C1Part 7Trial by Court Martial
Chapter 4Findings of Unfitness to Stand Trial and Insanity
I1I2170Service supervision orders
1
In section 169 and this section a “service supervision order” means an order which requires the person in respect of whom it is made (“the supervised person”) to be under the supervision of a person specified in the order (“the supervising officer”) for a period specified in the order.
2
The period specified in the order must not exceed the maximum period for the time being specified in paragraph 1(1) of Schedule 1A to the Criminal Procedure (Insanity) Act 1964 (c. 84) (maximum period of civilian supervision order).
3
The court may not make a service supervision order under section 169(2)(b) unless it is satisfied—
a
that, having regard to all the circumstances of the case, the making of a service supervision order is the most suitable way of dealing with the defendant;
b
that the supervising officer intended to be specified in the order is willing to undertake the supervision; and
c
that arrangements have been made for any treatment which (under subsection (4)) is intended to be specified in the order.
4
An order under section 169(2)(b) may, in accordance with regulations under subsection (5), require the supervised person to submit, during the whole of the period specified in the order or such part of it as may be so specified, to treatment by or under the direction of a registered medical practitioner.
5
The Secretary of State may by regulations make further provision in relation to service supervision orders, including in particular provision—
a
as to the procedure to be followed by a court making a service supervision order;
b
as to the descriptions of supervising officer who may be specified in such an order;
c
for treatment to be provided, in accordance with arrangements made by the medical practitioner by whom or under whose direction the supervised person is being treated, at a place other than a place specified in the order;
d
authorising a court to include in a service supervision order requirements corresponding to any requirements that Schedule 1A to the Criminal Procedure (Insanity) Act 1964 (c. 84) for the time being allows to be included in supervision orders under that Act;
e
imposing on the supervised person obligations corresponding to any for the time being imposed by that Schedule;
f
for the amendment and revocation of a service supervision order.
Pt. 7 modified (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(1)