• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Theories , Punishment and Law

Extracts from this document...


What is the Dangerous Severe Personality Disorder (DSPD) Programme? Dangerous Severe Personality Disorder is a term to describe a small group of people with a severe personality disorder who, because of their disorder pose a significant risk of serious harm to the public. The government introduced the term DSPD in a consultation paper 'Managing Dangerous People with Severe Personality Disorder' in 1999, which proposed how to detain and treat a small minority of mentally disordered offenders. The main objectives of the governments proposals are to ensure that dangerous people with DSPD are kept in detention for as long as they pose a high risk to others, "Public protection is the central aim of the programme,"1and to modernize the NHS by providing a high quality service to enable them to deal with the consequences of their disorder, reduce their risk to others and can work towards successful re-integration into the community. In England and Wales three are 2,400 people thought to have DSPD. The Home Office estimates that, 1,400 are already in prison; a further 400 are patients in high security psychiatric hospitals with between 300-600 in the community, about 98% of those with DSPD are believed to be men2. Studies suggest that hardly any women perhaps even none, meet the criteria3. The DSPD programme is piloted by the Home Office, Department of Health and the Prison Service. Although DSPD is not a medical diagnosis, people assessed for the programme will have committed a violent or sexual crime and been detained under the Criminal Justice system or current Mental Health Legislation. ...read more.


The case of Winterwarp v The Netherlands8 developed criteria for avoiding arbitrariness and thus ensuring the lawfulness of the detention of persons of an unsound mind. Lawfulness under article 59 requires the detention must be necessary and proportionate. This case also declared that for the detention to be justified by Article 5.1 (e)10 the mental disorder must be established by an objective medical opinion; it must also be to the extent that requires compulsory confinement, and continued detention will only be valid if the mental disorder persists. 'Nevertheless, the judgment falls short of suggesting that the treatment is an important feature of the detention of these kinds of mental patients'11. Other essential characteristics of art 5 protection which apply to those with severe personality disorders, prisoners and mental patients is that there should be regular review, by a judicial body, of any period of indetrement detention to establish weather, it is still necessary and proportionate;(Thynne Gunnell and Wilson v UK12) also the conditions of the detention must be appropriate to its purpose. The ECtHR13 has never considered a well thought out argument on the detention of those with personality disorders where this is not based on proven recidivism. Objective medical opinion will normally entail a confirmed pattern of prior conduct; and if this does not exist it will make it much more difficult, if not impossible, to reach the threshold test for justifying deprivation of liberty. It is important that mental health tribunals review conditions; of patients compulsorily detained to ensure continuing detention is justified. ...read more.


In all the above cases the court held there cases did not amount to 'inhumane' and 'degrading' treatment. Another possible contravention under article 328 is 'forced treatment' i.e. stomach washout for overdose, forced feeding for anorexia etc. In Herczegtalvy v Austria29, the patient collapsed after a hunger strike in prison, he was forced fed, received neuroleptics against his will, was isolated and handcuffed to a security bed Originally it was considered the way he was treated constituted inhuman and degrading treatment which contribute to the worsening of the patients condition. However the court implied that the medical necessity existed and ruled article 3 was not infringement. The crucial element for it to be a breach is whether the treatment was justified by medical necessity. 1 Thursday, 6 May, 2004 www.bbc.co.uk 2 http://society.guardian.co.uk/mentalhealth/story/0,8150,684845,00.html 3 http://Communitycare.co.uk/Article.html. 4 http://www.dspdprogramme.gov.uk 5 Guardian, John Carvel and Lucy ward Wednesday June 26 2002 6 http://www.critpsynet.freeuk.com/DSPDFinal.htm 7 http://www.justice.org.uk/images/pdfs/4managi.pdf 8 24th October [1979] 2 EHHR 387 9 Human Rights Act 1999 10 Human Rights Act 1999 11 http://www.justice.org.uk/images/pdfs/4managi.pdf 12 25 October (1990) 13 European Court of Human Rights 14 [1997] EHRLR CD 196 15 ECHR Report of judgment and decisions [1998] EHRLR 777 16 Jamie Wilson Wednesday 24th April 2002, The Guardian 17 Human Rights Act 1999 18 [1990] 17 EHRR 30 19 Human Rights Act 1999 20 [1997] EHRLR 436 21 Mental Health Act 1983 22 Human Rights Act 1999 23 1983 24 http://bmj.bmjjournals.com/cgi/content/full/322/7290/848 25 1983 26 [1980] 3 EHRR 27 [2003] EWCA Civ 1036, ICLR, Law Commission Journal 28 Human Rights Act 1999 29 [1993] 15 EHHR 437 ?? ?? ?? ?? L0250365 LW2051 Theories of Punishment and Sentencing 1 ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree Law of Evidence section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree Law of Evidence essays

  1. A critical review on Foakes v Beer: Reform of common law at the expense ...

    In paying part of the debt the promisee is doing no more than performing an existing contractual duty owed to the promisor. In this case, the rule of Pinnell's Case was nevertheless affirmed. It can be argued, that the principles from Foakes v Beer and Pinnel's Case, part payment may

  2. The common law rule against hearsay evidence had a deserved reputation for being technical ...

    This prevented the court from exploring deeper into the strength or reliability of the particular evidence.[28] (ii) Public Information Under common law, Sturla v Freccia[29] provided that one of the conditions for the admissibility of public documents as hearsay evidence is that it must have been made by a public

  1. It is time the rule against hearsay evidence in criminal proceedings was abolished and ...

    Although, one can also see the point of Lord bridge in Blastland. A jury not legally trained may not be able to distinguish evidence as being primary or secondary. Though it would perhaps not be completely unreasonable to expect a trial judge to give them advice on such matters.

  2. Burden of Proof. The courts constantly battle with the simple question of: in what ...

    Such analysis tends to produce distinctions that are essentially contradicting, and distinctions between offences that are hard to fit with some of the relevant factors that were mentioned a little higher earlier. It generates inconsistency between statutory and common law defences (s101 of the Magistrates Court Act (1980).

  1. The impact of HRA 1998 on burden of proof and confession

    to convict the defendant "where the jury believed he might well be innocent but have not been persuaded that he probably did not know the nature of what he possessed."20 However, Lord Hutton considered that the social threat posed by drugs was sufficiently grave to justify the imposition of a persuasive burden21.

  2. The impact of HRA on burden of proof and bad character

    This may not appear to be a significant difference at first glance, but the strict burden of proof has now been replaced by a simpler need to adduce supporting evidence. However, despite the powerful tool provided by s.3, the majority of the House of Lords in R v Lambert13 have brought about the notion of proportionality.

  1. Various issues regarding the law of evidence (Based on a fictional case) ...

    In the words of Justice Garland "there is literally nowhere to go". These cases show that only special reasons such as publishing materiel that some people will not question such as the importance of a persons alleged sexual behaviour or the extreme hate that the Birmingham 6 case generated will

  2. Impact of Art 6(2) of the European Convention on Human Rights on the ...

    its pronouncements of the European Convention on Human Rights, including those in Salabiaku v France[26], it is submitted that the imposition of reverse legal burdens of its prima facie incompatible with Art6 of the Convention, and must be scrutinized with great care in light of the principle of proportionality.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work