Abnormally aggressive or seriously irresponsible conduct is only a consideration for learning disability (not personality disorder)

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From 3/11/08, the MHA 2007 amends the definition of mental disorder in s1 to "any disorder or disability of the mind". However, learning disability does not count for detention or treatment under the Act unless it is "associated with abnormally aggressive or seriously irresponsible conduct on his part". Learning disability covers what used to be the classifications of mental impairment and severe mental impairment.

There used to be a similar exclusion in the definition of psychopathic disorder, but this is no longer the case. This means that people with personality disorders who used not to be detainable under the Act (because their disorders did not result in "abnormally aggressive or seriously irresponsible conduct on the part of the person concerned") can now be detained.

Contents

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 2 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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