NCJ Number
111549
Journal
British Journal of Criminology Volume: 28 Issue: 1 Dated: (Winter 1988) Pages: 67-81
Date Published
1988
Length
15 pages
Annotation
This article reviews the proposals to put forward the powers of the courts to order compulsory admission to the hospital of mentally disordered offenders.
Abstract
This effort was initiated by a joint Department of Health and Special Security Home Office consultation document to amend Section 37 of the Mental Health Act of 1983. The consultation document proposed altering the courts' powers in the cases of those suffering specifically from psychopathic disorders. If adopted, the recommendations would have had consequences not only for the courts' sentencing options, but also for the bases on which such offenders would be treated and released from confinement. Following widespread comments, the proposals for amendment were dropped. Some of the arguments which led to their ultimate rejection were: the proposed risk to the public and the issue of confusing therapy with punishment. There is a need for more information about the nature and size of this problem. Also, it is advisable that decisions about the allocation of offenders under the existing arrangements between therapeutic and custodial disposals should be assessed and improved through a more effective use of interim hospital orders. 13 references. (Author abstract modified)