PART 10CRIMINAL JUSTICE

CHAPTER 8RIGHTS OF REVIEW OF DETENTION UNDER PART 10

Powers of Tribunal as to public protection orders

233Sections 231 and 232: the prevention of serious harm condition

For the purposes of sections231 and 232, the prevention of serious harm condition is that—

a

there is an impairment, or disturbance in the functioning of, the person's mind or brain;

b

releasing the person from detention in an appropriate establishment would create a risk, linked to the impairment or disturbance, of serious physical or psychological harm to other persons; and

c

the likelihood and seriousness of the harm concerned are such that detaining the person in an appropriate establishment in circumstances amounting to a deprivation of liberty is a proportionate response.