Under Domestic Violence, Crime and Victims Act 2004
Supervision orders on finding of insanity or unfitness to plead etc
The following is the Schedule inserted before Schedule 2 to the Criminal Procedure (Insanity) Act 1964 (c. 84)—
Section 5A
A Supervision orders
Part 1Preliminary
1(1)In this Schedule “supervision order” means an order which requires the person in respect of whom it is made (“the supervised person”) to be under the supervision of a social worker or an officer of a local probation board (“the supervising officer”) for a period specified in the order of not more than two years.
(2)A supervision order may, in accordance with paragraph 4 or 5 below, require the supervised person to submit, during the whole of that period or such part of it as may be specified in the order, to treatment by or under the direction of a registered medical practitioner.
(3)The Secretary of State may by order direct that sub-paragraph (1) above shall be amended by substituting, for the period for the time being specified there, such period as may be specified in the order.
(4)An order under sub-paragraph (3) above may make in paragraph 11(2) below any amendment which the Secretary of State thinks necessary in consequence of any substitution made by the order.
(5)The power of the Secretary of State to make orders under sub-paragraph (3) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Circumstances in which orders may be made
2(1)The court shall not make a supervision order unless it is satisfied that, having regard to all the circumstances of the case, the making of such an order is the most suitable means of dealing with the accused or appellant.
(2)The court shall not make a supervision order unless it is also satisfied—
(a)that the supervising officer intended to be specified in the order is willing to undertake the supervision; and
(b)that arrangements have been made for the treatment intended to be specified in the order.
3(1)A supervision order shall either—
(a)specify the local social services authority area in which the supervised person resides or will reside, and require him to be under the supervision of a social worker of the local social services authority for that area; or
(b)specify the local justice area in which that person resides or will reside, and require him to be under the supervision of an officer of a local probation board appointed for or assigned to that area.
(2)Before making such an order, the court shall explain to the supervised person in ordinary language—
(a)the effect of the order (including any requirements proposed to be included in the order in accordance with paragraph 4, 5 or 8 below); and
(b)that a magistrates’ court has power under paragraphs 9 to 11 below to review the order on the application either of the supervised person or of the supervising officer.
(3)After making such an order, the court shall forthwith give copies of the order to an officer of a local probation board assigned to the court, and he shall give a copy—
(a)to the supervised person; and
(b)to the supervising officer.
(4)After making such an order, the court shall also send to the designated officer for the local justice area in which the supervised person resides or will reside (“the local justice area concerned”)—
(a)a copy of the order; and
(b)such documents and information relating to the case as it considers likely to be of assistance to a court acting for that area in the exercise of its functions in relation to the order.
(5)Where such an order is made, the supervised person shall keep in touch with the supervising officer in accordance with such instructions as he may from time to time be given by that officer and shall notify him of any change of address.
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 of whom is duly registered, that the mental condition of the supervised person—
(a)is such as requires and may be susceptible to treatment; but
(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—
(a)treatment as a non-resident patient at such institution or place as may be specified in the order; and
(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—
(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
(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—
(a)treatment as a non-resident patient at such institution or place as may be specified in the order; and
(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—
(a)is not specified in the order, and
(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—
(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
(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.
Requirements as to medical treatment
7While 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.
Requirements as to residence
8(1)Subject to sub-paragraph (2) below, a supervision order may include requirements as to the residence of the supervised person.
(2)Before making such an order containing any such requirement, the court shall consider the home surroundings of the supervised person.
Part 3Revocation and amendment of orders
Revocation of order
9(1)Where a supervision order is in force in respect of any person and, on the application of the supervised person or the supervising officer, it appears to a magistrates’ court acting for the local justice area concerned that, having regard to circumstances which have arisen since the order was made, it would be in the interests of the health or welfare of the supervised person that the order should be revoked, the court may revoke the order.
(2)The court by which a supervision order was made may of its own motion revoke the order if, having regard to circumstances which have arisen since the order was made, it considers that it would be inappropriate for the order to continue.
Amendment of order by reason of change of residence
10(1)This paragraph applies where, at any time while a supervision order is in force in respect of any person, a magistrates’ court acting for the local justice area concerned is satisfied that the supervised person proposes to change, or has changed, his residence from the area specified in the order to another local social services authority area or local justice area.
(2)Subject to sub-paragraph (3) below, the court may, and on the application of the supervising officer shall, amend the supervision order by substituting the other area for the area specified in the order.
