Abstract
The British government has proposed a new 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.
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