Mental Capacity Act (Northern Ireland) 2016 No. 18

Prospective

PART 10 N.I. CRIMINAL JUSTICE

CHAPTER 9 N.I. SUPPLEMENTARY

Detention under Part 10: further provision N.I.

Section 20 may apply to person detained under Part 10 N.I.

243—(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.