HL Deb 11 March 2004 vol 658 cc1445-6

4 (1) A supervision order may, if the court is satisfied as mentioned in sub-paragraph (2) below, 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 registered medical practitioner with a view to the improvement of his mental condition.

(2) The court may impose such a requirement only if satisfied on the written or oral evidence of two or more registered medical practitioners, at least one or whom is duly registered, that the mental condition of the supervised person—

  1. (a) is such as requires and may be susceptible to treatment; but
  2. (b) is not such as to warrant the making of a hospital order within the meaning of the Mental Health Act 1983.

(3) The treatment required under this paragraph 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—

  1. (a) treatment as a non-resident patient at such institution or place as may be specified in the order; and
  2. (b) treatment by or under the direction of such registered medical practitioner as may be so specified; but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a) or (b) above.

5 (1) This paragraph applies where the court is satisfied on the written or oral evidence of two or more registered medical practitioners that—

  1. (a) because of his medical condition, other than his mental condition, the supervised person is likely to pose a risk to himself or others; and
  2. (b) the condition may be susceptible to treatment.

(2) The supervision order may (whether or not it includes a requirement under paragraph 4 above) 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 registered medical practitioner with a view to the improvement of the condition.

(3) The treatment required under this paragraph 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—

  1. (a) treatment as a non-resident patient at such institution or place as may be specified in the order; and
  2. (b) treatment by or under the direction of such registered medical practitioner as may be so specified; but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a) or (b) above.

6 (1) Where the medical practitioner by whom or under whose direction the supervised person is being treated in pursuance of a requirement under paragraph 4 or 5 above is of the opinion that part of the treatment can be better or more conveniently given in or at an institution or place which—

  1. (a) is not specified in the order, and
  2. (b) is one in or at which the treatment of the supervised person will be given by or under the direction of a registered medical practitioner, he may, with the consent of the supervised person, make arrangements for him to be treated accordingly.

(2) Such arrangements may provide for the supervised person to receive part of his treatment as a resident patient in an institution or place of any description.

(3) Where any such arrangements are made for the treatment of a supervised person—

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

7 While the supervised person is under treatment as a resident patient in pursuance of arrangements under paragraph 6 above, 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.