[F1116CSupervision ordersF2U.K.
(1)The court shall not make an order under section 116A(2)(b) above unless it is satisfied—
(a)that, having regard to all the circumstances of the case, the making of a supervision order is the most suitable means of dealing with the accused;
(b)that the supervising officer intended to be specified in the order is willing to undertake the supervision; and
(c)that arrangements have been made for any treatment which (under subsection (2) below) is intended to be specified in the order.
(2)An order under section 116A(2)(b) above may, in accordance with regulations under subsection (3) below, require the supervised person to submit, during the whole of that period or such part of it as may be specified in the order, to treatment by or under the direction of a registered medical practitioner.
(3)The Secretary of State may—
(a)by order direct that the definition of “supervision order” in section 116A(6) above shall be amended by substituting, for the period for the time being specified there, such period as may be specified in the order under this subsection;
(b)by regulations make further provision in relation to supervision orders.
(4)Regulations under subsection (3) above may in particular make provision—
(a)as to the procedure to be followed by a court-martial making a supervision order;
(b)as the requirements which may be specified in such an order;
(c)as to the descriptions of supervising officer who may be so specified;
(d)for treatment to be provided at a place other than the place specified in the order in accordance with arrangements made by the medical practitioner by whom or under whose direction the supervised person is being treated;
(e)for the amendment and revocation of any supervision order.]
Textual Amendments
F1Ss. 115A-116D substituted for s. 116 (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 3 para. 1 (with Sch. 3 paras. 7, 10, Sch. 12 para. 8); S.I. 2005/579, art. 3(b)
Textual Amendments applied to the whole legislation
F2Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2