PART 10CRIMINAL JUSTICE

CHAPTER 9SUPPLEMENTARY

Detention under Part 10: further provision

243Section 20 may apply to person detained under Part 10

1

This section applies in relation to any provision of this Part which provides that the question whether a person may be given any treatment while detained in pursuance of a remand, order or direction under this Part is to be determined in the same way as if the person were not so detained.

2

The provision—

a

does not prevent the person from falling within the reference in section 23 to a person detained by virtue of this Act in circumstances amounting to a deprivation of liberty; and

b

accordingly, does not prevent section 20 (authorisation needed for treatment with serious consequences where person lacks capacity and is detained etc) from applying in relation to the person.