Sentencing Act 2020

Determination by home court of breach of community requirement: further provision U.K.

21 (1) Sub-paragraph (2) applies where an offender— U.K.

(a) is required by any of the following community requirements of a suspended sentence order to submit to treatment—

(i) a mental health treatment requirement,

(ii) a drug rehabilitation requirement, or

(iii) an alcohol treatment requirement, and

(b) has refused to undergo any surgical, electrical or other treatment.

(2) The offender is not to be treated for the purposes of paragraph 20 as having breached that requirement on the ground only of that refusal if, in the opinion of the court, the offender's refusal was reasonable having regard to all the circumstances.

(3) Where the court makes a determination under paragraph 20(1)(a), the evidence of one witness is sufficient.

(4) If the order—

(a) is an SSSO, and

(b) contains an electronic monitoring requirement,

section 245H of the Criminal Procedure (Scotland) Act 1995 (documentary evidence) applies to proceedings under paragraph 20 as it applies to proceedings under section 245F of that Act (breach of restriction of liberty order).

Commencement Information

I1 Sch. 17 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

22 U.K. Paragraphs 18 to 21 have effect in place of paragraphs 6 and 7 of Schedule 16 (breach or amendment of suspended sentence order).

Commencement Information

I2 Sch. 17 para. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2