Valid from 01/02/2011
Textual Amendments
F1Ss. 227A-227ZN and cross-headings inserted (1.2.2011 except for the insertion of s. 227ZM, 1.4.2011 in so far as not already in force) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(1), 206(1); S.S.I. 2010/413, art. 2, sch. (with art. 3(1))
(1)In this Act, a “mental health treatment requirement” is, in relation to an offender, a requirement that the offender must submit, during the specified period, to treatment by or under the direction of a registered medical practitioner or a registered psychologist (or both) with a view to improving the offender's mental condition.
(2)The treatment to which an offender may be required to submit under a mental health treatment requirement is such of the kinds of treatment described in subsection (3) as is specified; but otherwise the nature of the treatment is not to be specified.
(3)Those kinds of treatment are—
(a)treatment as a resident patient in a hospital (other than a State hospital) within the meaning of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (“the 2003 Act”),
(b)treatment as a non-resident patient at such institution or other place as may be specified, or
(c)treatment by or under the direction of such registered medical practitioner or registered psychologist as may be specified.
(4)A court may impose a mental health treatment requirement on an offender only if the court is satisfied—
(a)on the written or oral evidence of an approved medical practitioner (within the meaning of the 2003 Act), that Condition A is met,
(b)on the written or oral evidence of the registered medical practitioner or registered psychologist by whom or under whose direction the treatment is to be provided, that Condition B is met, and
(c)that Condition C is met.
(5)Condition A is that—
(a)the offender suffers from a mental condition,
(b)the condition requires, and may be susceptible to, treatment, and
(c)the condition is not such as to warrant the offender's being subject to—
(i)a compulsory treatment order under section 64 of the 2003 Act, or
(ii)a compulsion order under section 57A of this Act.
(6)Condition B is that the treatment proposed to be specified is appropriate for the offender.
(7)Condition C is that arrangements have been made for the proposed treatment including, where the treatment is to be of the kind mentioned in subsection (3)(a), arrangements for the offender's reception in the hospital proposed to be specified in the requirement.
(8)The specified period must not be longer than the period specified in the offender supervision requirement to be imposed at the same time as the mental health treatment requirement (by virtue of section 227G(2)(b)).
(9)In this section, “specified”, in relation to a mental health treatment requirement, means specified in the requirement.
(1)For the purposes of section 227R(4)(a) or (b), a written report purporting to be signed by an approved medical practitioner (within the meaning of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)) may be received in evidence without the need for proof of the signature or qualifications of the practitioner.
(2)Where such a report is lodged in evidence otherwise than by or on behalf of the offender, a copy of the report must be given to—
(a)the offender, and
(b)the offender's solicitor (if any).
(3)The court may adjourn the case if it considers it necessary to do so to give the offender further time to consider the report.
(4)Subsection (5) applies where the offender is—
(a)detained in a hospital under this Act, or
(b)remanded in custody.
(5)For the purpose of calling evidence to rebut any evidence contained in a report lodged as mentioned in subsection (2), arrangements may be made by or on behalf of the offender for an examination of the offender by a registered medical practitioner.
(6)Such an examination is to be carried out in private.
(1)This section applies where—
(a)a mental health treatment requirement has been imposed on an offender, and
(b)the registered medical practitioner or registered psychologist by whom or under whose direction the offender is receiving the treatment to which the offender is required to submit in pursuance of the requirement is of the opinion mentioned in subsection (2).
(2)That opinion is—
(a)that the offender requires, or that it would be appropriate for the offender to receive, a different kind of treatment (whether in whole or in part) from that which the offender has been receiving, or
(b)that the treatment (whether in whole or in part) can be more appropriately given in or at a different hospital or other institution or place from that where the offender has been receiving treatment.
(3)The practitioner or, as the case may be, psychologist may make arrangements for the offender to be treated accordingly.
(4)Subject to subsection (5), the treatment provided under the arrangements must be of a kind which could have been specified in the mental health treatment requirement.
(5)The arrangements may provide for the offender to receive treatment (in whole or in part) as a resident patient in an institution or place even though it is one that could not have been specified for that purpose in the mental health treatment requirement.
(6)Arrangements may be made under subsection (3) only if—
(a)the offender and the responsible officer agree to the arrangements,
(b)the treatment will be given by or under the direction of a registered medical practitioner or registered psychologist who has agreed to accept the offender as a patient, and
(c)where the treatment requires the offender to be a resident patient, the offender will be received as such.
(7)Where arrangements are made under subsection (3)—
(a)the responsible officer must notify the court of the arrangements, and
(b)the treatment provided under the arrangements is to be taken to be treatment to which the offender is required to submit under the mental health treatment requirement.]