:black_flag: Mental Capacity Act 2005
this provides C with a statutory defence in some circumstances
s.1 principles:
...(4) A person is not to be treated as unable to make a decision merely because he makes an unwise decision.
(5) An act done, or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in his best interests...
:red_flag: R v Collins, Ex p Ian Stewart Brady (2000)
:red_flag: R v Bournewood Community and Mental Health NHS Trust, Ex parti L (1999)
:red_flag: Cheshire West and Chester Council v P and another (2014)
deprivation of liberty - whilst treatment could be justified or was necessary in some way, just because someone lacks the capacity to consent doesn't mean that the actions you take will be lawful or that deprivation of the liberty doesn't matter :!: