In cases where limitations are placed on the liberty of an individual1 for whom there are issues of capacity particular emphasis has been placed on the three elements constituting a deprivation of liberty2:
(1) a confinement to a certain limited space for a not negligible length of time;
(2) an absence of valid consent to the confinement; and
(3) confinement which is attributable to the state.
The application of these principles, and especially the first, will often turn on a highly fact-specific analysis of the degree or intensity of restraint3. However, the Supreme Court has held that what it means
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