Mental Capacity Act (Northern Ireland) 2016

Sections 142 and 143: the detention conditions

144.—(1) This section applies for the purposes of sections 142 and 143.

(2) The detention conditions are that—

(a) failure to detain the person for the permitted purposes would create a risk of serious physical or psychological harm to the person or of serious physical harm to other persons;

(b) detaining the person in the place of safety for those purposes is a proportionate response to the likelihood and seriousness of the harm concerned;

(c) because of an impairment of or disturbance in the functioning of the mind or brain (temporary or permanent, and however caused), the person is unable to make a decision for himself or herself as to whether he or she should remain in the place of safety; and

(d) detention in the place of safety for those purposes is in the person’s best interests.

(3) In this section—

“the place of safety” means the hospital or police station to which the person mentioned in section 142(1) or 143(1) has been taken;

“the permitted purposes” means—

(a)

where the place of safety is a hospital, the purpose mentioned in section 142(2);

(b)

where the place of safety is a police station, the purpose mentioned in section 143(2)(a) or (b).