Mental Capacity Act (Northern Ireland) 2016 No. 18

Prospective

PART 10 N.I. CRIMINAL JUSTICE

CHAPTER 8 N.I. RIGHTS OF REVIEW OF DETENTION UNDER PART 10

Powers of Tribunal as to public protection orders N.I.

Sections 231 and 232: the prevention of serious harm condition N.I.

233  For the purposes of sections231 and 232, the prevention of serious harm condition is that—

(a) there is an impairment, or disturbance in the functioning of, the person's mind or brain;

(b) releasing the person from detention in an appropriate establishment would create a risk, linked to the impairment or disturbance, of serious physical or psychological harm to other persons; and

(c) the likelihood and seriousness of the harm concerned are such that detaining the person in an appropriate establishment in circumstances amounting to a deprivation of liberty is a proportionate response.