• Mental disorder
• Organic or non-organic
• Including personality disorder
• Of a nature or degree
  
• i.e. Even if no current symptoms, the nature of a patient's past illness can be sufficient
  
• Making it appropriate
  
• Doctor-focussed
• That they be under hospital detention for treatment
• On the basis of their health, safety or the protection of others
• Protection on others should be a separate act
• Appropriate medical treatment should be available
• Defined extremely broadly (education, rehab..)
• Only the purpose need be to treat - i.e. Doesn't need to be likely to help, or even reasonable
  
• For the disorder, its symptoms or its manifestations
• What does this mean in personality disorders?

Antisocial PD problem

• Retained capacity, but essentially untreatable
• So MHA had to be defined widely enough to allow for their detention (if dangerous)
• => Huge discretion for clinicians
  

• Not really a diagnosis at all
• Introduced in 2001 to allow detention of bad 'ns
• Michael Stone: Murder of Lin and Megan Russell in 1998

Personality disorders (DSM-IV)

• Section 3 = Section 37 (which is from courts)
• Professor George Szmukler - No need for MHA, can use MCA
• Mental disorder = "Impairment or disturbance in functioning of mind or brain resulting from a disability or disorder of mind or brain"
• MAPPA / MARAC for dangerous folk