SCHEDULES
C3C1C4C7SCHEDULE 9Community orders and suspended sentence orders: requirements
Sch. 9 applied (in part) (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
Sch. 9 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)
Sch. 9 applied (in part) (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
PART 9Mental health treatment requirement
Restrictions on imposing mental health treatment requirement
I1C217
1
A court may not include a mental health treatment requirement in a relevant order unless the following conditions are met—
a
the need for treatment condition,
b
the arrangements condition, and
C6c
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
C5c
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.
Sch. 9 applied (in part) (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)