PART 9POWER OF POLICE TO REMOVE PERSON TO PLACE OF SAFETY

Powers of police to detain person removed from public place

144Sections 142 and 143: the detention conditions

1

This section applies for the purposes of sections 142 and 143.

2

The detention conditions are that—

a

failure to detain the person for the permitted purposes would create a risk of serious physical or psychological harm to the person or of serious physical harm to other persons;

b

detaining the person in the place of safety for those purposes is a proportionate response to the likelihood and seriousness of the harm concerned;

c

because of an impairment of or disturbance in the functioning of the mind or brain (temporary or permanent, and however caused), the person is unable to make a decision for himself or herself as to whether he or she should remain in the place of safety; and

d

detention in the place of safety for those purposes is in the person’s best interests.

3

In this section—

  • “the place of safety” means the hospital or police station to which the person mentioned in section 142(1) or 143(1) has been taken;

  • “the permitted purposes” means—

    1. a

      where the place of safety is a hospital, the purpose mentioned in section 142(2);

    2. b

      where the place of safety is a police station, the purpose mentioned in section 143(2)(a) or (b).