Commentary on Sections Part 10 – Criminal Justice Chapter 8 – Rights of Review of Detention under Part 10 Section 233 - Sections 231 and 232: the prevention of serious harm condition
This section defines the prevention of serious harm condition that must be considered by the Tribunal when considering the discharge of persons who are subject to public protection orders, with or without restrictions.
The condition is that there is an impairment, or disturbance in the functioning of, the person’s mind or brain; releasing the person from detention would create a risk, linked to the impairment or disturbance, of serious physical or psychological harm to other persons; and the likelihood and seriousness of the harm are such that detaining the person is a proportionate response.