Air Force Act 1955

F1 116D Supervision and treatment orders. E+W+S+N.I.

(1) In this Act “supervision and treatment order” means an order requiring the person in respect of whom it is made (“the supervised person”)—

(a) to be under the supervision of a person (“the supervising officer”) specified in the order for a period specified in the order of not more than two years;

(b) to submit, during the whole of that period or such part of it as may be specified in the order, to treatment by or under the direction of a registered medical practitioner at a place specified in the order with a view to the improvement of his mental condition; and

(c) to comply with such other requirements as may be specified in the order.

(2) The Secretary of State may by order direct that subsection (1)(a) above shall be amended by substituting, for the period for the time being specified in that paragraph such other period as may be specified in the order.

(3) A court-martial shall not make a supervision and treatment order unless it is satisfied—

(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;

(b) on the written or oral evidence of two or more registered medical practitioners, at least one of whom is duly approved, that the mental condition of the accused—

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

(ii) is not such as to warrant the making of an admission order or a guardianship order.

(4) 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 where he is to be required to submit to treatment as a resident patient).

(5) The Secretary of State may by regulations make further provision in relation to supervision and treatment orders.

(6) Regulations under subsection (5) above may in particular make provision—

(a) as to the procedure to be followed by a court-martial making a supervision and treatment order;

(b) as to the requirements which may be specified in such an order;

(c) as to the descriptions of supervising officer who may be so specified;

(d) for treatment to be provided at a place other than the place specified in the order in accordance with arrangements made by the medical practitioner by whom or under whose direction the supervised person is being treated;

(e) for the amendment and revocation of any supervision and treatment order.

Annotations:

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Amendments (Textual)

F1 Ss. 115A, 115B, 116-116E substituted for s. 116 (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2 para. 1