The detention of dangerous severe personality disordered offenders under mental health legislation: legal and ethical issues

Abstract

Public protection and mental disorder has frequently been at the forefront of government policy since psychiatry established itself as a medical science, coupled with media attention and at times, national hysteria. For over 150 years, public policy
has exceeded medical science in the control and treatment forced upon individuals with a mental disorder. Personality disorder has been the most misunderstood and poorly treated area of psychiatry throughout this time. This research examines the new government policy of detaining dangerous severe personality disordered offenders; its treatment; the detention of people with the disorder; and the legality of so doing. The central focus will be on the legality of psychopathologising dangerousness as criteria for detention under English law and under the European Convention of Human Rights. A brief history of detaining dangerous persons will be followed by an examination of previous practice and legal justification for detaining dangerous persons under mental health law. The research will then examine in detail the legality of the current DSPD (dangerous severe personality disorder) policy examining previous case law; new legislation; and comparing it with the jurisprudence from the European Court of Human Rights. There will be some discussion of the ethical issues. The conclusion will describe how the DSPD policy is currently compliant with the European Convention of Human Rights.