ABSTRACT
The Government has become particularly concerned about the risk to society posed by people with severe personality disorders whom psychiatrists have often rejected as ‘untreatable’. The civil detention for treatment provisions set out in Pt II of the Mental Health Act 1983 (s 3) require, where the patient is suffering from a ‘psychopathic disorder’ (the term ‘personality disorder’ is often used interchangeably), evidence that medical treatment will alleviate or prevent deterioration in the condition. Controversy surrounds such persons’ treatability and thus many are not detained until they have committed a criminal offence.124 The Government have estimated that there exist around 500 people who fall within the category of ‘dangerous’ with ‘severe personality disorder’ whom it would be better to detain before they have the opportunity to commit a crime of violence. Around 40 homicides a year are committed by people who have had recent contact with psychiatric services.125 The need for law reform was originally highlighted in Managing Dangerous People with Severe Personality Disorder.126 The current proposals, if implemented, would permit the indeterminate but reviewable detention of such people and are highly controversial.
