Necessity Flashcards
1
Q
What if someone is unconscious?
A
May provide a defence when treatment is given to an unconscious person, but can not override wishes expressed when conscious.
2
Q
Emergency treatment
A
It best interests for patients without mental capacity
3
Q
B v NHS Hospital Trust
A
Necessity cannot override a competent patients wishes.
4
Q
Rigby v Chief Constable of Northamptonshire
A
When dealing with real and imminent danger to prevent harm - teargas canisters into shop where suspect was in with gun - necessary to prevent real and imminent danger to the public.
5
Q
Austin v Commissioners of the MP
A
Public order situations: detaining a few innocent people to prevent much greater harm.
