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Modification of sections 17 to 20 for Northern Ireland |
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1 | For section 18 substitute— |
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| “18 Procedure for applications under section 17 |
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(1) | An application under section 17 must be determined— |
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(a) | at a preparatory hearing (within the meaning of the 1988 |
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(b) | at a hearing specified in, or for which provision is made by, |
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(2) | The parties to a hearing mentioned in subsection (1) at which an |
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application under section 17 is to be determined must be given an |
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opportunity to make representations with respect to the application. |
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(3) | Article 6(1) of the 1988 Order (which sets out the purposes of |
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preparatory hearings) is to have effect as if the purposes there |
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mentioned included the purpose of determining an application |
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(4) | Article 8(11) of the 1988 Order (appeal to Court of Appeal) is to have |
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effect as if it also provided for an appeal to the Court of Appeal to lie |
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from the determination by a judge of an application under section 17. |
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(5) | In this section “the 1988 Order” means the Criminal Justice (Serious |
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Fraud) (Northern Ireland) Order 1988. |
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| 18A Appeals in respect of hearings under section 18(1)(b) |
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(1) | An appeal shall lie to the Court of Appeal from the refusal by a judge |
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at a hearing mentioned in section 18(1)(b) of an application under |
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section 17 or from an order of a judge at such a hearing under section |
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17(2) which is made on the determination of such an application. |
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(2) | Such an appeal may be brought only with the leave of the judge or |
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(3) | An order or a refusal of an application from which an appeal under |
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this section lies is not to take effect— |
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(a) | before the expiration of the period for bringing an appeal |
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(b) | if such an appeal is brought, before the appeal is finally |
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disposed of or abandoned. |
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(4) | On the termination of the hearing of an appeal under this section, the |
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(a) | where the appeal is from an order, confirm or revoke the |
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(b) | where the appeal is from a refusal of an application, confirm |
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the refusal or make the order which is the subject of the |
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(5) | In section 31(1) of the Criminal Appeal (Northern Ireland) Act 1980 |
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(c. 47) (right of appeal to House of Lords) for “Act or” substitute “Act, |
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section 18A of the Domestic Violence, Crime and Victims Act 2004,”. |
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(6) | In section 35 of that Act (bail) after “appeal under” insert “section |
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18A of the Domestic Violence, Crime and Victims Act 2004,”. |
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(7) | The Secretary of State may make an order containing provision, in |
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relation to proceedings before the Court of Appeal under this |
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section, which corresponds to any provision, in relation to appeals or |
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other proceedings before that court, which is contained in the |
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Criminal Appeal (Northern Ireland) Act 1980 (subject to any |
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specified modifications). |
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(8) | A statutory instrument containing an order under subsection (7) is |
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subject to annulment in pursuance of a resolution of either House of |
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| 18B Reporting restrictions |
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(1) | Sections 41 and 42 of the Criminal Procedure and Investigations Act |
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1996 (c. 25) are to apply in relation to— |
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(a) | a hearing of the kind mentioned in section 18(1)(b), and |
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(b) | any appeal or application for leave to appeal relating to such |
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as they apply in relation to a ruling under section 40 of that Act, but |
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subject to the following modifications. |
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(2) | Section 41(2) of that Act is to have effect as if for paragraphs (a) to (d) |
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“(a) | a hearing of the kind mentioned in section 18(1)(b) of the |
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Domestic Violence, Crime and Victims Act 2004;” |
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(b) | any appeal or application for leave to appeal relating to |
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(3) | Section 41(3) of that Act is to have effect as if— |
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(a) | for “(2)” there were substituted “(2)(a) or an application to |
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that judge for leave to appeal to the Court of Appeal”, and |
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(b) | after “matter”, in the second place where it occurs, there were |
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inserted “or application”. |
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(4) | Section 41 of that Act is to have effect as if after subsection (3) there |
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| “(3A) The Court of Appeal may order that subsection (1) shall not |
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apply, or shall not apply to a specified extent, to a report of— |
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| (a) an appeal to that Court, or |
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| (b) an application to that Court for leave to appeal. |
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| (3B) The House of Lords may order that subsection (1) shall not |
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apply, or shall not apply to a specified extent, to a report of— |
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| (a) an appeal to that House, or |
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| (b) an application to that House for leave to appeal.” |
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(5) | Section 41(4) of that Act is to have effect as if for “(3) the judge” there |
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were substituted “(3), (3A) or (3B), the judge, the Court of Appeal or |
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(6) | Section 41(5) of that Act is to have effect as if for “(3) the judge” there |
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were substituted “(3), (3A) or (3B), the judge, the Court of Appeal or |
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2 | In section 19(3) after “enactment” insert “(including any provision of |
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Northern Ireland legislation)”. |
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3 | In section 19(4)(b) for the words from “section” to “etc)” substitute “section |
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16(1) of the Criminal Appeal (Northern Ireland) Act 1980 (notice of appeal |
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or application for leave)”. |
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4 | In section 19(5) for “section 18(2) of the Criminal Appeal Act 1968” substitute |
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“section 16(1) of the Criminal Appeal (Northern Ireland) Act 1980”. |
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5 | For section 19(7) substitute— |
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“(7) | Nothing in this section or section 17, 18, 18A, 18B or 20 affects the |
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requirement under Article 49A of the Mental Health (Northern |
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Ireland) Order 1986 that any question, finding or verdict mentioned |
