Valid from 25/08/2000
5(1)This paragraph applies where a court proposing to make a probation order is satisfied, on the evidence of a registered medical practitioner approved for the purposes of section 12 of the M1Mental Health Act 1983, that the mental condition of the offender—
(a)is such as requires and may be susceptible to treatment; but
(b)is not such as to warrant the making of a hospital order or guardianship order within the meaning of that Act.
(2)Subject to sub-paragraph (4) below, the probation order may include a requirement that the offender shall submit, during the whole of the probation period or during such part or parts of that period as may be specified in the order, to treatment by or under the direction of a registered medical practitioner or a chartered psychologist (or both, for different parts) with a view to the improvement of the offender’s mental condition.
(3)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 a resident patient in a hospital or mental nursing home within the meaning of the M2Mental Health Act 1983, but not hospital premises at which high security psychiatric services within the meaning of that Act are provided;
(b)treatment as a non-resident patient at such institution or place as may be specified in the order;
(c)treatment by or under the direction of such registered medical practitioner or chartered psychologist (or both) as may be so specified;
but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a), (b) or (c) above.
(4)A court shall not by virtue of this paragraph include in a probation order a requirement that the offender shall submit to treatment for his mental condition unless—
(a)it is satisfied that arrangements have been or can be made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident patient); and
(b)the offender has expressed his willingness to comply with such a requirement.
(5)While the offender is under treatment as a resident patient in pursuance of a requirement of the probation order, his responsible officer shall carry out the supervision of the offender to such extent only as may be necessary for the purpose of the revocation or amendment of the order.
(6)Where the medical practitioner or chartered psychologist by whom or under whose direction an offender is being treated for his mental condition in pursuance of a probation order is of the opinion that part of the treatment can be better or more conveniently given in or at an institution or place which—
(a)is not specified in the order, and
(b)is one in or at which the treatment of the offender will be given by or under the direction of a registered medical practitioner or chartered psychologist,
he may, with the consent of the offender, make arrangements for him to be treated accordingly.
(7)Such arrangements as are mentioned in sub-paragraph (6) above may provide for the offender to receive part of his treatment as a resident patient in an institution or place notwithstanding that the institution or place is not one which could have been specified for that purpose in the probation order.
(8)Where any such arrangements as are mentioned in sub-paragraph (6) above are made for the treatment of an offender—
(a)the medical practitioner or chartered psychologist by whom the arrangements are made shall give notice in writing to the offender’s responsible officer, specifying the institution or place 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 probation order.
(9)Subsections (2) and (3) of section 54 of the M3Mental Health Act 1983 shall have effect with respect to proof for the purposes of sub-paragraph (1) above of an offender’s mental condition as they have effect with respect to proof of an offender’s mental condition for the purposes of section 37(2)(a) of that Act.
(10)In this paragraph, “chartered psychologist” means a person for the time being listed in the British Psychological Society’s Register of Chartered Psychologists.