[July 20, 1999 The Toronto Sun] LONDON -- Britons considered a danger to society may be locked up indefinitely, even without having committed a crime, under proposals announced by the government yesterday.
The plans are designed to plug a loophole that the Labour government says has resulted in 300 to 600 people with severe and dangerous personality disorders living freely in society.
Under present laws, people thought to suffer from psychiatric problems can be detained only if their illness is considered treatable or if they are convicted of a crime.
Those with severe personality disorders often fall outside the "treatable" requirement, and people convicted of crimes can be released as soon as their sentences expire, regardless of whether officials believe they still pose a risk.
"We cannot have a situation where people known to be a danger, and who themselves might recognize that danger, are simply left at liberty," Home Secretary Jack Straw said. "That is plainly not meeting the civil rights of their victims or potential victims, neither is it meeting their civil rights."
The proposals consist of two options.
The first, and less controversial, would give the government greater discretion to use life sentences to detain people indefinitely in prison or a hospital after they have been convicted of a crime.
The second would involve creating a new indeterminate sentence for people judged to be a danger and a special institution to hold them -- even if they haven't been convicted of any crime.
Such individuals would be detained until no longer considered a threat. The proposals call for sentences to be regularly reviewed, with individuals allowed the option of appeal.
Some mental health groups welcomed the proposals, which come after a few high-profile murder cases involving people identified as suffering from personality disorders.
But other groups, including the National Association for the Care and Resettlement of Offenders, called the proposals an "excessive reaction" to public fears.
"A civilized society must think carefully before detaining people for what they might do rather than what they have done," said Paul Cavadino, the association's director of policy.
The proposals will go through a six-month review period before legislation is introduced in the House of Commons.
In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only.
[posted 7/27/99]
Contact Refuse
& Resist!
305 Madison Ave., Suite 1166, New York, NY 10165
Phone: 212-713-5657
email: info@refuseandresist.org