Criminal Procedure (Insanity and Unfitness to Plead) Act 1991

Obligatory requirements as to medical treatment E+W

4 (1) A supervision and treatment order shall include a requirement that the supervised person shall submit, during the whole of the period specified in the order or during such part of that period as may be so specified, to treatment by or under the direction of a registered medical practitioner with a view to the improvement of his mental condition. E+W

(2) The treatment required by any such order shall be such one of the following kinds of treatment as may be specified in the order, that is to say—

(a) treatment as a resident patient in a [F1 independent hospital or care home within the meaning of the Care Standards Act 2000 or in a hospital], not being a [F2 hospital at which high security psychiatric services within the meaning of the National Health Service Act 1977 are provided];

(b) treatment as a non-resident patient at such institution or place as may be specified in the order; and

(c) treatment by or under the direction of such registered medical practitioner as may be so specified;

but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a), (b) or (c) above.

(3) While the supervised person is under treatmen t as a resident patient in pursuance of a requirement of a supervision and treatment order, the supervising officer shall carry out the supervision to such extent only as may be necessary for the purpose of the revocation or amendment of the order.

(4) Where the medical practitioner by whom or under whose direction the supervised person is being treated for his mental condition in pursuance of a supervision and treatment order is of the opinion that part of the treatment can be better or more conveniently given in or at an institution or place which—

(a) is not specified in the order; and

(b) is one in or at which the treatment of the supervised person will be given by or under the direction of a registered medical practitioner,

he may, with the consent of the supervised person, make arrangements for him to be treated accordingly.

(5) Such arrangements as are mentioned in sub-paragraph (4) above may provide for the supervised person to receive part of his treatment as a resident patient in an institution or place notwithstanding that the institution or place is not one which could have been specified for that purpose in the supervision and treatment order.

(6) Where any such arrangements as are mentioned in sub-paragraph (4) above are made for the treatment of a supervised person—

(a) the medical practitioner by whom the arrangements are made shall give notice in writing to the supervising officer, specifying the institution or place in or at which the treatment is to be carried out; and

(b) the treatment provided for by the arrangements shall be deemed to be treatment to which he is required to submit in pursuance of the supervision and treatment order.

Annotations:

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Amendments (Textual)

F1 Words in Sch. 2 para. 4(2)(a) substituted (1.4.2002) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 16; S.I. 2001/4150, art. 3(3)(a) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, art. 3(2)(3)(d)(subject to transitional provisions in art. 3(4)-(10), Schs. 1-3)

F2 Words in Sch. 2 para. 4(2)(a) substituted (1.4.2000) by S.I. 2000/90, arts. 1, 3(2), Sch. 2 para. 6 Pt. I (with art. 2(5))

Commencement Information

I1 Sch. 2 para. 4 wholly in force at 1.1.1992 see s. 9(2) and S.I. 1991/2488, art. 2.