PROBATION ACT (NORTHERN IRELAND)1950 - SECT 2 Probation orders requiring treatment for mental condition.

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PROBATION ACT (NORTHERN IRELAND)1950 - SECT 2

Probation orders requiring treatment for mental condition.

2.(1) Where the court is satisfied, on the evidence of a registered medical
practitioner [appointed for the purposes of section nineteen of the Mental
Health Act (Northern Ireland), 1961, that the mental condition of an offender
is such as requires and may be susceptible to treatment but is not such as to
warrant his detention in pursuance of a hospital order under Part III of that
Act], the court may, if it makes a probation order, include therein a
requirement that the offender shall submit, for such period not extending
beyond twelve months from the date of the order as may be specified therein,
to treatment by or under the direction of a registered medical practitioner
with a view to the improvement of the offender's 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 (whether as an in-patient or an out-patient) at such hospital as may be specified in the order, being a hospital within the meaning of the [Health and Personal Social Services (Northern Ireland) Order 1972], approved by the [Ministry of Health and Social Services] for the purposes of this section; or


(b)...

(c)...]

(d)treatment by or under the direction of such registered medical practitioner
as may be specified in the order;

(3) A court shall not make a probation order containing such a requirement as
aforesaid unless it is satisfied that arrangements have been ... made for the
treatment intended to be specified in the order, and, if the offender is to be
treated as an in-patient, for his reception.

(4) While the probationer is under treatment pursuant to a requirement of the
probation order as an in-patient, the probation officer responsible for his
supervision shall carry out the supervision to such extent only as may be
necessary for the purpose of the discharge or amendment of the order.

(5) Where the medical practitioner by whom or under whose direction a
probationer is being treated for his mental condition in pursuance of a
probation order is of opinion that part of the treatment can be better or more
conveniently given in or at a hospital or place not specified in the order,
being a hospital or place in or at which the treatment of the probationer will
be given by or under the direction of a registered medical practitioner, he
may make arrangements for him to be treated accordingly; and the arrangements
may provide for the probationer to receive part of his treatment as a resident
patient in a hospital or place notwithstanding that the hospital or place is
not one which could have been specified in that behalf in the probation order.

(6) Where any such arrangements as are mentioned in the last preceding
sub-section are made for the treatment of a probationer

(a)the medical practitioner by whom the arrangements are made shall give
notice in writing to the probation officer responsible for the supervision of
the probationer, specifying the hospital or place 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
probation order.

Subs.(7) rep. by 1961 c.15 (NI) s.116(2) sch.7

[(8) Sub-sections (2) and (3) of section fifty of the Mental Health Act
(Northern Ireland), 1961 (which relate to medical reports tendered in evidence
under that section), shall apply for the purposes of this section as if for
the reference in the said sub-section (2) to paragraph (a) of sub-section (1)
of section forty-eight of that Act there were substituted a reference to
sub-section (1) of this section.

(9) ...]

(10) Except as provided by this section, a court shall not make a
probation order requiring a probationer to submit to treatment for his mental
condition:

Proviso rep. by 1961 c.15 (NI) s.116(2) sch.7

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Northern Irish Legislation

PROBATION ACT (NORTHERN IRELAND)1950 - SECT 2