Powers of Criminal Courts (Sentencing) Act 2000

[F1 Requirements as to treatment for mental condition E+W

Textual Amendments

F1 Schs. 5-7 repealed (30.11.2009 for specified purposes) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 28 Pt. 1 (with Sch. 27 paras. 15); S.I. 2009/3074, art. 2(u)(xxvi)

6 (1) This paragraph applies where a court which proposes to make a supervision order is satisfied, on the evidence of a registered medical practitioner approved for the purposes of section 12 of the M1 Mental Health Act 1983, that the mental condition of the offender— E+W

(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) Where this paragraph applies, the court may include in the supervision order a requirement that the offender shall, for a period specified in the order, submit to treatment of one of the following descriptions so specified, that is to say—

(a) treatment as a resident patient in [F2 an independent hospital or care home within the meaning of the Care Standards Act 2000 or a hospital] within the meaning of the M2 Mental Health Act 1983, but not a hospital at which high security psychiatric services within the meaning of that Act are provided;

(b) treatment as a non-resident patient at an institution or place specified in the order;

(c) treatment by or under the direction of a registered medical practitioner specified in the order; or

(d) treatment by or under the direction of a [F3 registered psychologist] specified in the order.

(3) A requirement shall not be included in a supervision order by virtue of sub-paragraph (2) above—

(a) in any case, unless the court is satisfied that arrangements have been or can be made for the treatment in question and, in the case of treatment as a resident patient, for the reception of the patient;

(b) in the case of an order made or to be made in respect of a person aged 14 or over, unless he consents to its inclusion;

and a requirement so included shall not in any case continue in force after the offender attains the age of 18.

(4) Subsections (2) and (3) of section 54 of the M3 Mental 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.

[F4 (5) In sub-paragraph (2), “registered psychologist” means a person registered in the part of the register maintained under the Health Professions Order 2001 which relates to practitioner psychologists.]]

Textual Amendments

F2 Words in Sch. 6 para. 6(2)(a) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 28(3); S.I. 2001/4150, art. 3(2)(3)(a) (subject to transitional provisions in art. 4 and S.I. 2002/1493, arts. 4, 6); S.I. 2002/920, art. 3(3)(d) (subject to transitional provisions in art. 2, Sch. 1-3)

F3 Words in Sch. 6 para. 6(2)(d) substituted (1.7.2009) by The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(9), Sch. 5 para. 5(a) (with arts. 9, 10); S.I. 2009/1357, art. 2(1)(d)

F4 Sch. 6 para. 6(5) substituted (1.7.2009) by The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(9), Sch. 5 para. 5(b) (with arts. 9, 10); S.I. 2009/1357, art. 2(1)(d)

Marginal Citations

M1 1983 c. 20.

M2 1983 c. 20.

M3 1983 c. 20.