(3)The court shall not amend under this paragraph a supervision order which contains requirements which, in the opinion of the court, cannot be complied with unless the supervised person continues to reside in the area specified in the order unless, in accordance with paragraph 11 below, it either—
(a)cancels those requirements; or
(b)substitutes for those requirements other requirements which can be complied with if the supervised person ceases to reside in that area.
Amendment of requirements of order
11(1)Without prejudice to the provisions of paragraph 10 above, but subject to sub-paragraph (2) below, a magistrates’ court for the local justice area concerned may, on the application of the supervised person or the supervising officer, by order amend a supervision order—
(a)by cancelling any of the requirements of the order; or
(b)by inserting in the order (either in addition to or in substitution for any such requirement) any requirement which the court could include if it were the court by which the order was made and were then making it.
(2)The power of a magistrates’ court under sub-paragraph (1) above shall not include power to amend an order by extending the period specified in it beyond the end of two years from the day of the original order.
Amendment of requirements in pursuance of medical report
12(1)Where the medical practitioner by whom or under whose direction the supervised person is being treated for his mental condition in pursuance of any requirement of a supervision order—
(a)is of the opinion mentioned in sub-paragraph (2) below, or
(b)is for any reason unwilling to continue to treat or direct the treatment of the supervised person,
he shall make a report in writing to that effect to the supervising officer and that officer shall apply under paragraph 11 above to a magistrates’ court for the local justice area concerned for the variation or cancellation of the requirement.
(2)The opinion referred to in sub-paragraph (1) above is—
(a)that the treatment of the supervised person should be continued beyond the period specified in the supervision order;
(b)that the supervised person needs different treatment, being treatment of a kind to which he could be required to submit in pursuance of such an order;
(c)that the supervised person is not susceptible to treatment; or
(d)that the supervised person does not require further treatment.
13(1)On the making under paragraph 9 above of an order revoking a supervision order, the designated officer for the local justice area concerned, or (as the case may be) the Crown Court, shall forthwith give copies of the revoking order to the supervising officer.
(2)A supervising officer to whom in accordance with sub-paragraph (1) above copies of a revoking order are given shall give a copy to the supervised person and to the person in charge of any institution in which the supervised person is residing.
14(1)On the making under paragraph 10 or 11 above of any order amending a supervision order, the designated officer for the local justice area concerned shall forthwith—
(a)if the order amends the supervision order otherwise than by substituting a new area or a new place for the one specified in the supervision order, give copies of the amending order to the supervising officer;
(b)if the order amends the supervision order in the manner excepted by paragraph (a) above, send to the designated officer for the new local justice area concerned—
(i)copies of the amending order; and
(ii)such documents and information relating to the case as he considers likely to be of assistance to a court acting for that area in exercising its functions in relation to the order;
and in a case falling within paragraph (b) above, the designated officer for that area shall give copies of the amending order to the supervising officer.
(2)Where the designated officer for the court making the order is also the designated officer for the new local justice area—
(a)sub-paragraph (1)(b) above does not apply; but
(b)the designated officers shall give copies of the amending order to the supervising officer.
(3)Where in accordance with sub-paragraph (1) or (2) above copies of an order are given to the supervising officer, he shall give a copy to the supervised person and to the person in charge of any institution in which the supervised person is or was residing.”
Unfitness to stand trial and insanity: courts-martial etc
Army Act 1955 (3 & 4 Eliz. 2 c. 18) and Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
The Courts-Martial (Appeals) Act 1968 is amended as follows.
7For section 16 substitute—
“16Substitution of finding of insanity or findings of unfitness to stand trial etc.
(1)This section applies where, on an appeal against conviction, the Appeal Court, on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved, are of opinion—
(a)that the proper finding would have been one of not guilty by reason of insanity; or
(b)that the case is not one where there should have been a finding of not guilty, but that there should have been findings that the accused was unfit to stand trial and that he did the act or made the omission charged against him.
(2)The Appeal Court shall make in respect of the appellant—
(a)a hospital order (with or without a restriction order);
(b)a supervision order; or
(c)an order for his absolute discharge.
(3)Where—
(a)the offence to which the appeal relates is an offence the sentence for which is fixed by law, and
(b)the Appeal Court have power to make a hospital order,
the Appeal Court shall make a hospital order with a restriction order (whether or not they would have power to make a restriction order apart from this subsection).
