{
  "url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-25",
  "json_url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016/section-25.json",
  "legislation": "nia/2016/18",
  "legislation_title": "Mental Capacity Act (Northern Ireland) 2016",
  "legislation_url": "https://openlegislation.uk/mental-capacity-act-northern-ireland-2016",
  "path": "section/25",
  "kind": "section",
  "number": "25",
  "heading": "Section 24: definitions",
  "text": "(1) This section applies for the purposes of section 24.\n(2) “Related detention” means—\n(a) the detention of P in circumstances amounting to a deprivation of liberty while P is being taken to a place in which care or treatment is available for P; or\n(b) the detention of P in circumstances amounting to a deprivation of liberty in pursuance of a condition imposed on P that relates to permission given to P to be absent from a relevant place (as defined by section 27).\n(3) Detention is “authorised” if, at the time the act is done, there is in force an authorisation granted—\n(a) by a panel under Schedule 1, or\n(b) by the making of a report under paragraph 2 of Schedule 2 (authorisation of short-term detention for examination etc),\nwhich authorises that detention.\n(4) See paragraph 22 of Schedule 1 or paragraph 18 of Schedule 2 (as the case may be) for provisions about the scope of an authorisation.\n(5) The prevention of serious harm condition is that at the time the act is done D reasonably believes—\n(a) that failure to detain P in circumstances amounting to a deprivation of liberty would create a risk of serious harm to P or of serious physical harm to other persons; and\n(b) that the detention in question is a proportionate response to—\n(i) the likelihood of harm to P, or of physical harm to other persons; and\n(ii) the seriousness of the harm concerned.\n(6) References in this section to “the act” are to the act mentioned in section 24(1).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 25 in operation at 2.12.2019 for specified purposes by S.R. 2019/163, art. 2(4), Sch. Pt. 4 (with art. 3) (as amended by S.R. 2019/190, art. 2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nia/2016/18/section/25",
    "retrieved_at": "2026-10-29T20:19:54.781348+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}