658. The eligibility requirement.

658.     The eligibility requirement.

The relevant person1 meets the eligibility requirement unless he is ineligible2 to be deprived of liberty by the Mental Capacity Act 20053.

A person ('P') is ineligible to be deprived of liberty by the Mental Capacity Act 2005 ('ineligible') if he falls within one of the following cases4.

Where P is subject to the hospital treatment regime5 and is detained in a hospital6 under that regime, P is ineligible7.

Where P is subject to the hospital treatment regime but is not detained in a hospital under that regime8 he is ineligible if the authorised course