Introduction

To what extent should a person suffering mental disorder be held responsible for their behaviour (e.g. is it fair to punish a man who smashes a window in response to "voices")? If they are not fully responsible then should their freedom be limited "for their own good" (i.e. should the same man be taken to hospital against his will)? The law must provide practical responses to this type of question. In England the relevant act of parliament concerned with this is the Mental Health Act (1983). Currently before Parliament is a new Mental Health Bill. This has not met with approval from either patient groups or psychatrists.

Legal Definition of Mental Disorder

The importance of such a definition is that it protects people regarded as "odd" or a "nuisance" from inappropriate compulsion. Persons cannot be considered mentally disordered simply on grounds of "immoral conduct, sexual deviancy or dependence on alcohol or drugs". It is important to remember that psychiatric diagnoses do not necessarily correspond to legal definitions!

Mental Disorder

In the Act this is defined as; "Mental illness, arrested or incomplete development of mind, psychopathic disorder and any other disorder or disability of mind." It is a deliberately broad definition and when applied results in the liability of an individual to compulsory admission for up to 28 days.

There are four legal subtypes of mental disorder:

1. Mental Impairment - "a state of arrested or incomplete development of mind resulting in significant impairment of intelligence and social functioning and associated with abnormally aggressive or seriously irresponsible conduct."
2. Psychopathic Disorder - "a persistent disorder or disability of mind which results in abnormally aggressive or seriously irresponsible conduct."
3. Severe Mental Impairment - this has the same definition as for mental impairment but with "severe impairment of intelligence etc."
4. Mental Illness - this is not specifically defined in the Act but left up to doctors

Mental Impairment and Psychopathic Disorder result in liability to compulsory admission for over 28 days only if treatment is likely to "alleviate or prevent a deterioration" in the condition.

Severe Mental Impairment and Mental Illness result in liability to prolonged compulsory admission regardless of likely outcome.

compulsory admission, removal and guardianship...>>

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