Commentary on Sections Part 9 – Power of Police to Remove Person to Place of Safety Section 145 - Transfer from one place of safety to another
This section provides that a person may be transferred from one place of safety to another if certain conditions are met. There must be appropriate care or treatment available at the new place of safety that is not available at the current place of detention. Discharging rather than transferring the person would also have to cause a risk of serious physical or psychological harm to that person or serious physical harm to other people. The transfer must also be a proportionate measure in light of the likelihood and seriousness of that harm, and the person must be unable to decide for themselves if they should be transferred to another place of safety due to an impairment of or disturbance in the functioning of their mind or brain. The transfer must also be in that person’s best interests.