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Mental Capacity Act (Northern Ireland) 2016

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This is the original version (as it was originally enacted).

Record of detention to be kept

This section has no associated Explanatory Notes

149.—(1) Where a person is taken to a place of safety under section 139 or section 145 and detained there under section 142 or 143, the appropriate officer (as defined by section 160) must make a written record of the fact that the person has been so detained.

(2) The written record—

(a)must be made as soon as practicable after the decision is made to detain the person under section 142 or 143; and

(b)must be made in the presence of the person, who must at that time be informed by the appropriate officer that he or she is being detained under that section.

(3) Subsection (2)(b) does not apply where, at the time when the written record is made, the person is—

(a)incapable of understanding what is said to him or her;

(b)violent or likely to become violent; or

(c)in urgent need of medical attention.

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