PART 2LACK OF CAPACITY: PROTECTION FROM LIABILITY, AND SAFEGUARDS
CHAPTER 4ADDITIONAL SAFEGUARD: AUTHORISATIONS ETC
Deprivation of liberty
I125Section 24: definitions
1
This section applies for the purposes of section 24.
2
“Related detention” means—
a
the detention of P in circumstances amounting to a deprivation of liberty while P is being taken to a place in which care or treatment is available for P; or
b
the detention of P in circumstances amounting to a deprivation of liberty in pursuance of a condition imposed on P that relates to permission given to P to be absent from a relevant place (as defined by section 27).
3
Detention is “authorised” if, at the time the act is done, there is in force an authorisation granted—
a
by a panel under Schedule 1, or
b
by the making of a report under paragraph 2 of Schedule 2 (authorisation of short-term detention for examination etc),
which authorises that detention.
4
See paragraph 22 of Schedule 1 or paragraph 18 of Schedule 2 (as the case may be) for provisions about the scope of an authorisation.
5
The prevention of serious harm condition is that at the time the act is done D reasonably believes—
a
that failure to detain P in circumstances amounting to a deprivation of liberty would create a risk of serious harm to P or of serious physical harm to other persons; and
b
that the detention in question is a proportionate response to—
i
the likelihood of harm to P, or of physical harm to other persons; and
ii
the seriousness of the harm concerned.
6
References in this section to “the act” are to the act mentioned in section 24(1).