Singapore legislation

Clause 8

Section 7 acts: limitations

(1)

If D does an act that is intended to restrain P, it is not an act to which section 7 applies unless 2 further conditions are satisfied.

(2)

The first condition is that D reasonably believes that it is necessary to do the act in order to prevent harm to P.

(3)

The second condition is that the act is a proportionate response to —

(a)

the likelihood of P’s suffering harm; and

(b)

the seriousness of that harm.

(4)

For the purposes of this section, D restrains P if he —

(a)

uses, or threatens to use, force to secure the doing of an act which P resists; or

(b)

restricts P’s liberty of movement, whether or not P resists.

(5)

Section 7 does not authorise a person to do an act which is inconsistent with a decision made, within the scope of the authority of, and in accordance with this Act, by —

(a)

a donee of a lasting power of attorney granted by P; or

(b)

a deputy appointed for P by the court.

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