Persons of unsound mind, dangerousness and the Human Rights Act 1998

The British government has proposed anew Mental Health Act, which Incorporates detention for 'dangerous severe personality disorder' (DSPD), but is nevertheless to be 'fully compatible' with the European Convention on the Human Rights Act. A very broad interpretation had indeed been given by the European Court to the key phrase 'persons of unsound mind', in the landmark case of Winterwerp. However, the importance of an individual's own interests as the basis for detention, rather than dangerousness, was emphasized in the less well-known case of Guzzardi. The government may need to redraft its proposals to meet the requirements of the Human Rights Act 1998.