Mental Capacity Act (Northern Ireland) 2016

Sections 19 and 20: the prevention of serious harm condition

22.—(1) For the purposes of sections 19 and 20, the prevention of serious harm condition is that at the time the act mentioned in subsection (1)(a) of that section is done, D reasonably believes—

(a) that failure to provide the treatment in question to P would create a risk of serious harm to P or of serious physical harm to other persons; and

(b) that carrying out that treatment is a proportionate response to—

(i) the likelihood of harm to P, or of physical harm to other persons; and

(ii) the seriousness of the harm concerned.

(2) Subsection (3) applies where there are one or more treatments (other than the treatment mentioned in subsection (1))—

(a) that are available and would be appropriate in P’s case; and

(b) the provision of which would not involve the doing of acts to which section 19 or 20 applies.

(3) In determining whether failure to provide the treatment mentioned in subsection (1) would create a risk of serious harm to P or of serious physical harm to other persons, it must be assumed that if that treatment were not provided, another treatment would be provided as soon as practicable.