Paragraph 26 I1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 16 para. 23(3) inserted by Sentencing Act 2020 Sch. 22 para. 79
Sch. 16 amendment to earlier affecting provision 2006 c. 52, Sch. 7 para. 13 by Sentencing Act 2020 Sch. 26 para. 5(a)
Sch. 16 amendment to earlier affecting provision 2006 c. 52, Sch. 7 para. 13 by Sentencing Act 2020 Sch. 26 para. 5(b)
Sch. 16 para. 16A(1) omitted by 2020 c. 17, Sch. 10 para. 78A(a) (as inserted) by Police, Crime, Sentencing and Courts Act 2022 Sch. 14 para. 14(4)
Sch. 16 para. 16A(2) words omitted by 2020 c. 17, Sch. 10 para. 78A(b) (as inserted) by Police, Crime, Sentencing and Courts Act 2022 Sch. 14 para. 14(4)
Sch. 16 para. 28(4) table words inserted by Sentencing Act 2026 s. 17(11)

(1)

This paragraph applies where the suspended sentence order contains a treatment requirement under which the offender is being treated and the treatment practitioner—

(a)

is of the opinion that—

(i)

the treatment of the offender should be continued beyond the period specified in that behalf in the order,

(ii)

the offender needs different treatment,

(iii)

the offender is not susceptible to treatment, or

(iv)

the offender does not require further treatment, or

(b)

is for any reason unwilling to continue to treat or direct the treatment of the offender.

(2)

The treatment practitioner must make a report in writing to that effect to the responsible officer.

(3)

The responsible officer must cause an application to be made under paragraph 25 to the appropriate court for the requirement to be replaced or cancelled.

(4)

For the purposes of this paragraph—

(a)

“treatment requirement” means—

(i)

a mental health treatment requirement,

(ii)

a drug rehabilitation requirement, or

(iii)

an alcohol treatment requirement;

(b)

the treatment practitioner is—

(i)

the person specified in the order as the person by whom, or under whose direction, the offender is being treated in pursuance of the requirement, or

(ii)

in the case of a mental health treatment requirement, if no such person is specified, the person by whom, or under whose direction, the offender is being treated in pursuance of the requirement.

Annotations

Commencement

I1: Sch. 16 para. 26 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Notes on Schedule 16

Modifications

C1: Sch. 16 applied (with modifications) by 2006 c. 52, s. 200, Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 paras. 19, 26 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)