SCHEDULES
C1SCHEDULE 17Transfer of suspended sentence orders to Scotland or Northern Ireland
PART 5Breach of community requirement
Determination by home court of breach of community requirement: further provision
I221
1
Sub-paragraph (2) applies where an offender—
a
is required by any of the following community requirements of a suspended sentence order to submit to treatment—
i
a mental health treatment requirement,
ii
a drug rehabilitation requirement, or
iii
an alcohol treatment requirement, and
b
has refused to undergo any surgical, electrical or other treatment.
2
The offender is not to be treated for the purposes of paragraph 20 as having breached that requirement on the ground only of that refusal if, in the opinion of the court, the offender's refusal was reasonable having regard to all the circumstances.
3
Where the court makes a determination under paragraph 20(1)(a), the evidence of one witness is sufficient.
4
If the order—
a
is an SSSO, and
b
contains an electronic monitoring requirement,
section 245H of the Criminal Procedure (Scotland) Act 1995 (documentary evidence) applies to proceedings under paragraph 20 as it applies to proceedings under section 245F of that Act (breach of restriction of liberty order).
I122
Paragraphs 18 to 21 have effect in place of paragraphs 6 and 7 of Schedule 16 (breach or amendment of suspended sentence order).
Sch. 17 applied (with modifications) by 2006 c. 52, ss. 200, 204 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 paras. 19, 22 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)