10 In relation to detention of P in a place in circumstances amounting to a deprivation of liberty, the criteria for authorisation are that—N.I.
(a)appropriate care or treatment is available for P in the place in question;
(b)failure to detain P in circumstances amounting to a deprivation of liberty in a place in which appropriate care or treatment is available for P would create a risk of serious harm to P or of serious physical harm to other persons;
(c)detaining P in the place in question in circumstances amounting to a deprivation of liberty would be 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;
(d)P lacks capacity in relation to whether he or she should be detained in the place in question; and
(e)it would be in P's best interests to be so detained.
Commencement Information
I1Sch. 1 para. 10 in operation at 2.12.2019 for specified purposes by S.R. 2019/163, art. 2(4), Sch. Pt. 4 (with art. 3) (as amended by S.R. 2019/190, art. 2)