Dangerousness. the neglected gaoler: Disorder and risk under the mental health act 1983

Abstract

Part III Mental Health Act 1983 establishes a management system for restricted patients which takes account of their medical needs but gives priority to public protection in decision-making. The same double concern is maintained in the powers given to mental health review tribunals in Part V of the Act. This article shows that the cost of doing so is that patients who have been found not to be mentally disordered within the meaning of the Act are subjected to its provisions, including the possibility of further indefinite detention in hospital. This is done in the name of dangerousness, a concept which has little legal substance.