Law and the mentally disordered offender: an overview of structures and statutes

Abstract

Legislation relating to mentally disordered offenders (MDOs) has developed in a piecemeal way over several hundred years, frequently in response to the anxieties of the ruling class or the public about real or perceived danger from people who have been variously described as 'criminal lunatics', 'the criminally insane', 'the morally insane' in the case of people with personality disorders, or, in the words of the tabloid press, 'psychos', 'perverts' and 'mad axe murderers'. The Criminal Lunatics Act of 1800 was hastily enacted in response to James Hadfield's attempted assassination of George III and the ensuing public outcry about the lack of any judicial means to detain him. This chapter provides an overview of the current legislative framework and its evolution. It comments on what mental health practitioners working with MDOs need to know and understand about it, including its inconsistencies and inherent tensions. This is increasingly vital as, with the implementation of the Mental Health Act 2007, a more detailed knowledge of mental health law will now be required by a far wider range of professions than was previously the case. Under the un-amended 1983 Mental Health Act (MHA) only social workers (as approved social workers) and psychiatrists (and in some cases GPs approved under s.12) could exercise powers in relation to the compulsory detention, treatment and discharge of patients subject to the MHA. Since November 2008, psychologists, nurses and occupational therapists find themselves in the role of 'Responsible Clinician' (previously Responsible Medical Officer) overseeing a detained patient's treatment. In addition, a similarly wide range of professionals will be empowered to make applications for admission under the new MHA, as they take on the role of an 'approved mental health professional' which was previously only available to the approved social worker. (PsycINFO Database Record (c) 2012 APA, all rights reserved). (chapter)