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Changes over time for: Cross Heading: Restriction of powers in paragraphs 9 and 10 where treatment required
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Version Superseded: 01/12/2020
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Point in time view as at 06/04/2016.
Changes to legislation:
Criminal Justice Act 2003, Cross Heading: Restriction of powers in paragraphs 9 and 10 where treatment required is up to date with all changes known to be in force on or before 27 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Restriction of powers in paragraphs 9 and 10 where treatment requiredE+W
11(1)An offender who is required by any of the following requirements of a community order—E+W
(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 9 or 10 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 9(1)(a) or 10(1)(a) 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.
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