Mental Health Bill [HL]

The key question is whether the person has a mental disorder and how the criteria for that mental disorder are defined. The fact that that person has what we would regard as a sexual deviancy does not mean that they have a mental disorder. It is important to remember that the criteria for detention include whether it would be appropriate for them to be treated in hospital. A clinician would decide that. If that person should be treated in hospital, clearly the clinician believes that that person has a mental disorder. If they do not believe that that is the case, they will not ask for him or her to be treated in hospital. If the noble Lord would like me to clarify those points in writing, I shall certainly do so and place a copy in the Library.