12Power to include requirements in supervision orders
(1)A supervision order may require the supervised person to reside with an individual named in the order who agrees to the requirement, but a requirement imposed by a supervision order in pursuance of this subsection shall be subject to any such requirement of the order as is authorised by the following provisions of this section.
(2)Subject to section 19(6) of this Act, a supervision order may require the supervised person to comply with such directions of the supervisor as are mentioned in paragraph (a) or (b) or paragraphs (a) and (b) of this subsection, that is to say—
(a)directions requiring the supervised person to live for a single period specified in the directions at a place so specified;
(b)directions given from time to time requiring him to do all or any of the following things—
(i)to live at a place or places specified in the directions for a period or periods so specified,
(ii)to present himself to a person or persons specified in the directions at a place or places and on a day or days so specified,
(iii)to participate in activities specified in the directions on a day or days so specified ;
but it shall be for the supervisor to decide whether and to what extent he exercises any power to give directions conferred on him by virtue of the preceding provisions of this subsection and to decide the form of any directions; and a requirement imposed by a supervision order in pursuance of this subsection shall be subject to any such requirement of the order as is authorised by subsection (4) of this section.
(3)The periods specified in directions given by virtue of subsection (2) of this section in pursuance of a supervision order shall be in accordance with the following provisions, that is to say—
(a)the aggregate of the periods specified in directions given by virtue of paragraph (a) and paragraph (b) of that subsection shall not exceed ninety days ;
(b)the period specified in directions given by virtue of the said paragraph (a) shall not exceed ninety days and subject to paragraph (e) below shall not begin after the expiration of one year beginning with the date of the order or, if the directions are authorised solely by a variation of the order, with the date of the variation;
(c)the aggregate of the periods specified in directions given by virtue of the said paragraph (b) shall not exceed thirty days in the year beginning with the date aforesaid and thirty days in any year beginning with an anniversary of that date ;
(d)if the order provides that any of the preceding paragraphs of this subsection is to have effect in relation to the order as if for a reference to ninety days or thirty days there were substituted a reference to a shorter period specified in the order, the paragraph in question shall have effect accordingly ;
(e)for the purpose of calculating the period or periods in respect of which directions may be given in pursuance of the order—
(i)the supervisor shall be entitled to disregard any day in respect of which directions were previously given in pursuance of the order and on which the directions were not complied with;
(ii)a direction given in respect of one or more parts of a day shall be treated as given in respect of the whole of the day,
and if during the year mentioned in paragraph (b) of this subsection the supervised person is given such directions as are there mentioned specifying a period beginning in that year but does not begin to comply with the directions during that year, the supervisor shall be entitled to disregard so much of that paragraph as prevents that period from beginning after the expiration of that year.
(4)Where a court which proposes to make a supervision order is satisfied, on the evidence of a medical practitioner approved for the purposes of section 28 of the Mental Health Act 1959, that the mental condition of a supervised person is such as requires and may be susceptible to treatment but is not such as to warrant his detention in pursuance of a hospital order under Part V of that Act, the court may include in the supervision order a requirement that the supervised person shall, for a period specified in the order, submit to treatment of one of the following descriptions so specified, that is to say—
(a)treatment by or under the direction of a fully registered medical practitioner specified in the order ;
(b)treatment as a non-resident patient at a place specified in the order ; or
(c)treatment as a resident patient in a hospital or mental nursing home within the meaning of the said Act of 1959, but not a special hospital within the meaning of that Act.
(5)A requirement shall not be included in a supervision order in pursuance of the preceding subsection—
(a)in any case, unless the court is satisfied that arrangements have been or can be made for the treatment in question and, in the case of treatment as a resident patient, for the reception of the patient;
(b)in the case of an order made or to be made in respect of a person who has attained the age of fourteen, unless he consents to its inclusion ; and a requirement so included shall not in any case continue in force after the supervised person becomes eighteen.