SCHEDULES

C2SCHEDULE 8Breach, revocation or amendment of community order

Annotations:
Modifications etc. (not altering text)
C2

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(subject to art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2))) (as amended by S.I. 2007/391, art. 2 (which S.I. was revoked by S.I. 2009/616, art. 3) (which S.I. was revoked by S.I. 2009/3111, art. 2)) (as amended (3.4.2009) by S.I. 2009/616, arts. 1, 2) (as amended (30.11.2009) by S.I. 2009/3111, arts. 1, 2))

C1Part 4Amendment of order

Annotations:
Modifications etc. (not altering text)
C1

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

I118

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.