ABSTRACT

The White Paper includes the Government’s proposals for dealing with persons with dangerous severe personality disorders. This is achieved by allowing compulsory detention of patients where treatment is necessary to obviate the serious risk of severe harm to others. To this end, the courts will also have the power to remand the person for assessment and treatment. The Government suggests that the main safeguard arises from the overseeing independent Tribunal. Additional safeguards include: free legal representation; access to independent specialist advocates; and specific provisions to cover non-consensual treatment.