The Mental Health (Northern Ireland) Order 1986 No. 595 (NI. 4)

SCHEDULES

[F1 SCHEDULE 2A N.I. SUPERVISION AND TREATMENT ORDERS

F1 1996 NI 24

PART II N.I. MAKING AND EFFECT OF ORDERS

Circumstances in which orders may be made N.I.

2.— (1) The court shall not make a supervision and treatment order unless it is satisfied— N.I.

(a) that, having regard to all the circumstances of the case, the making of such an order is the most suitable means of dealing with the accused or appellant; and

(b) on the oral evidence of a medical practitioner appointed for the purposes of Part II by [F2 RQIA] and on the written or oral evidence of one other medical practitioner, that the mental condition of the accused or appellant—

(i) is such as requires and may be susceptible to treatment; but

(ii) is not such as to warrant the making of an order under Article 50A(2)(a), or the making of a guardianship order.

(2) The court shall not make a supervision and treatment order unless it is also satisfied—

(a) that the supervising officer intended to be specified in the order is willing to undertake the supervision; and

(b) that arrangements have been made for the treatment intended to be specified in the order (including arrangements for the reception of the accused or appellant where he is to be required to submit to treatment as a resident patient).]

F2 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 8(1) (subject to Sch. 6 para. 8(2)-(4)); S.R. 2009/114, art. 2