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Online forum | Latest topic on forum: Sec 72 (1) b ii MHA

Some exclusions to definition of mental disorder have been removed

From 3/11/08, s1 is amended by the MHA 2007. S1 used to state that:

Nothing in subsection (2) above shall be construed as implying that a person may be dealt with under this Act as suffering from mental disorder, or from any form of mental disorder described in this section, by reason only of promiscuity or other immoral conduct, sexual deviancy or dependence on alcohol or drugs.

The exceptions for promiscuity, immoral conduct and sexual deviancy no longer apply. The result of this, alongside the removal of the treatability test, is to make it easier to justify the detention of sex offenders in hospital. S1 now only states that:

Dependence on alcohol or drugs is not considered to be a disorder or disability of the mind for the purposes of subsection (2) above.

(In both cases, subsection (2) contains the definition of mental disorder.)

Related change

Mental disorder no longer split into separate classifications 3/11/08

Commencement

Date in forceCommencement orderMHA 2007 sectionMHA 1983 sections affected
3/11/08 Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008 3 s1

Summary of effect of amendments in Chapter 1 of Part 1

Table from Explanatory Notes, page 9.

Provision Currently applies to Will apply in future to Learning disability provision to apply in future "Treatability" test applies now Appropriate medical treatment test to apply in future
Civil Patients (Part 2 of the Act)
Admission for assessment for up to 28 days (section 2) Mental disorder Mental disorder No No No
Admission for treatment (s3) MI, MM, PD, SMM Mental disorder Yes Yes Yes
"Holding power" for patients already in hospital (s5) Mental disorder Mental disorder No No No
Guardianship (s7) MI, MM, PD, SMM Mental disorder Yes No No
Patients concerned in criminal proceedings (Part 3 of the Act)
Remand to hospital for report (s35) MI, MM, PD, SMM Mental disorder Yes No Yes
Remand to hospital for treatment (s36) MI, SMM Mental disorder Yes No Yes
Hospital order (s37) MI, MM, PD, SMM Mental disorder Yes Yes Yes
Hospital order without conviction (s37(3) and 51(5)) MI, SMM Mental disorder Yes No Yes
Interim hospital order (s38) MI, MM, PD, SMM Mental disorder Yes No Yes
Hospital and limitation directions (s45A) PD Mental disorder Yes Yes Yes
Transfer direction - sentenced prisoner (s47) MI, MM, PD, SMM Mental disorder Yes Yes Yes
Transfer direction - other (s48) MI, SMM Mental disorder Yes No Yes

Key: MI = mental illness, MM = mental impairment, PD = psychopathic disorder, SMM = severe mental impairment

See also

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