http://www.legislation.gov.uk/ukpga/1995/46/section/227TCriminal Procedure (Scotland) Act 1995 An Act to consolidate certain enactments relating to criminal procedure in Scotland.1995-11-08texttext/xmlenStatute Law Database2026-10-28Expert Participation2026-10-15 PART XI Sentencing<Emphasis><Addition ChangeId="d29p40115" CommentaryRef="c20919581">Mental health treatment requirement</Addition></Emphasis><Addition ChangeId="d29p40115" CommentaryRef="c20919581">Power to change treatment</Addition>227T1This section applies where—aa mental health treatment requirement has been imposed on an offender, andbthe registered medical practitioner or registered psychologist by whom or under whose direction the offender is receiving the treatment to which the offender is required to submit in pursuance of the requirement is of the opinion mentioned in subsection (2).2That opinion is—athat the offender requires, or that it would be appropriate for the offender to receive, a different kind of treatment (whether in whole or in part) from that which the offender has been receiving, orbthat the treatment (whether in whole or in part) can be more appropriately given in or at a different hospital or other institution or place from that where the offender has been receiving treatment.3The practitioner or, as the case may be, psychologist may make arrangements for the offender to be treated accordingly.4Subject to subsection (5), the treatment provided under the arrangements must be of a kind which could have been specified in the mental health treatment requirement.5The arrangements may provide for the offender to receive treatment (in whole or in part) as a resident patient in an institution or place even though it is one that could not have been specified for that purpose in the mental health treatment requirement.6Arrangements may be made under subsection (3) only if—athe offender and the responsible officer agree to the arrangements,bthe treatment will be given by or under the direction of a registered medical practitioner or registered psychologist who has agreed to accept the offender as a patient, andcwhere the treatment requires the offender to be a resident patient, the offender will be received as such.7Where arrangements are made under subsection (3)—athe responsible officer must notify the court of the arrangements, andbthe treatment provided under the arrangements is to be taken to be treatment to which the offender is required to submit under the mental health treatment 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))