Office of Public Sector Information

PART IIPATIENTS SUBJECT TO SPECIAL RESTRICTIONS

1.  Articles 16, 17, 27, 32, 33, 35 and 38 shall apply in relation to the patient without modification.

2.  Articles 12(4), 15, 28, 29, 34, 36 and 37 shall apply in relation to the patient with the modifications specified in paragraphs 3 to 9.

3.  In Article 12(4) for the words from “report furnished” to the end there shall be substituted the words “order or direction under Part III in pursuance of which a patient is admitted to hospital”.

4.  In Article 15—

(a)in paragraph (1) after the word “may” there shall be inserted the words “with the consent of the Secretary of State”;

(b)in paragraph (5) after the words “the responsible medical officer” and “that officer” there shall be inserted the words “or the Secretary of State”;

(c)in paragraph (6) after the word “recalled” there shall be inserted the words “by the responsible medical officer” and for the words from “he has ceased” to the end there shall be substituted the words “the expiration of the period of 6 months beginning with the first day of his absence on leave”.

5.  In Article 28—

(a)in paragraph (1) after the word “may” there shall be inserted the words “with the consent of the Secretary of State”;

(b)in paragraph (2) for the words from “as if” to the end there shall be substituted the words “as if the Department had designated under Article 46(2)(a) the hospital to which he is transferred”;

(c)paragraphs (3) to (7) shall be omitted.

6.  In Article 29 paragraphs (2) and (3) and (4) and the words “subject to paragraphs (3) and (4)” in paragraph (1) shall be omitted.

7.  In Article 34 paragraph (3) shall be omitted.

8.  In Article 36(3) sub-paragraphs (c) and (d) shall be omitted.

9.  In Article 37(4) for sub-paragraphs (a) and (b) there shall be substituted the words “when the patient ceases to be liable to be detained under this Order”.

Article 50A(6).

F1SCHEDULE 2ASUPERVISION AND TREATMENT ORDERS

PART IPRELIMINARY

1.—(1) In this Schedule “supervision and treatment order” means an order requiring the person in respect of whom it is made ( “the supervised person”)—

(a)to be under the supervision of a social worker or probation officer ( “the supervising officer”) for a period specified in the order of not more than 2 years; and

(b)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 medical practitioner with a view to the improvement of his mental condition.

(2) The Secretary of State may by order direct that sub-paragraph (1) shall be amended by substituting, for the period specified in that sub-paragraph, such period as may be specified in the order.

(3) An order under sub-paragraph (2) may make in paragraph 8(2) any amendment which the Secretary of State thinks necessary in consequence of any substitution made by the order.

(4) The power of the Secretary of State to make orders under sub-paragraph (2) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.

PART IIMAKING AND EFFECT OF ORDERS

Circumstances in which orders may be made

2.—(1) The court shall not make a supervision and treatment order unless it is satisfied—

(a)that, having regard to all the circumstances of the case, the making of such an order is the most suitable means of dealing with the accused or appellant; and

(b)on the oral evidence of a medical practitioner appointed for the purposes of Part II by the Commission and on the written or oral evidence of one other medical practitioner, that the mental condition of the accused or appellant—

(i)is such as requires and may be susceptible to treatment; but

(ii)is not such as to warrant the making of an order under Article 50A(2)(a), or the making of a guardianship order.

(2) The court shall not make a supervision and treatment order unless it is also satisfied—

(a)that the supervising officer intended to be specified in the order is willing to undertake the supervision; and

(b)that arrangements have been made for the treatment intended to be specified in the order (including arrangements for the reception of the accused or appellant where he is to be required to submit to treatment as a resident patient).

Making of orders and general requirements

3.—(1) A supervision and treatment order shall either—

(a)specify the Board or an authorised HSS trust for the area in which the supervised person resides or will reside, and require him to be under the supervision of a social worker of that Board or authorised HSS trust; or

(b)specify the petty sessions district in which that person resides or will reside, and require him to be under the supervision of a probation officer appointed for or assigned to that district.

(2) Before making such an order, the court shall explain to the supervised person in ordinary language—

(a)the effect of the order (including any requirements proposed to be included in the order in accordance with paragraph 5); and

(b)that a court of summary jurisdiction has power under paragraphs 6 to 8 to review the order on the application either of the supervised person or of the supervising officer.

(3) After making such an order, the court shall forthwith give copies of the order to a probation officer assigned to the court, and he shall give a copy—

(a)to the supervised person;

(b)to the supervising officer; and

(c)to the Board or authorised HSS trust managing any hospital in which the supervised person is required by the order to reside.

(4) After making such an order, the court shall also send to the clerk of petty sessions for the petty sessions district in which the supervised person resides or will reside ( “the petty sessions district concerned”)—

(a)a copy of the order; and

(b)such documents and information relating to the case as it considers likely to be of assistance to a court acting for that district in the exercise of its functions in relation to the order.

(5) Where such an order is made, the supervised person shall keep in touch with the supervising officer in accordance with such instructions as he may from time to time be given by that officer and shall notify him of any change of address.

Obligatory requirements as to medical treatment

4.—(1) A supervision and treatment order shall include a requirement that the supervised person shall submit, during the whole of the period specified in the order or during such part of that period as may be so specified, to treatment by or under the direction of a medical practitioner with a view to the improvement of his mental condition.

(2) The treatment required by any such order shall be such one of the following kinds of treatment as may be specified in the order, that is to say—

(a)treatment as an in-patient in a hospital or nursing home, not being special accommodation within the meaning of Article 110;

(b)treatment as an out-patient at such hospital as may be specified in the order; and

(c)treatment by or under the direction of such medical practitioner as may be so specified;

but the nature of the treatment shall not be specified in the order except as mentioned in sub-paragraph (a), (b) or (c).

(3) While the supervised person is under treatment as an in-patient in pursuance of a requirement of a supervision and treatment order, the supervising officer shall carry out the supervision to such extent only as may be necessary for the purpose of the revocation or amendment of the order.

(4) Where the medical practitioner by whom or under whose direction the supervised person is being treated for his mental condition in pursuance of a supervision and treatment order is of the opinion that part of the treatment can be better or more conveniently given in or at a hospital which—

(a)is not specified in the order; and

(b)is one in or at which the treatment of the supervised person will be given by or under the direction of a medical practitioner,

he may, with the consent of the supervised person, make arrangements for him to be treated accordingly.

(5) Such arrangements as are mentioned in sub-paragraph (4) may provide for the supervised person to receive part of his treatment as an in-patient in a hospital notwithstanding that the hospital is not one which could have been specified for that purpose in the supervision and treatment order.

(6) Where any such arrangements as are mentioned in sub-paragraph (4) are made for the treatment of a supervised person—

(a)the medical practitioner by whom the arrangements are made shall give notice in writing to the supervising officer, specifying the hospital in or at which the treatment is to be carried out; and

(b)the treatment provided for by the arrangements shall be deemed to be treatment to which he is required to submit in pursuance of the supervision and treatment order.

Optional requirements as to residence

5.—(1) Subject to sub-paragraphs (2) and (3), a supervision and treatment order may include requirements as to the residence of the supervised person.

(2) Before making such an order containing any such requirement, the court shall consider the home surroundings of the supervised person.

(3) Where such an order requires the supervised person to reside in a hospital, the period for which he is so required to reside shall be specified in the order.