PART 2LACK OF CAPACITY: PROTECTION FROM LIABILITY, AND SAFEGUARDS
CHAPTER 4ADDITIONAL SAFEGUARD: AUTHORISATIONS ETC
Deprivation of liberty
I124Deprivation of liberty
1
This section applies where the act mentioned in section 9(1) amounts to, or is one of a number of acts that together amount to, a deprivation of P's liberty.
2
Section 9(2) (protection from liability) applies to the act only if—
a
the deprivation of P's liberty consists of—
i
the detention of P, in circumstances amounting to a deprivation of liberty, in a place in which care or treatment is available for P; or
ii
related detention;
b
the detention in question is authorised; and
c
the prevention of serious harm condition (as well as the conditions of section 9(1)(c) and (d), and any other conditions that apply under this Part) is met.
3
Subsection (2)(b) does not apply where the situation is an emergency (see section 65).
4
See section 25 for—
a
the meaning of “related detention” and of detention being “authorised”;
b
the prevention of serious harm condition.
5
In this Part any reference to an act which is one of a number of acts that together amount to a deprivation of P's liberty includes (in particular) where P is detained in circumstances amounting to a deprivation of liberty, instructing another person to carry out or continue the detention.