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in that Article be determined, made or returned by a jury.” |
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6 | For section 20(2) substitute— |
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“(2) | Without limiting subsection (1), rules of court may in particular |
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(a) | for time limits within which applications under section 17 |
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must be made or within which other things in connection |
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with that section or sections 18 to 19 must be done; |
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(b) | in relation to hearings of the kind mentioned in section |
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(a) | after “section” insert “or section 18(1)(b)”; |
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(b) | after “enactment” insert “(including any provision of Northern |
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Supervision orders on finding of insanity or unfitness to plead etc |
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| The following is the Schedule inserted before Schedule 2 to the Criminal |
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Procedure (Insanity) Act 1964 (c. 84)— |
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1 (1) | In this Schedule “supervision order” means an order which |
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requires the person in respect of whom it is made (“the supervised |
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person”) to be under the supervision of a social worker or an |
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officer of a local probation board (“the supervising officer”) for a |
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period specified in the order of not more than two years. |
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(2) | A supervision order may, in accordance with paragraph 4 or 5 |
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below, require the supervised person to submit, during the whole |
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of that period or such part of it as may be specified in the order, to |
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treatment by or under the direction of a registered medical |
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(3) | The Secretary of State may by order direct that sub-paragraph (1) |
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above shall be amended by substituting, for the period for the time |
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being specified there, such period as may be specified in the order. |
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(4) | An order under sub-paragraph (3) above may make in paragraph |
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11(2) below any amendment which the Secretary of State thinks |
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necessary in consequence of any substitution made by the order. |
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(5) | The power of the Secretary of State to make orders under sub- |
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paragraph (3) above shall be exercisable by statutory instrument |
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which shall be subject to annulment in pursuance of a resolution |
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of either House of Parliament. |
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Making and effect of orders |
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Circumstances in which orders may be made |
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2 (1) | The court shall not make a supervision order unless it is satisfied |
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that, having regard to all the circumstances of the case, the making |
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of such an order is the most suitable means of dealing with the |
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(2) | The court shall not make a supervision order unless it is also |
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(a) | that the supervising officer intended to be specified in the |
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order is willing to undertake the supervision; and |
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(b) | that arrangements have been made for the treatment |
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intended to be specified in the order. |
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Making of orders and general requirements |
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3 (1) | A supervision order shall either— |
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(a) | specify the local social services authority area in which the |
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supervised person resides or will reside, and require him |
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to be under the supervision of a social worker of the local |
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social services authority for that area; or |
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(b) | specify the local justice area in which that person resides or |
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will reside, and require him to be under the supervision of |
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an officer of a local probation board appointed for or |
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(2) | Before making such an order, the court shall explain to the |
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supervised person in ordinary language— |
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(a) | the effect of the order (including any requirements |
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proposed to be included in the order in accordance with |
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paragraph 4, 5 or 8 below); and |
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(b) | that a magistrates’ court has power under paragraphs 9 to |
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11 below to review the order on the application either of |
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the supervised person or of the supervising officer. |
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(3) | After making such an order, the court shall forthwith give copies |
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of the order to an officer of a local probation board assigned to the |
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court, and he shall give a copy— |
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(a) | to the supervised person; and |
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(b) | to the supervising officer. |
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(4) | After making such an order, the court shall also send to the |
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designated officer for the local justice area in which the supervised |
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person resides or will reside (“the local justice area concerned”)— |
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(a) | a copy of the order; and |
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(b) | such documents and information relating to the case as it |
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considers likely to be of assistance to a court acting for that |
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area in the exercise of its functions in relation to the order. |
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(5) | Where such an order is made, the supervised person shall keep in |
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touch with the supervising officer in accordance with such |
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instructions as he may from time to time be given by that officer |
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and shall notify him of any change of address. |
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Requirements as to medical treatment |
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4 (1) | A supervision order may, if the court is satisfied as mentioned in |
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sub-paragraph (2) below, include a requirement that the |
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supervised person shall submit, during the whole of the period |
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specified in the order or during such part of that period as may be |
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so specified, to treatment by or under the direction of a registered |
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medical practitioner with a view to the improvement of his mental |
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(2) | The court may impose such a requirement only if satisfied on the |
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written or oral evidence of two or more registered medical |
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practitioners, at least one or whom is duly registered, that the |
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mental condition of the supervised person— |
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(a) | is such as requires and may be susceptible to treatment; |
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(b) | is not such as to warrant the making of a hospital order |
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within the meaning of the Mental Health Act 1983. |
