Criminal Justice Act 1991

Amendment of certain requirements of probation orderE+W

F114(1)Where the medical practitioner or other person by whom or under whose direction an offender is being treated for his mental condition, or his dependency on drugs or alcohol, in pursuance of any requirement of a probation order—

(a)is of the opinion mentioned in sub-paragraph (2) below; or

(b)is for any reason unwilling to continue to treat or direct the treatment of the offender,

he shall make a report in writing to that effect to the responsible officer and that officer shall apply under paragraph 13 above to a magistrates’ court for the petty sessions area concerned for the variation or cancellation of the requirement.

(2)The opinion referred to in sub-paragraph (1) above is—

(a)that the treatment of the offender should be continued beyond the period specified in that behalf in the order;

(b)that the offender needs different treatment F2. . .;

(c)that the offender is not susceptible to treatment; or

(d)that the offender does not require further treatment.

Textual Amendments

F1Sch. 2 para. 14 amended (1.10.1997 so far as relating to sentences falling to be imposed under ss. 2(2) or 3(2) and otherwiseprosp.) by 1997 c. 43, s. 55(2); S.I. 1997/2200, art. 2(1)(m) (with art. 5)

F2Words in Sch. 2 para. 14(2)(b) ceased to have effect (1.10.1997) by virtue of 1997 c. 43, s. 55, Sch. 4 para. 15(13) (and are repealed (prosp.) by 1997 c. 43, s. 56(2) Sch.6); S.I. 1997/2200, art.2 (with art. 5)

Commencement Information

I1Sch. 2 (paras. 1 - 18) wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.