Section 4 – Deprivation of liberty: code of practice


The 2019 act does not define deprivation of liberty. Instead, it retains section 64(5) of the Mental Capacity Act 2005 (MCA), which provides that references to deprivation of a person’s liberty have the same meaning as in Article 5(1) of the European Convention on Human Rights. This means that the meaning of deprivation of liberty […]

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