SCHEDULE 1Authorisation by panel of certain serious interventions
Part 3The criteria for authorisation
Criteria for detention amounting to deprivation of liberty
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In relation to detention of P in a place in circumstances amounting to a deprivation of liberty, the criteria for authorisation are that—
(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.