Sentencing Act 2020

PART 9 E+W Mental health treatment requirement

Requirement E+W

16 (1) In this Code “mental health treatment requirement”, in relation to a relevant order, means a requirement that the offender must submit, during a particular period or particular periods, to mental health treatment, which may be— E+W

(a) in-patient treatment,

(b) institution-based out-patient treatment, or

(c) practitioner-based treatment.

(2) For this purpose—

• “mental health treatment”, in relation to an offender, means treatment which is—

  (a)

  by or under the direction of a registered medical practitioner or registered psychologist, and

  (b)

  with a view to improvement of the offender's mental condition;

• “in-patient treatment” means treatment as a resident patient in—

  (a)

  a care home,

  (b)

  an independent hospital, or

  (c)

  a hospital within the meaning of the Mental Health Act 1983,

  but not in hospital premises where high security psychiatric services are provided;

• “institution-based out-patient treatment” means treatment as a non-resident patient at a particular institution or place;

• “practitioner-based treatment” means treatment by or under the direction of a particular registered medical practitioner or registered psychologist (or both).

(3) A relevant order which imposes a mental health treatment requirement must specify—

(a) the period or periods during which the offender is required to submit to mental health treatment, and

(b) for each of those periods—

(i) if the mental health treatment is to be in-patient treatment, the care home or hospital at which it is to be provided;

(ii) if it is to be institution-based out-patient treatment, the institution or place at which it is to be provided;

(iii) if it is to be practitioner-based treatment, the registered medical practitioner or registered psychologist (or both) by whom or under whose direction it is to be provided;

but may not otherwise specify the nature of the treatment.

(4) Different treatment may be specified for different periods.

(5) In this paragraph—

• “care home” means—

  (a)

  a care home in England within the meaning of the Care Standards Act 2000;

  (b)

  a place in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided;

• “high security psychiatric services” has the same meaning as in the Mental Health Act 1983;

• “independent hospital”—

  (a)

  in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;

  (b)

  in relation to Wales, has the same meaning as in the Care Standards Act 2000;

• “registered psychologist” means a person registered in the part of the register maintained under the Health Professions Order 2001 (S.I. 2002/254) which relates to practitioner psychologists.

(6) While an offender is under treatment which is in-patient treatment in pursuance of a mental health treatment requirement of a relevant order, the responsible officer is to carry out the supervision of the offender only to the extent necessary for the purpose of revocation or amendment of the order.

Modifications etc. (not altering text)

C1 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I1 Sch. 9 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restrictions on imposing mental health treatment requirement E+W

17 (1) A court may not include a mental health treatment requirement in a relevant order unless the following conditions are met— E+W

(a) the need for treatment condition,

(b) the arrangements condition, and

(c) the consent condition.

(2) The need for treatment condition is that the court is satisfied that the mental condition of the offender—

(a) requires treatment,

(b) may be susceptible to treatment, and

(c) does not warrant the making of a hospital order or guardianship order within the meaning of the Mental Health Act 1983.

(3) The arrangements condition is that the court is satisfied that arrangements—

(a) have been made, or

(b) can be made,

for the treatment intended to be specified in the order.

Those arrangements include arrangements for the reception of the offender, where the offender is to be required to submit to in-patient treatment (see paragraph 16(2)).

(4) The consent condition is that the offender has expressed willingness to comply with the requirement.

Modifications etc. (not altering text)

C1 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C2 Sch. 9 para. 17(1)(c) excluded by 2006 c. 52, Sch. 6 para. 4(1) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(6)(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C3 Sch. 9 para. 17(2)(c) excluded by 2006 s. 52, ss. 200, 202 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 paras. 19, 20(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I2 Sch. 9 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Alternative arrangements for mental health treatment made by practitioner E+W

18 (1) This paragraph applies where— E+W

(a) an offender is being treated in pursuance of a mental health treatment requirement, and

(b) the treatment practitioner considers that part of the treatment can be better or more conveniently given in or at an institution or place—

(i) which is not specified in the relevant order, and

(ii) where the treatment will be given by or under the direction of a registered medical practitioner or registered psychologist.

(2) The treatment practitioner may make arrangements (“alternative arrangements”) for the offender to be treated accordingly.

(3) Alternative arrangements may be made only if the offender has expressed willingness for the treatment to be given under those arrangements.

(4) Alternative arrangements may provide for the offender to receive part of the treatment as a resident patient in an institution or place which could not have been specified for that purpose in the relevant order.

(5) Where alternative arrangements are made—

(a) the treatment for which the alternative arrangements provide is to be deemed to be treatment to which the offender must submit in pursuance of the mental health treatment requirement, and

(b) the treatment practitioner must give a notice in writing to the offender's responsible officer, specifying the institution or place where that treatment is to be carried out.

(6) In this paragraph—

• “registered psychologist” means a person registered in the part of the register maintained under the Health Professions Order 2001 (S.I. 2002/254) which relates to practitioner psychologists;

• “treatment practitioner” means the medical practitioner or registered psychologist by or under whose direction the offender is being treated in pursuance of the mental health treatment requirement.

Modifications etc. (not altering text)

C1 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C4 Sch. 9 para. 18 modified by 2006 c. 52, Sch. 6 para. 4(2) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(6)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I3 Sch. 9 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2