PART 2LACK OF CAPACITY: PROTECTION FROM LIABILITY, AND SAFEGUARDS

CHAPTER 4ADDITIONAL SAFEGUARD: AUTHORISATIONS ETC

Treatment with serious consequences

23Meaning of “subject to an additional measure”

1

For the purposes of this Part a person is “subject to an additional measure” at the time a particular act is done if—

a

the act is done at a time when the person is detained by virtue of this Act in circumstances amounting to a deprivation of liberty;

b

the act is, or is done in the course of, the provision of treatment and is done at a time when the person is subject to a requirement to attend at a particular place at particular times or intervals for the purpose of being given that treatment;

c

the act is done at a time when the person is subject to a community residence requirement; or

d

the act is done at a time when a supervision and assessment order (see Schedule 7) is in force in respect of the person.

2

For further provision about the measures mentioned in subsection (1)(a) to (c), see sections 24 to 34.