SCHEDULES

SCHEDULE 6Youth rehabilitation orders: requirements

PART 12Mental health treatment requirement

Restrictions on imposing mental health treatment requirement

I129

1

A court may not include a mental health treatment requirement in a youth rehabilitation order unless the following conditions are met—

a

the need for treatment condition,

b

the arrangements condition, and

c

the consent condition.

2

The need for treatment condition is that the court is satisfied that the mental condition of the offender—

a

requires treatment,

b

may be susceptible to treatment, and

c

does not warrant the making of a hospital order or guardianship order within the meaning of the Mental Health Act 1983.

3

The arrangements condition is that the court is satisfied that arrangements—

a

have been made, or

b

can be made,

for the treatment intended to be specified in the order.

Those arrangements include arrangements for the reception of the offender, if that treatment is, or includes, in-patient treatment (see paragraph 28(2)).

4

The consent condition is that the offender has expressed willingness to comply with the requirement.