Mental Capacity Act (Northern Ireland) 2016 No. 18

Prospective

PART 10 N.I. CRIMINAL JUSTICE

CHAPTER 2 N.I. POWERS OF COURT ON CONVICTION

Public protection orders with and without restrictions N.I.

Section 167: the restriction condition N.I.

169—(1) For the purposes of section 167 “the restriction condition” is that the court, having regard to all the circumstances and in particular to the matters mentioned in subsection (2), considers that making a public protection order with restrictions (rather than a public protection order without restrictions) is necessary for the protection of the public from serious physical or psychological harm.

(2) The matters are—

(a) the nature of the offence;

(b) the past history of the offender;

(c) the risk of physical or psychological harm to other persons if the offender were set at large.