SCHEDULE 12Breach or amendment of suspended sentence order, and effect of further conviction
Part 2Breach of community requirement or conviction of further offence
Restriction of powers in paragraph 8 where treatment required
10
(1)
An offender who is required by any of the following community requirements of a suspended sentence order—
(a)
a mental health treatment requirement,
(b)
a drug rehabilitation requirement, or
(c)
an alcohol treatment requirement,
to submit to treatment for his mental condition, or his dependency on or propensity to misuse drugs or alcohol, is not to be treated for the purposes of paragraph 8(1)(a) as having failed to comply with that requirement on the ground only that he had refused to undergo any surgical, electrical or other treatment if, in the opinion of the court, his refusal was reasonable having regard to all the circumstances.
(2)
A court may not under paragraph 8(2)(c)(i) amend a mental health treatment requirement, a drug rehabilitation requirement or an alcohol treatment requirement unless the offender expresses his willingness to comply with the requirement as amended.