SCHEDULES

SCHEDULE 1Authorisation by panel of certain serious interventions

Part 3The criteria for authorisation

Criteria for detention amounting to deprivation of liberty

I110

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.