... over the application of the criterion and also confusion over how the person would be considered to be 'dangerous.' Furthermore, Price states that; ' a clear dichotomy should be created between parens patriae (detentions in the best interests of the individual him or herself) and police power (detentions for the protection of others) commitments.'2 The main provisions of the MHA 1983 regarding civil confinement are contained in sections 2 and 3.3 Section 2 of the MHA 1983 allows for 'assessment' of a patient with any mental disorder who ought to be detained in the interests of his own health and safety or for the protection of others for 28 days, which are non-renewable. Section 3 allows for 'treatment' of a patient who is suffering from one of the specific categories of disorder,4 which is deemed 'necessary' for the patient's health or safety or for the protection of others. The process of civil ...

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