Sentences with phrase «considering deprivation of liberty»

With young persons, practitioners should not rely upon consent from a person with parental responsibility to override a refusal from a capacitated (or Gillick competent when considering deprivation of liberty) young person.

Not exact matches

Mr Justice Mitting indicated that if after three months the government can not make progress in its negotiations with the Jordanian government he would «very likely... consider that a continued deprivation of liberty is no longer justified».

The «paradigm case» to which Lord Hope referred had previously been considered by Lord Hoffmann in JJ, where it had been identified as a deprivation of liberty involving incarceration in a prison cell.

In considering whether the threshold had been crossed, Lord Hope observed: «If the difference between a restriction of liberty and a deprivation of liberty was to be measured merely by the duration of the restriction, it would be hard to regard what happened in this case as anything other than a deprivation of liberty» (at [17]-RRB-.

The judge considered a number of test cases on the procedure that should be adopted for the CoP to authorise a deprivation of liberty under section 16 of the MCA.

Law Commissioner Nicolas Paines QC said: «The Deprivation of Liberty Safeguards were designed at a time when considerably fewer people were considered deprived of their liberty.

Consequently, the professionals must or should at least raise an issue to be discussed and decided if the electronic tag, an obligation to stay at the specified address, reporting to the police station and the absolute prohibition for switching off their mobile, should not be considered as a limitation or deprivation of liberty.

One might think that analysis of the right not to be deprived of liberty except in accordance with the principles of fundamental justice would consider fundamental justice as it relates to the deprivation.