SCHEDULES

SCHEDULE 6 Requirements which may be included in supervision orders

Requirements as to treatment for mental condition

6

1

This paragraph applies where a court which proposes to make a supervision order is satisfied, on the evidence of a registered medical practitioner approved for the purposes of section 12 of the M1Mental Health Act 1983, that the mental condition of the offender—

a

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

b

is not such as to warrant the making of a hospital order or guardianship order within the meaning of that Act.

2

Where this paragraph applies, the court may include in the supervision order a requirement that the offender 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 as a resident patient in F1an independent hospital or care home within the meaning of the Care Standards Act 2000 or a hospital within the meaning of the M2Mental Health Act 1983, but not a hospital at which high security psychiatric services within the meaning of that Act are provided;

b

treatment as a non-resident patient at an institution or place specified in the order;

c

treatment by or under the direction of a registered medical practitioner specified in the order; or

d

treatment by or under the direction of a chartered psychologist specified in the order.

3

A requirement shall not be included in a supervision order by virtue of sub-paragraph (2) above—

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 aged 14 or over, unless he consents to its inclusion;

and a requirement so included shall not in any case continue in force after the offender attains the age of 18.

4

Subsections (2) and (3) of section 54 of the M3Mental Health Act 1983 shall have effect with respect to proof for the purposes of sub-paragraph (1) above of an offender’s mental condition as they have effect with respect to proof of an offender’s mental condition for the purposes of section 37(2)(a) of that Act.

5

In sub-paragraph (2) above “chartered psychologist” means a person for the time being listed in the British Psychological Society’s Register of Chartered Psychologists.