Explanatory Memorandum

Mental Capacity Act (Northern Ireland) 2016

2016 CHAPTER 18

9 May 2016

Commentary on Sections

Part 9 – Power of Police to Remove Person to Place of Safety

Section 148 - Section 147: meaning of “the required information”

This section makes provision for the information that is to be given when a person is taken to a place of safety under section 139 or section 145.  This information includes the fact that the person has been taken to a place of safety, the person’s name and address, the address of the place of safety to which he or she has been taken, the date and time of the taking or transfer to a place of safety, and the circumstances which gave rise to the removal or transfer.

In situations where this section applies, Article 10 of the Criminal Justice (Children) (Northern Ireland) Order 1998 and Article 57 of PACE do not apply.