(4)The provisions of, or made under, the sections specified below shall apply (with any necessary modifications) in relation to the Appeal Court as they apply in relation to a court-martial.
The sections are—
(c)where the relevant Service Act is the Army Act, sections 116B to 116D of that Act;
(d)where the relevant Service Act is the Air Force Act, sections 116B to 116D of that Act;
(e)where the relevant Service Act is the Naval Discipline Act, sections 63B to 63D of that Act.
(5)Where the Appeal Court make an interim hospital order by virtue of this section—
(a)the power of renewing or terminating it and of dealing with the appellant on its termination shall be exercisable by a judicial officer and not by the Appeal Court; and
(b)section 38(7) of the Mental Health Act 1983 (absconding offenders) shall have effect as if the reference to the court that made the order were a reference to a judicial officer.
(6)Where the Appeal Court make a supervision order by virtue of this section, any power of revoking or amending it shall be exercisable by a judicial officer and not by the Appeal Court.”
8In section 21 (appeal against finding of not guilty by reason of insanity), in subsection (1), after “except” insert “ section 8(2) and ”.
11(1)Section 24 (appeal against finding of unfitness to stand trial) is amended as follows.
(2)In subsection (1)—
(a)for “his trial” substitute “ trial and to have done the act or made the omission charged against him ”;
(b)for “the finding” substitute “ either or both of those findings ”.
(3)In subsection (2), after “except” insert “ section 8(2) and ”.
12For section 25 substitute—
“25Disposal of appeal under s. 24
(1)This section applies to appeals under section 24 of this Act.
(2)Where the Appeal Court allow an appeal against a finding that the appellant is unfit to stand trial—
(a)the appellant may be tried accordingly for the offence with which he was charged; and
(b)the Court may make such orders as appear to them necessary or expedient pending any such trial for the custody, release or continued detention of the appellant.
(3)Where, otherwise than in a case falling within subsection (2) above, the Appeal Court allow an appeal against a finding that the appellant did the act or made the omission charged against him, the Court shall, in addition to quashing the finding, direct a finding of not guilty to be recorded (but not a finding of not guilty by reason of insanity).”
13After that section insert—
“Appeal against order made in cases of insanity or unfitness to stand trial
Right of appeal against hospital order etc.
25ARight of appeal against hospital order etc.
(1)A person in whose case a court-martial—
(a)makes a hospital order or interim hospital order by virtue of the relevant Service Act, or
(b)makes a supervision order under the relevant Service Act,
may appeal to the Appeal Court against the order.
(2)An appeal under this section lies only with the leave of the Appeal Court.
Disposal of appeal under s. 25A
(1)If on an appeal under section 25A of this Act the Appeal Court consider that the appellant should be dealt with differently from the way in which the court below dealt with him—
(a)they may quash any order which is the subject of the appeal; and
(b)they may make such order, whether by substitution for the original order or by variation of or addition to it, as they think appropriate for the case and as the court below had power to make.
(2)The fact that an appeal is pending against an interim hospital order under the Mental Health Act 1983 shall not affect the power of the court below to renew or terminate the order or deal with the appellant on its termination.
(3)Where the Appeal Court make an interim hospital order by virtue of this section—
(a)the power of renewing or terminating it and of dealing with the appellant on its termination shall be exercisable by a judicial officer and not by the Appeal Court; and
(b)section 38(7) of the said Act of 1983 (absconding offenders) shall have effect as if the reference to the court that made the order were a reference to a judicial officer.
(4)The fact that an appeal is pending against a supervision order under the relevant Service Act shall not affect any power conferred on any other court to revoke or amend the order.
(5)Where the Appeal Court make a supervision order by virtue of this section, any power of revoking or amending it shall be exercisable by a judicial officer and not by the Appeal Court.”
14(1)Section 57 (interpretation) is amended as follows.
(2)In subsection (1) insert at the relevant places—
““duly approved” means approved for the purposes of section 12 of the Mental Health Act 1983 by the Secretary of State as having special experience in the diagnosis and treatment of mental disorder (within the meaning of that Act);”;
““hospital order” has the meaning given in section 37 of the Mental Health Act 1983;”;
““interim hospital order” has the meaning given in section 38 of that Act;”;
““judicial officer” has the same meaning as in the relevant Service Act;”;
““restriction order” has the meaning given to it by section 41 of the Mental Health Act 1983;”;
““supervision order” means an order which requires the person in respect of whom it is made to be under the supervision of another person for a period specified in the order of not more than two years.”
