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35,970 claims
The Department of Justice may direct that a person serving a custodial sentence be transferred to a hospital if certain medical conditions are met.
Where—(a)a person is serving a relevant sentence, and (b)the conditions for giving a direction under this section are met (see section 212), the Department of Justice may by warrant direct that the person be removed to a hospital specified in the direction.
Operational · Procedural statement · From Mental Capacity Act (Northern Ireland) 2016, [page]
The court may remand an accused person to a hospital if certain medical and treatment conditions are met.
(1) Where—(a)the Crown Court or a court of summary jurisdiction has power to remand an accused person (“A”) in custody, (b)the court considers that it would remand A in custody if it did not remand A under this section, and (c)either or both of the conditions for remand to hospital are met, the court may, instead of remanding A in custody, remand A to a hospital specified by the court.
Operational · Procedural statement · From Mental Capacity Act (Northern Ireland) 2016, [page]
A determination that a person is unable to make a decision must not be made based on their age or appearance.
(2) A determination that a person is unable to make a decision, or about what is in a person's best interests, must not be made for any purpose of this Part merely on the basis of—(a)the person's age or appearance;
Policy · Policy statement · From Mental Capacity Act (Northern Ireland) 2016, [page]
The records must show the number of persons and children detained under this Part in hospitals and police stations annually.
The records that must be kept under Article 50 of PACE include records showing, on an annual basis—(a)the number of persons detained under this Part in hospitals; (b)the number of persons detained under this Part in police stations. (c)the number of children detained under this Part in hospitals; (d)the number of children detained under this Part in police stations;
Operational · Procedural statement · From Mental Capacity Act (Northern Ireland) 2016, [page]
A person removed to a place of safety under section 139 must be informed about their removal and the reasons for it.
The powers conferred by this Part are subject to section 157 (principles).
Policy · Procedural statement · From Mental Capacity Act (Northern Ireland) 2016, [page]
A person conducting research must consult a third party if the individual lacks capacity to consent and no appropriate professional is available.
If R is unable to identify such a person R must, in accordance with guidance issued by the Department, appoint a person who—(a)is prepared to be consulted by R under this section; and(b)has no connection with the project.
Policy · Procedural statement · From Mental Capacity Act (Northern Ireland) 2016, [page]
Research projects involving individuals who lack capacity must ensure that any intervention is likely to be negligible or non-invasive.
there must be reasonable grounds for believing—(a)that the risk to P from taking part in the project is likely to be negligible; and(b)that nothing done to, or in relation to, P as part of the project will—(i)interfere with P's freedom of action or privacy in a significant way; or(ii)be unduly invasive or restrictive.
Policy · Procedural statement · From Mental Capacity Act (Northern Ireland) 2016, [page]
Intrusive research on a person who is 16 or over and lacks capacity to consent must be part of an approved research project and comply with specific regulations.
132—(1) Intrusive research carried out on, or in relation to, a person who is 16 or over and lacks capacity to consent to it is unlawful unless it is carried out— (a)as part of an approved research project (see subsection (3));
Policy · Procedural statement · From Mental Capacity Act (Northern Ireland) 2016, [page]
The court can make orders or give directions pending the determination of an application if there is reason to believe that a person lacks capacity and it is in their best interests.
119 The court may, pending the determination of an application to it in relation to a person (“P”), make an order or give directions in respect of any matter if— (a)there is reason to believe that P lacks capacity in relation to the matter;
Policy · Procedural statement · From Mental Capacity Act (Northern Ireland) 2016, [page]
A deputy may not give consent for psychosurgery without specific legal authorization.
10. A deputy may not give consent to psychosurgery in respect of P.
Policy · Procedural statement · From Mental Capacity Act (Northern Ireland) 2016, [page]
The Department has the authority to make regulations about independent mental capacity advocates' functions and roles.
The Department may by regulations— (a)expand the role of independent mental capacity advocates in relation to persons who are 16 or over and lack capacity; (b)adjust the obligation to make arrangements imposed by section 86.