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(3) | The treatment required under this paragraph by any such order |
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shall be such one of the following kinds of treatment as may be |
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specified in the order, that is to say— |
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(a) | treatment as a non-resident patient at such institution or |
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place as may be specified in the order; and |
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(b) | treatment by or under the direction of such registered |
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medical practitioner as may be so specified; |
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| but the nature of the treatment shall not be specified in the order |
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except as mentioned in paragraph (a) or (b) above. |
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5 (1) | This paragraph applies where the court is satisfied on the written |
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or oral evidence of two or more registered medical practitioners |
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(a) | because of his medical condition, other than his mental |
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condition, the supervised person is likely to pose a risk to |
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(b) | the condition may be susceptible to treatment. |
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(2) | The supervision order may (whether or not it includes a |
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requirement under paragraph 4 above) include a requirement that |
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the supervised person shall submit, during the whole of the period |
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specified in the order or during such part of that period as may be |
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so specified, to treatment by or under the direction of a registered |
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medical practitioner with a view to the improvement of the |
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(3) | The treatment required under this paragraph by any such order |
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shall be such one of the following kinds of treatment as may be |
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specified in the order, that is to say— |
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(a) | treatment as a non-resident patient at such institution or |
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place as may be specified in the order; and |
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(b) | treatment by or under the direction of such registered |
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medical practitioner as may be so specified; |
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| but the nature of the treatment shall not be specified in the order |
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except as mentioned in paragraph (a) or (b) above. |
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6 (1) | Where the medical practitioner by whom or under whose |
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direction the supervised person is being treated in pursuance of a |
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requirement under paragraph 4 or 5 above is of the opinion that |
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part of the treatment can be better or more conveniently given in |
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or at an institution or place which— |
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(a) | is not specified in the order, and |
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(b) | is one in or at which the treatment of the supervised person |
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will be given by or under the direction of a registered |
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| he may, with the consent of the supervised person, make |
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arrangements for him to be treated accordingly. |
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(2) | Such arrangements may provide for the supervised person to |
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receive part of his treatment as a resident patient in an institution |
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or place of any description. |
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(3) | Where any such arrangements are made for the treatment of a |
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(a) | the medical practitioner by whom the arrangements are |
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made shall give notice in writing to the supervising officer, |
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specifying the institution or place in or at which the |
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treatment is to be carried out; and |
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(b) | the treatment provided for by the arrangements shall be |
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deemed to be treatment to which he is required to submit |
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in pursuance of the supervision order. |
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7 | While the supervised person is under treatment as a resident |
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patient in pursuance of arrangements under paragraph 6 above, |
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the supervising officer shall carry out the supervision to such |
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extent only as may be necessary for the purpose of the revocation |
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or amendment of the order. |
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Requirements as to residence |
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8 (1) | Subject to sub-paragraph (2) below, a supervision order may |
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include requirements as to the residence of the supervised person. |
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(2) | Before making such an order containing any such requirement, |
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the court shall consider the home surroundings of the supervised |
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Revocation and amendment of orders |
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9 (1) | Where a supervision order is in force in respect of any person and, |
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on the application of the supervised person or the supervising |
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officer, it appears to a magistrates’ court acting for the local justice |
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area concerned that, having regard to circumstances which have |
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arisen since the order was made, it would be in the interests of the |
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health or welfare of the supervised person that the order should be |
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revoked, the court may revoke the order. |
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(2) | The court by which a supervision order was made may of its own |
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motion revoke the order if, having regard to circumstances which |
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have arisen since the order was made, it considers that it would be |
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inappropriate for the order to continue. |
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Amendment of order by reason of change of residence |
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10 (1) | This paragraph applies where, at any time while a supervision |
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order is in force in respect of any person, a magistrates’ court |
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acting for the local justice area concerned is satisfied that the |
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supervised person proposes to change, or has changed, his |
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residence from the area specified in the order to another local |
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social services authority area or local justice area. |
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(2) | Subject to sub-paragraph (3) below, the court may, and on the |
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application of the supervising officer shall, amend the supervision |
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order by substituting the other area for the area specified in the |
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(3) | The court shall not amend under this paragraph a supervision |
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order which contains requirements which, in the opinion of the |
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court, cannot be complied with unless the supervised person |
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continues to reside in the area specified in the order unless, in |
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accordance with paragraph 11 below, it either— |
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(a) | cancels those requirements; or |
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