Aims and methodA trust-wide survey of all in-patients to estimate the prevalence of likely deprivation of liberty and to investigate how two different approaches to measuring deprivation might affect the number identified.ResultsA notable difference in the results was detected when comparing the two methods. One survey method identified deprivation of liberty factors in 84% of informal incapacitous patients, whereas a different approach that weighed up the factors in accordance with the UK government's interpretation of the case law detected only 11% as potential cases.Clinical implicationsTo be usefully implemented, the deprivation of liberty safeguards require an accurate method of assessment in order to target those the process is designed to protect. This survey demonstrates the difficulties in defining deprivation of liberty and highlights the issue of how it is best measured.
2 "No person shall. .. be deprived of life, liberty, or property, without due process of law .. " U.S. CONST. amend. V. 3 102 S. Ct. at 2494-95. 4 Id. at 2487-88. 5 The Court required no special explanation why the increased charges could not have been brought originally. See incfa notes 145-47 and accompanying text. The usual justification for making charges, i.e., probable cause to believe that the defendant has committed the charged crimes, sufficient to convince a grand jury or magistrate, was present in Gaodwin, since a grand jury issued an indictment for the increased charges. 102 S. Ct. at 2488.
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