SCHEDULES
C2SCHEDULE 8Breach, revocation or amendment of community order
C1Part 4Amendment of order
Sch. 8 Pt. 4 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 181, 184, 383, Sch. 5 paras. 5, 16; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Amendment of treatment requirements of community order on report of practitioner
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1
Where the medical practitioner or other person by whom or under whose direction an offender is, in pursuance of any requirement to which this sub-paragraph applies, being treated for his mental condition or his dependency on or propensity to misuse drugs or alcohol—
a
is of the opinion mentioned in sub-paragraph (3), or
b
is for any reason unwilling to continue to treat or direct the treatment of the offender,
he must make a report in writing to that effect to the responsible officer and that officer must apply under paragraph 17 to the appropriate court for the variation or cancellation of the requirement.
2
The requirements to which sub-paragraph (1) applies are—
a
a mental health treatment requirement,
b
a drug rehabilitation requirement, and
c
an alcohol treatment requirement.
3
The opinion referred to in sub-paragraph (1) 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,
c
that the offender is not susceptible to treatment, or
d
that the offender does not require further treatment.
4
In this paragraph “the appropriate court” has the same meaning as in paragraph 16.
Sch. 8 modified (4.4.2010) by Criminal Procedure (Scotland) Act 1995 (c. 46), s. 234(6) (as substituted by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 70(8); S.I. 2005/950, art. 2, Sch. 1 para. 42(29) (subject to art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2))) (as amended by S.I. 2007/391, art. 2 (which S.I. was revoked by S.I. 2009/616, art. 3) (which S.I. was revoked by S.I. 2009/3111, art. 2)) (as amended (3.4.2009) by S.I. 2009/616, arts. 1, 2) (as amended (30.11.2009) by S.I. 2009/3111, arts. 1, 2))