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—
- a
where the place of safety is a hospital, the purpose mentioned in section 142(2);
- b
where the place of safety is a police station, the purpose mentioned in section 143(2)(a) or (b).
- a