PART XI

Sentencing

Mental health treatment requirement

Mental health treatment requirement
227R
1
In this Act, a “mental health treatment requirement” is, in relation to an offender, a requirement that the offender must submit, during the specified period, to treatment by or under the direction of a registered medical practitioner or a registered psychologist (or both) with a view to improving the offender's mental condition.
2
The treatment to which an offender may be required to submit under a mental health treatment requirement is such of the kinds of treatment described in subsection (3) as is specified; but otherwise the nature of the treatment is not to be specified.
3
Those kinds of treatment are—
a
treatment as a resident patient in a hospital (other than a State hospital) within the meaning of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (“
the 2003 Act
”),
b
treatment as a non-resident patient at such institution or other place as may be specified, or
c
treatment by or under the direction of such registered medical practitioner or registered psychologist as may be specified.
4
A court may impose a mental health treatment requirement on an offender only if the court is satisfied—
a
on the written or oral evidence of an approved medical practitioner (within the meaning of the 2003 Act), that Condition A is met,
b
on the written or oral evidence of the registered medical practitioner or registered psychologist by whom or under whose direction the treatment is to be provided, that Condition B is met, and
c
that Condition C is met.
5
Condition A is that—
a
the offender suffers from a mental condition,
b
the condition requires, and may be susceptible to, treatment, and
c
the condition is not such as to warrant the offender's being subject to—
i
a compulsory treatment order under section 64 of the 2003 Act, or
ii
a compulsion order under section 57A of this Act.
6
Condition B is that the treatment proposed to be specified is appropriate for the offender.
7
Condition C is that arrangements have been made for the proposed treatment including, where the treatment is to be of the kind mentioned in subsection (3)(a), arrangements for the offender's reception in the hospital proposed to be specified in the requirement.
8
The specified period must not be longer than the period specified in the offender supervision requirement to be imposed at the same time as the mental health treatment requirement (by virtue of section 227G(2)(b)).
9
In this section, “
specified
”, in relation to a mental health treatment requirement, means specified in the requirement.
Ss. 227A-227ZN and cross-headings inserted (1.2.2011 except for the insertion of s. 227ZM, 1.4.2011 in so far as not already in force) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(1), 206(1); S.S.I. 2010/413, art. 2, sch. (with art. 3(1))