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'''Section 5 acts: limitations''' | '''Section 5 acts: limitations''' | ||
(1) If D does an act that is intended to restrain P, it is not an act to which section 5 applies unless two further conditions are satisfied. | 6.—(1) If D does an act that is intended to restrain P, it is not an act to which section 5 applies unless two further conditions are satisfied. | ||
(2) The first condition is that D reasonably believes that it is necessary to do the act in order to prevent harm to P. | (2) The first condition is that D reasonably believes that it is necessary to do the act in order to prevent harm to P. | ||
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:(b) restricts P's liberty of movement, whether or not P resists. | :(b) restricts P's liberty of movement, whether or not P resists. | ||
(5) But D does more than merely restrain P if he deprives P of his liberty within the meaning of Article 5(1) of the Human Rights Convention (whether or not D is a public authority) | (5) [...]<ref>[[Mental Health Act 2007]] s50; [[Mental Health Act 2007 (Commencement No. 10 and Transitional Provisions) Order 2009]] wef 1/4/09; omitting "But D does more than merely restrain P if he deprives P of his liberty within the meaning of Article 5(1) of the Human Rights Convention (whether or not D is a public authority)"</ref> | ||
(6) Section 5 does not authorise a person to do an act which conflicts with a decision made, within the scope of his authority and in accordance with this Part, by- | (6) Section 5 does not authorise a person to do an act which conflicts with a decision made, within the scope of his authority and in accordance with this Part, by- | ||
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while a decision as respects any relevant issue is sought from the court. | while a decision as respects any relevant issue is sought from the court. | ||
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Latest revision as of 22:56, 5 August 2015
Section 5 acts: limitations
6.—(1) If D does an act that is intended to restrain P, it is not an act to which section 5 applies unless two further conditions are satisfied.
(2) The first condition is that D reasonably believes that it is necessary to do the act in order to prevent harm to P.
(3) The second is that the act is a proportionate response to-
- (a) the likelihood of P's suffering harm, and
- (b) the seriousness of that harm.
(4) For the purposes of this section D restrains P if he-
- (a) uses, or threatens to use, force to secure the doing of an act which P resists, or
- (b) restricts P's liberty of movement, whether or not P resists.
(5) [...][1]
(6) Section 5 does not authorise a person to do an act which conflicts with a decision made, within the scope of his authority and in accordance with this Part, by-
- (a) a donee of a lasting power of attorney granted by P, or
- (b) a deputy appointed for P by the court.
(7) But nothing in subsection (6) stops a person-
- (a) providing life-sustaining treatment, or
- (b) doing any act which he reasonably believes to be necessary to prevent a serious deterioration in P's condition,
while a decision as respects any relevant issue is sought from the court.
Amendments
- ↑ Mental Health Act 2007 s50; Mental Health Act 2007 (Commencement No. 10 and Transitional Provisions) Order 2009 wef 1/4/09; omitting "But D does more than merely restrain P if he deprives P of his liberty within the meaning of Article 5(1) of the Human Rights Convention (whether or not D is a public authority)"