History of Mental Disorder

In fact M never stayed for the magistrate's inquiry. Perceiving that the law would be of little use, and fearing the next installment of shock treatment, she went A.W.O.L. Had she stayed, she probably would have been committed, because she had what would be called a "history of mental disorder".

Presumably this is what caused the Lower Hutt police to use S19 rather than charge her with assault. They don't send everyone to Porirua. But too many victims of our society come to acquire characteristics of so-called "mental disorder".

M tried to commit suicide six years ago: "My boyfriend had beaten me up real bad - almost killed me -so I decided to finish it off". The suicide attempt is evidence of "mental disorder" in M, wheras in fact it was caused by the grave abuse of M by another person. She pays now, for a wrong done to her in the past.

Secondly, she tried to take her clothes off at the police station - evidence of mental disorder or just a slightly rebellious character in a strange situation?

Thirdly, there was a history of mental disorder in the family" - yet the incidence of mental illness is far higher in lower class families like M's compared with the middle class families of most university students.

The police's decision to use S19 is based on evidence of what is called "mental disorder" but which is more like evidence of social deprivation and victimage. The immediate result of the decision is, the person is denied almost all procedural legal rights: M was channeled into a medical world where legal rights scarcely exist. The end result is detention for an unspecified period against the person's will.

A criminal offence - a criminal punishment - but no due process of law connecting the two. The Mental Health Act. 1969 is an enormous exception to the "rule of law".