The Mental Health (Northern Ireland) Order 1986

[F1 PART II N.I. MAKING AND EFFECT OF ORDERS

F1 1996 NI 24

Circumstances in which orders may be made N.I.

2.— (1) The court shall not make a supervision and treatment order unless it is satisfied— N.I.

(a) that, having regard to all the circumstances of the case, the making of such an order is the most suitable means of dealing with the accused or appellant; and

(b) on the oral evidence of a medical practitioner appointed for the purposes of Part II by [F2 RQIA] and on the written or oral evidence of one other medical practitioner, that the mental condition of the accused or appellant—

(i) is such as requires and may be susceptible to treatment; but

(ii) is not such as to warrant the making of an order under Article 50A(2)(a), or the making of a guardianship order.

(2) The court shall not make a supervision and treatment order unless it is also satisfied—

(a) that the supervising officer intended to be specified in the order is willing to undertake the supervision; and

(b) that arrangements have been made for the treatment intended to be specified in the order (including arrangements for the reception of the accused or appellant where he is to be required to submit to treatment as a resident patient).

F2 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 8(1) (subject to Sch. 6 para. 8(2)-(4)); S.R. 2009/114, art. 2

Making of orders and general requirements N.I.

3.— (1) A supervision and treatment order shall either— N.I.

(a) specify F3 ... an authorised [F4 HSC trust] for the area in which the supervised person resides or will reside, and require him to be under the supervision of a social worker of that F5 ... authorised [F4 HSC trust] ; or

[F6 (b) require him to be under the supervision of a probation officer.]

(2) Before making such an order, the court shall explain to the supervised person in ordinary language—

(a) the effect of the order (including any requirements proposed to be included in the order in accordance with paragraph 5); and

(b) that a court of summary jurisdiction has power under paragraphs 6 to 8 to review the order on the application either of the supervised person or of the supervising officer.

(3) After making such an order, the court shall forthwith give copies of the order to a probation officer assigned to the court, and he shall give a copy—

(a) to the supervised person;

(b) to the supervising officer; and

(c) to the F7 ... authorised [F4 HSC trust] managing any hospital in which the supervised person is required by the order to reside.

F8 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where such an order is made, the supervised person shall keep in touch with the supervising officer in accordance with such instructions as he may from time to time be given by that officer and shall notify him of any change of address.

F3 Words in Sch. 2A para. 3(1)(a) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 101(2)(a); S.R. 2022/102, art. 2(b)

F4 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

F5 Words in Sch. 2A para. 3(1)(a) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 101(2)(b); S.R. 2022/102, art. 2(b)

F6 Sch. 2A para. 3(1)(b) substituted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 94(2) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)

F7 Words in Sch. 2A para. 3(3)(c) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 101(3); S.R. 2022/102, art. 2(b)

F8 Sch. 2A para. 3(4) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 94(3), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

Obligatory requirements as to medical treatment N.I.

4.— (1) A supervision and treatment order shall include a requirement that the supervised person shall submit, during the whole of the period specified in the order or during such part of that period as may be so specified, to treatment by or under the direction of a medical practitioner with a view to the improvement of his mental condition. N.I.

(2) The treatment required by any such order shall be such one of the following kinds of treatment as may be specified in the order, that is to say—

(a) treatment as an in-patient in a hospital or nursing home, not being special accommodation within the meaning of Article 110;

(b) treatment as an out-patient at such hospital as may be specified in the order; and

(c) treatment by or under the direction of such medical practitioner as may be so specified;

but the nature of the treatment shall not be specified in the order except as mentioned in sub-paragraph (a), (b) or (c).

(3) While the supervised person is under treatment as an in-patient in pursuance of a requirement of a supervision and treatment order, the supervising officer shall carry out the supervision to such extent only as may be necessary for the purpose of the revocation or amendment of the order.

(4) Where the medical practitioner by whom or under whose direction the supervised person is being treated for his mental condition in pursuance of a supervision and treatment order is of the opinion that part of the treatment can be better or more conveniently given in or at a hospital which—

(a) is not specified in the order; and

(b) is one in or at which the treatment of the supervised person will be given by or under the direction of a medical practitioner,

he may, with the consent of the supervised person, make arrangements for him to be treated accordingly.

(5) Such arrangements as are mentioned in sub-paragraph (4) may provide for the supervised person to receive part of his treatment as an in-patient in a hospital notwithstanding that the hospital is not one which could have been specified for that purpose in the supervision and treatment order.

(6) Where any such arrangements as are mentioned in sub-paragraph (4) are made for the treatment of a supervised person—

(a) the medical practitioner by whom the arrangements are made shall give notice in writing to the supervising officer, specifying the hospital in or at which the treatment is to be carried out; and

(b) the treatment provided for by the arrangements shall be deemed to be treatment to which he is required to submit in pursuance of the supervision and treatment order.

Optional requirements as to residence N.I.

5.— (1) Subject to sub-paragraphs (2) and (3), a supervision and treatment order may include requirements as to the residence of the supervised person. N.I.

(2) Before making such an order containing any such requirement, the court shall consider the home surroundings of the supervised person.

(3) Where such an order requires the supervised person to reside in a hospital, the period for which he is so required to reside shall be specified in the order.]