Sentences with phrase «otherwise deprivation of liberty»

The rhetoric of the American Declaration of Independence may speak of «rights» to life and liberty as inalienable, but the enjoyment of such rights within society was and is conditional; otherwise deprivation of liberty by penal incarceration would be inconceivable.

Not exact matches

However, the MCA has created a statutory basis for lawfully restraining an incapable adult and, where the restraining measures employed amounted to a deprivation of liberty, a judge sitting in the Court of Protection has the jurisdiction to declare such acts lawful under MCA s 15 (1)(c) or to make an order consenting to confinement which would otherwise be a deprivation of liberty under MCA s 16 (2)(a).

Case law has confirmed that a Local Authority with parental responsibility for a child / young person (under a care order) can not consent to arrangements that would otherwise amount to a deprivation of liberty.