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The impact of mental capacity legislation on the assessment of people with learning disabilities: a practical note
- Authors:
- CRAIG Leam A., NAGI Claire, HUTCHINSON Roger B.
- Journal article citation:
- British Journal of Forensic Practice, 9(4), December 2007, pp.12-18.
- Publisher:
- Emerald
While new mental capacity legislation is designed to protect people who lack the mental capacity to made decisions, it is not clear how this legislation applies in criminal cases where the capacity to consent to sexual relations has been questioned. This paper aims to consider key aspects of mental capacity legislation and apply it to a case example. The definitions and assessment procedures involved in assessing 'mental capacity' are considered, and practice guidance for mental health professionals working in this field is offered.