Abstract
In its recent decision in R. v Canons Park Mental Health Review Tribunal, ex parte A [1994], the Court of Appeal addressed the meaning of the treatability test and its application in the context of Part V of the Mental Health Act 1983 to patients detained under the legal category of ‘psychopathic disorder’. This article considers the decision and that of the Divisional Court, which it reversed, together with its legal and clinical implications.