Policy · Procedural statement · From Mental Capacity Act (Northern Ireland) 2016, [page]
HSC trusts must consider the principle of independence when instructing an independent mental capacity advocate.
In making arrangements under subsection (1), and instructing an independent mental capacity advocate under section 91, an HSC trust must have regard to the principle that a person to whom a proposed act would relate should be represented by someone who is independent of any person who will be responsible for the act if it is done.
Operational · Procedural statement · From Mental Capacity Act (Northern Ireland) 2016, [page]
Health and Social Care (HSC) trusts must ensure independent mental capacity advocates are available when required by law.
Each HSC trust must make arrangements to secure that, where the trust is required by section 91 to instruct an independent mental capacity advocate to represent and provide support to a person (“P”) in the determination of whether a particular act in relation to which P lacks capacity would be in P's best interests, an independent mental capacity advocate is available to be instructed by the trust to represent and provide support to P in that determination.
Operational · Procedural statement · From Mental Capacity Act (Northern Ireland) 2016, [page]
An extension report must be made by an appropriate medical practitioner and include a statement from the responsible person that criteria for continuation are met.
An “extension report”, in relation to an authorisation in respect of a person (“P”), is a report in the prescribed form which—(a)is made, within the reporting period, by an appropriate medical practitioner who has examined P within the reporting period and made the report as soon as practicable after that examination; (d)includes a statement in the prescribed form, by the responsible person (see section 42), that in that person's opinion the criteria for continuation are met in respect of each specified measure;
Operational · Procedural statement · From Mental Capacity Act (Northern Ireland) 2016, [page]
The imposition by an HSC trust of a community residence requirement is not considered to be a deprivation of liberty or act within section 12(4) (acts of restraint).
the imposition by an HSC trust of a community residence requirement is not to be regarded for the purposes of this Act—as an act which in itself amounts to a deprivation of liberty; or as an act within section 12(4) (acts of restraint).
Policy · Procedural statement · From Mental Capacity Act (Northern Ireland) 2016, [page]
The Department may impose duties on HSC trusts regarding people subject to community residence requirements.
The Department may make regulations—for imposing on HSC trusts such duties as the Department considers appropriate in the interests of people who are subject to community residence requirements;
Policy · Policy statement · From Mental Capacity Act (Northern Ireland) 2016, [page]
The act requires that decisions made on behalf of a person lacking capacity must be in their best interests.
This section applies where, under this Act—(a)an act is done for or on behalf of a person who is 16 or over and lacks capacity in relation to whether the act should be done; or (b)a decision is made for or on behalf of a person who is 16 or over and lacks capacity to make the decision.
Policy · Procedural statement · From Mental Capacity Act (Northern Ireland) 2016, [page]
The act mandates that all practicable help and support must be given to a person before determining their lack of capacity.
A person is not to be regarded for the purposes of section 1(4) as having been given all practicable help and support to enable him or her to make a decision unless, in particular, the steps required by this section have been taken so far as practicable.
Policy · Procedural statement · From Mental Capacity Act (Northern Ireland) 2016, [page]
The Mental Capacity Act (Northern Ireland) 2016 requires determinations of capacity to be made based on specific criteria.
For the purposes of this Part a person is “unable to make a decision” for himself or herself about a matter if the person—(a)is not able to understand the information relevant to the decision; (b)is not able to retain that information for the time required to make the decision; (c)is not able to appreciate the relevance of that information and to use and weigh that information as part of the process of making the decision; or (d)is not able to communicate his or her decision
Policy · Procedural statement · From Mental Capacity Act (Northern Ireland) 2016, [page]
An authorisation record must specify details about the arrangements and their review schedule.
An authorisation record is a record relating to a cared-for person, specifying all arrangements authorised for the time being, and the responsible body for the time being, for that person,
Policy · Procedural statement · From Mental Capacity (Amendment) Act 2019, [page]