SCHEDULES
SCHEDULE 2Authorisation of short-term detention in hospital for examination etc
Part 3Events terminating the authorisation
The condition for detention
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1
This paragraph applies for the purposes of paragraphs 11, 13 and 14.
2
The condition referred to in those paragraphs is that—
a
failure to detain P in the hospital in circumstances amounting to a deprivation of liberty, for the purposes of further care, would create a risk of serious harm to P or of serious physical harm to other persons;
b
detaining P in the hospital in circumstances amounting to a deprivation of liberty, for those purposes, 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;
c
P lacks capacity in relation to whether he or she should be so detained; and
d
it would be in P's best interests for him or her to be so detained.
3
In sub-paragraph (2) “further care” means such one or more of the following as are appropriate in P's case—
a
further examination;
b
the provision to P of other treatment or care.