Dangerous People with Severe Personality Disorder Bill

House of Commons

Session 1999-2000
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Dangerous People with Severe Personality Disorder Bill

A
B I L L
TO
Amend the law with respect to the assessment and detention of dangerous people with severe personality disorder.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

DSPD Orders.     1. Where a person has been referred by a court for assessment in accordance with the provisions of sections 2 and 3 below and has been assessed-

(a) as suffering from a severe personality disorder, and

(b) as presenting a danger to the public as a result of the disorder

the court may make that person subject to a Dangerous Severe Personality Disorder Order (a "DSPD Order").

Referral for assessment.     2. - (1) A person who is being tried on indictment for a violent or sexual offence may be referred by a crown court for assessment for a DSPD Order-

(a) on application by the prosecution, or

(b) on application by the defendant, or

(c) on the court's own authority.

    (2) A person who is subject to the notification requirements of the Sex Offenders Act 1997 may be referred by a crown court for assessment for a DSPD Order on application by-

(a) a Chief Constable of Police, or

(b) an authorised officer of a local authority.

    (3) A person may be referred by a county court for assessment for a DSPD Order on application from an authorised officer of a local authority, where the behaviour of that person has given reasonable grounds to believe that he may fulfil the conditions set out in section 1 above.

Assessment.     3. - (1) An assessment for a DSPD Order shall be carried out by the DSPD Assessment Panel ("the Panel").

    (2) The Panel may act through sub-panels appointed in respect of different areas.

    (3) Regulations shall specify-

(a) the number and qualifications of persons who shall comprise the Panel and sub-panels and their means of appointment;

(b) the powers to be held by the Panel to enable it to obtain the information required to make an assessment;

(c) the procedures governing the rights to representation before the Panel of the person being assessed;

(d) the persons who may act as an authorised officer of a local authority for the purpose of sections 2 and 5; and

(e) any other provisions necessary for the effective discharge by the Panel of its functions under sections 2 and 5.

    (4) Regulations under subsection (3)-

(a) shall be made-

(i) by the Secretary of State, in relation to England;

(ii) by the National Assembly for Wales, in relation to Wales;

and

(b) may provide for the compulsory detention of the person being assessed for all or part of the period of assessment.

Detention under a DSPD Order.     4. - (1) A person made subject to a DSPD Order shall be detained in facilities which shall provide-

(a) a reasonable level of security for the public from the person detained; and

(b) services for the management and treatment of the person's disorder (though for the avoidance of doubt it is hereby declared that it is not a condition for the imposition of a DSPD Order that such treatment is likely to alleviate or prevent a deterioration in the person's condition).

    (2) Such facilities shall be operated under the terms of regulations to be made-

(a) in relation to facilities in England, by the Secretary of State;

(b) in relation to facilities in Wales, by the National Assembly for Wales.

© Parliamentary copyright 2000
Prepared 15 March 2000

Dangerous People with Severe Personality Disorder Bill

	A B I L L TO Amend the law with respect to the assessment and detention of dangerous people with severe personality disorder. BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
DSPD Orders.	1. Where a person has been referred by a court for assessment in accordance with the provisions of sections 2 and 3 below and has been assessed-
	(a) as suffering from a severe personality disorder, and
	(b) as presenting a danger to the public as a result of the disorder
	the court may make that person subject to a Dangerous Severe Personality Disorder Order (a "DSPD Order").
Referral for assessment.	2. - (1) A person who is being tried on indictment for a violent or sexual offence may be referred by a crown court for assessment for a DSPD Order-
	(a) on application by the prosecution, or
	(b) on application by the defendant, or
	(c) on the court's own authority.
	(2) A person who is subject to the notification requirements of the Sex Offenders Act 1997 may be referred by a crown court for assessment for a DSPD Order on application by-
	(a) a Chief Constable of Police, or
	(b) an authorised officer of a local authority.
	(3) A person may be referred by a county court for assessment for a DSPD Order on application from an authorised officer of a local authority, where the behaviour of that person has given reasonable grounds to believe that he may fulfil the conditions set out in section 1 above.
Assessment.	3. - (1) An assessment for a DSPD Order shall be carried out by the DSPD Assessment Panel ("the Panel").
	(2) The Panel may act through sub-panels appointed in respect of different areas.
	(3) Regulations shall specify-
	(a) the number and qualifications of persons who shall comprise the Panel and sub-panels and their means of appointment;
	(b) the powers to be held by the Panel to enable it to obtain the information required to make an assessment;
	(c) the procedures governing the rights to representation before the Panel of the person being assessed;
	(d) the persons who may act as an authorised officer of a local authority for the purpose of sections 2 and 5; and
	(e) any other provisions necessary for the effective discharge by the Panel of its functions under sections 2 and 5.
	(4) Regulations under subsection (3)-
	(a) shall be made-
	(i) by the Secretary of State, in relation to England;
	(ii) by the National Assembly for Wales, in relation to Wales;
	and
	(b) may provide for the compulsory detention of the person being assessed for all or part of the period of assessment.
Detention under a DSPD Order.	4. - (1) A person made subject to a DSPD Order shall be detained in facilities which shall provide-
	(a) a reasonable level of security for the public from the person detained; and
	(b) services for the management and treatment of the person's disorder (though for the avoidance of doubt it is hereby declared that it is not a condition for the imposition of a DSPD Order that such treatment is likely to alleviate or prevent a deterioration in the person's condition).
	(2) Such facilities shall be operated under the terms of regulations to be made-
	(a) in relation to facilities in England, by the Secretary of State;
	(b) in relation to facilities in Wales, by the National Assembly for Wales.