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SCHEDULES

SCHEDULE 12U.K.Breach or amendment of suspended sentence order, and effect of further conviction

Part 2 U.K.Breach of community requirement or conviction of further offence

Modifications etc. (not altering text)

C1Sch. 12 Pt. 2 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 206, 383, Sch. 7; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Restriction of powers in paragraph 8 where treatment requiredU.K.

10(1)An offender who is required by any of the following community requirements of a suspended sentence order—U.K.

(a)a mental health treatment requirement,

(b)a drug rehabilitation requirement, or

(c)an alcohol treatment requirement,

to submit to treatment for his mental condition, or his dependency on or propensity to misuse drugs or alcohol, is not to be treated for the purposes of paragraph 8(1)(a) as having failed to comply with that requirement on the ground only that he had refused to undergo any surgical, electrical or other treatment if, in the opinion of the court, his refusal was reasonable having regard to all the circumstances.

(2)A court may not under paragraph 8(2)(c)(i) amend a mental health treatment requirement, a drug rehabilitation requirement or an alcohol treatment requirement unless the offender expresses his willingness to comply with the requirement as amended.

Commencement Information

I1Sch. 12 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 34 (subject to art. 2(2), Sch. 2)