People with intellectual disability may be subject to unfitness to plead proceedings in court due to the nature of their disability. In addition, people withintellectual disability in England and Wales are also subject to legislation such as the Mental Capacity Act 2005 and the Mental Health Act 1983 (as amended in 2007). This chapter explores issues with current fitness to practise proceedings for people with intellectual disability in relation to the Mental Capacity Act and the Mental Health Act, including the use of Sections 35 and 36.

This chapter provides an overview of the legislative frameworks that are relevant to the management of violence by persons with mental disorders in the United Kingdom. Three jurisdictions apply (England and Wales, Scotland and Northern Ireland). Individual frameworks and their variants are not discussed in detail; rather, substantial differences relevant to the management of violence are highlighted. Core principles guiding routine medical practice of ‘consent’ and ‘do no harm’ remain relevant in the management of violence, and legislation provides a framework when coercion may be necessary to manage an acute violent act, the immediate risk of further violence or the longer-term risk of violence. Pertinent legislation is discussed, including the Human Rights Act 1998, and mental health and mental capacity acts. Deprivation of Liberty Safeguards (DoLS), which are soon to be replaced by the Liberty Protection Safeguard Scheme (LPS), community treatment orders (CTOs) and review of the Mental Health Act are also discussed.