Assessing the viability of treatment rights for prisoners with personality disorder: Substance or substantive?

Abstract

Personality disorder (PD) has long been criticized as a diagnosis, not least for the issue of its supposed untreatability. This has precluded many offenders with PD from receiving treatment for their disorder in a secure hospital, with detention in the potentially deleterious penal environment the result. However, transfers for public protection continue to occur. A further problematic issue for treatment considerations when diversion from prison hangs in the balance is the removal of the need for proposed treatment to provide a therapeutic benefi t under the recently amended Mental Health Act 1983. In light of these developments, this paper considers the signifi cance of human rights instruments, such as the European Prison Rules 2006, which aim to offer rights to treatment, giving the offender with a diagnosis of PD access to adequate and sustaining treatment, both in prison and secure hospitals.