Fennell, Letts and Wilson, Mental Health Tribunals (Law Society 2013):
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Category:Treatability test and psychopathic disorder

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The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page.
Page and summaryDate added to siteCategories
Wilkinson v Secretary of State for Scotland (1999) ScotCS 49 — Paedophilia alone did not justify detention, as it is a sexual deviancy; but on the facts there was a mental disorder. If there is a mental disorder that manifests itself in paedophile conduct, that can be within the definition of mental disorder. [MHLR.] 2009-11-011999 cases, Brief summary, MHLR summary, Scottish cases, Transcript, Treatability test and psychopathic disorder
South West London and St George's Mental Health NHS Trust v W (2002) EWHC 1770 (Admin) — Lawfulness of transfer from prison to hospital (treatability). [Summary required.] 2009-11-012002 cases, No summary, Transcript, Treatability test and psychopathic disorder
R (Wheldon) v Rampton Hospital Authority (2001) EWHC Admin 134 — Unsuccessful challenge to lawfulness of detention (treatability). [Summary required.] 2009-10-302001 cases, No summary, Transcript, Treatability test and psychopathic disorder
Anderson v Scottish Ministers (2001) UKPC D5 — Section 1 of the Mental Health (Public Safety and Appeals) (Scotland) Act 1999 is not incompatible with Article 5(1)(e): the continued detention of restricted patients in a hospital on grounds of public safety is not dependent on their condition being capable of treatment. 2009-10-242001 cases, Detailed summary, Transcript, Treatability test and psychopathic disorder
R (N) v MHRT (2007) EWHC 1524 (Admin) — The Tribunal must ask (1) is the patient suffering from psychopathic disorder (see s1(2))? If yes, (2) is that finding based solely on the fact of sexual deviancy (see s1(3))? Behaviour exhibited when exhibiting sexual deviancy may in part be basis for diagnosis. In this case, there were also separate symptoms. The decision not to adjourn was lawful 2007-07-172007 cases, Brief summary, Transcript, Treatability test and psychopathic disorder
R (P) v MHRT East Midlands and North East Region (2002) EWCA Civ 697 — Psychopathic disorder can persist for years without causing any abnormally aggressive or seriously irresponsible conduct; it is enough that the disorder of mind has done so in the past and that there is a real risk that, if treatment in hospital is discontinued, it will do so in the future. 2007-02-072002 cases, Brief summary, Transcript, Treatability test and psychopathic disorder
R (MacDonald) v MHRT North West Region (1997) EWHC Admin 716 — Pre-Reid challenge to non-discharge of untreatable psychopath. 2007-02-071997 cases, No summary, Transcript, Treatability test and psychopathic disorder
Hutchinson Reid v UK 50272/99 (2003) ECHR 94 — Treatability test not necessary for Article 5(1) compliance (re Scottish removal of this test); breaches of Article 5(4) due to onus being on patient and the delay for the case to come to the House of Lords. 2007-02-071998 cases, Brief summary, ECHR, Transcript, Treatability test and psychopathic disorder
Reid v Secretary of State for Scotland (1998) UKHL 43 — (1) Treatability test is part of admission criteria for psychopathic disorder, so entitled to discharge when it is not met; definition of treatment is wide and can include treatment only for symptoms rather than underlying disorder, e.g. anger management. (2) Decision not to discharge not irrational. 2006-04-151998 cases, Absolute or conditional discharge, Detailed summary, Scottish cases, Transcript, Treatability test and psychopathic disorder