Can any of you learned folks out there clarify whether detention under section 3 of eh mental health act includes Paedophiles? or not. I loked but can't quite make sense of it.
see excerpt below.
Section 3 is similar to section 2, only the detention is for treatment and may be for a duration of up to 6 months, although this can be extended.
patient suffers from a mental disorder
he Mental Health Act 2007 has change the definition of Mental Disorders covered by the Mental Health Act
now defined as "any disorder or disability of the mind"
simplified definition now applies to all sections of the Act
four forms of mental disorder (mental illness, mental impairment, severe mental impairment and psychopathic disorder) have disappeared
potentially means some people previously excluded are now included e.g. there may be some people with an acquired brain injury who were not covered by the term "mental impairment or severe mental impairment" who could now benefit from the protections of the Act
there are two exemptions specifically referred to:
a person with learning disability may be only detained if that disability is associated with abnormally aggressive or seriously irresponsible conduct. This does not, of course, preclude the use of compulsion for people who have another form of mental disorder (such as a mental illness) in addition to their learning disability
applies to all those sections that relate to longer-term compulsory treatment or care for a mental disorder (in particular section 3, section 7 (Guardianship), section 17A (Supervised Community Treatment) and forensic sections under Part 3 of the Act)
Dependence on alcohol or drugs
refers only to dependence and does not exclude the effects of substances, such as intoxication, psychosis and delirium
note that the previous exemptions for "promiscuity or other immoral act" have not been included in the amendments made by the 2007 Mental Health Act
means that persons diagnosed with paedophilia can be detained in hospital by virtue of that alone
it is necessary for the health or safety of the patient or for the protection of other persons, and such treatment cannot be provided unless they are detained under this Section.