We recognise the risk that permitting detention on the basis of autism or learning disabilities under Part 3 of the MHA whilst prohibiting it under Part 2 amounts to a difference in treatment falling under the prohibition on discrimination in Article 14 ECHR. Nevertheless, we share the views expressed to the Committee that, currently, given the alternative for these patients is likely to be detention in prison, this difference in treatment 54 appears justified. This is not, however, an adequate long–term solution. Once again, greater support to autistic people or learning disabilities in the community is needed to divert them away from the criminal justice system. (Conclusion, Paragraph 70) Interface between the Mental Health Act and the Mental Capacity Act