Part IIIMiscellaneous and supplemental

Community sentences

38Abolition of certain consent etc. requirements

(1)

In subsection (6) of section 12A of the 1969 Act (young offenders), for paragraph (c) there shall be substituted the following paragraph—

“(c)

if the supervised person is under the age of sixteen, it has obtained and considered information about his family circumstances and the likely effect of the requirements on those circumstances.”

(2)

The following provisions shall cease to have effect, namely—

(a)

in subsection (3) of section 2 of the 1973 Act (probation orders), the words from “and the court” to the end;

(b)

in subsection (2) of section 14 of that Act (community service orders), the words “the offender consents and”; and

(c)

in subsection (5) of section 12 of the 1991 Act (curfew orders), the words from “and the court” to the end.

(3)

For sub-paragraph (4) of paragraph 5 of Schedule 1A to the 1973 Act (requirements as to treatment for mental condition etc) there shall be substituted the following sub-paragraph—

“(4)

A court shall not by virtue of this paragraph include in a probation order a requirement that the offender shall submit to treatment for his mental condition unless—

(a)

it is satisfied that arrangements have been made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident patient); and

(b)

the offender has expressed his willingness to comply with such a requirement.”

(4)

For sub-paragraph (4) of paragraph 6 of that Schedule (requirements as to treatment for drug or alcohol dependency) there shall be substituted the following sub-paragraph—

“(4)

A court shall not by virtue of this paragraph include in a probation order a requirement that the offender shall submit to treatment for his dependency on drugs or alcohol unless—

(a)

it is satisfied that arrangements have been made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident patient); and

(b)

the offender has expressed his willingness to comply with such a requirement.”