Paragraph 12 I1
Sub-paragraph (2) applies where the offender—
is required by a treatment requirement of the community order to submit to treatment, and
has refused to undergo any surgical, electrical or other treatment.
The offender is not to be treated for the purposes of paragraph 10 or 11 as having breached the requirement on the ground only of that refusal if, in the opinion of the court, the refusal was reasonable having regard to all the circumstances.
Annotations
Commencement
- I1
Sch. 10 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
Notes on Schedule 10
Textual amendments
- F1
Word in Sch. 10 heading inserted (11.5.2026) by Sentencing Act 2026 (c. 2), ss. 38(5)(a), 49(1) (with s. 38(6)); S.I. 2026/402, reg. 2(d)
Modifications
- C1
Sch. 10 applied (with modifications) by 2006 c. 52, s. 182(3)(4) (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)
- C2
Sch. 10 applied (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)
- C3
Sch. 10 applied by 2006 c. 52, s. 178(2) (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)
- C4
Sch. 10 modified by 2006 c. 52, s. 181 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 6 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
- C5
Sch. 10 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)
- C6
Sch. 10 applied (with modifications) by 2006 c. 52, Sch. 6A (as inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 12 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)