Crime and Disorder Act 1998

5(1)In subsection (1) of section 12B of the 1969 Act (power to include in supervision order requirements as to mental treatment)—

(a)for the words “medical practitioner”, in the first place where they occur, there shall be substituted the words “registered medical practitioner”;

(b)for the words “his detention in pursuance of a hospital order under Part III” there shall be substituted the words “the making of a hospital order or guardianship order within the meaning”;

(c)in paragraph (a), for the words “fully registered medical practitioner” there shall be substituted the words “registered medical practitioner”;

(d)after that paragraph there shall be inserted the following paragraph—

“(aa)treatment by or under the direction of a chartered psychologist specified in the order;”;

(e)in paragraph (b), for the words “a place” there shall be substituted the words “an institution or place”; and

(f)in paragraph (c), for the words “the said Act of 1983” there shall be substituted the [1983 c. 20.] words “the Mental Health Act 1983”.

(2)After that subsection there shall be inserted the following subsection—

“(1A)In subsection (1) of this section “registered medical practitioner” means a fully registered person within the meaning of the [1983 c. 54.] Medical Act 1983 and “chartered psychologist” means a person for the time being listed in the British Psychological Society’s Register of Chartered Psychologists.”

(3)After subsection (2) of that section there shall be added the following subsection—

“(3)Subsections (2) and (3) of section 54 of the [1983 c. 20.] Mental Health Act 1983 shall have effect with respect to proof for the purposes of subsection (1) above of a supervised person’s mental condition as they have effect with respect to proof of an offender’s mental condition for the purposes of section 37(2)(a) of that Act.”