Mental Capacity Act (Northern Ireland) 2016

Prospective

Sections 231 and 232: the prevention of serious harm conditionN.I.
This section has no associated Explanatory Notes

233  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.