Some exclusions to definition of mental disorder have been removed

Revision as of 14:28, 11 September 2008 by Jonathan (talk | contribs) (New page: 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 ...)
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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.)