PART 10CRIMINAL JUSTICE
CHAPTER 3DETENTION UNDER A PUBLIC PROTECTION ORDER WITHOUT RESTRICTIONS
Extension of the period of an order
185The criteria for continuation
1
In this Chapter “the criteria for continuation”, in relation to a public protection order without restrictions made in respect of a person, has the meaning given by subsection (2).
2
The criteria for continuation are—
a
that there is an impairment of, or disturbance in the functioning of, the mind or brain of the person;
b
that appropriate care or treatment is available for the person in the establishment concerned;
c
that failure to detain the person in circumstances amounting to a deprivation of liberty in an appropriate establishment in which appropriate care or treatment is available for the person would create a risk, linked to the impairment or disturbance, of serious physical or psychological harm to other persons; and
d
that detaining the person in the establishment concerned, in circumstances amounting to a deprivation of liberty, would be a proportionate response to—
i
the likelihood of the harm concerned; and
ii
the seriousness of that harm.
3
In this section “the establishment concerned” means the establishment in which the person would be liable to be detained if the period of the order were extended.