The Mental Health Act and Professional Hostage Taking

Abstract

Compulsory detention of psychiatric patients is seen as a necessary response to a perceived threat, against themselves or against others, and such detention is rationalized as humane, compassionate and benevolent. However, seen from the recipient's perspective such detention and enforced treatment may be viewed as malevolent.

This paper is concerned with examining the role of compulsory detention of the mentally abnormal offender in respect of the 1983 Mental Health Act by analysis of the resultant ideas which underpin it. First, in terms of its role as a sanction against transgressors of a particular value system, who are spotlighted by the increased ‘surveillance’ in our society, Second, the issues of treatability and consent are discussed in relation to the neo-legalism that permeates our social world. In addition, the role of the 1983 Mental Health Act as a means of social control will be examined using the notion of a covert political ‘policing* in the form of compulsory detention, resulting from the medico-legal confrontation of power bases which defines the patient as a ‘professional hostage’.

Quite clearly there is an overlap of themes which creates a difficulty in interpretation. However, with increasing legal facilities for detention and the increasing number of ‘conditions’ being drawn under the medical umbrella it is important to attempt to review the results of this legislation within those areas identified above and to understand how this may be interpreted for those held against their wishes.