SCHEDULES

C1SCHEDULE 16Breach or amendment of suspended sentence order, and effect of further conviction

Annotations:
Modifications etc. (not altering text)
C1

Sch. 16 applied (with modifications) by 2006 c. 52, s. 200, Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 paras. 19, 26 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

PART 3Amendment of order

Amendment of treatment requirement on report of practitioner

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1

This paragraph applies where the suspended sentence order contains a treatment requirement under which the offender is being treated and the treatment practitioner—

a

is of the opinion that—

i

the treatment of the offender should be continued beyond the period specified in that behalf in the order,

ii

the offender needs different treatment,

iii

the offender is not susceptible to treatment, or

iv

the offender does not require further treatment, or

b

is for any reason unwilling to continue to treat or direct the treatment of the offender.

2

The treatment practitioner must make a report in writing to that effect to the responsible officer.

3

The responsible officer must cause an application to be made under paragraph 25 to the appropriate court for the requirement to be replaced or cancelled.

4

For the purposes of this paragraph—

a

treatment requirement” means—

i

a mental health treatment requirement,

ii

a drug rehabilitation requirement, or

iii

an alcohol treatment requirement;

b

the treatment practitioner is—

i

the person specified in the order as the person by whom, or under whose direction, the offender is being treated in pursuance of the requirement, or

ii

in the case of a mental health treatment requirement, if no such person is specified, the person by whom, or under whose direction, the offender is being treated in pursuance of the requirement.