A clinician must establish that treatment will alleviate or prevent deterio
ration in a patient with psychopathic disorder to satisfy the legal conditi
ons in the 1983 Mental Health Act. A researcher prospectively studied a con
secutive series of psychopathically disordered patients referred to a Speci
al Hospital over 1 calendar year (i.e. from February 1994 to January 1995)
to determine how this test of treatability was applied. Of the 48 cases stu
died, 21 (44%) were deemed untreatable. The following factors were associat
ed with untreatability: a referral from prison (rather than hospital); prev
ious poor compliance with and response to treatment; an offence in which th
e victim was unknown to the patient; and low levels of motivation for treat
ment. Demographic, criminological and diagnostic factors showed no signific
ant association with apparent treatability. This study suggests that clinic
ians are using a pragmatic approach to the treatability test relatively uni
nfluenced by demographic, criminological and diagnostic data. Despite motiv
ation appearing to be important in the assessment of treatability, this was
not often used explicitly by clinicians when assessing treatability.