Explanatory Memorandum

Mental Capacity Act (Northern Ireland) 2016

2016 CHAPTER 18

9 May 2016

Commentary on Sections

Part 15 – Supplementary

Section 294 – Provisions as to custody, detention etc

This section provides that an individual removed from, taken to or detained in any place by the police under Part 9, or taken to or detained in any place under Part 10, is to be treated as being in legal custody. The section also provides that the constable or any other person taking or detaining the individual under Part 9 or 10 has all the powers, authorities, protections and privileges which a constable has within the area for which he or she acts as constable.