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.