12—(1) This paragraph applies for the purposes of paragraphs 11, 13 and 14.N.I.
(2) The condition referred to in those paragraphs is that—
(a)failure to detain P in the hospital in circumstances amounting to a deprivation of liberty, for the purposes of further care, would create a risk of serious harm to P or of serious physical harm to other persons;
(b)detaining P in the hospital in circumstances amounting to a deprivation of liberty, for those purposes, 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;
(c)P lacks capacity in relation to whether he or she should be so detained; and
(d)it would be in P's best interests for him or her to be so detained.
(3) In sub-paragraph (2) “further care” means such one or more of the following as are appropriate in P's case—
(a)further examination;
(b)the provision to P of other treatment or care.
Commencement Information
I1Sch. 2 para. 12 in operation at 2.12.2019 for specified purposes by S.R. 2019/163, art. 2(4), Sch. Pt. 4 (with art. 3) (as amended by S.R. 2019/190, art. 2)