Criminal Justice and Immigration Act 2008

Mental health treatment at place other than that specified in order

This section has no associated Explanatory Notes

21(1)Where the registered medical practitioner or chartered psychologist by whom or under whose direction an offender is being treated in pursuance of a mental health treatment requirement 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 youth rehabilitation order, and

(b)is one in or at which the treatment of the offender will be given by or under the direction of a registered medical practitioner or chartered psychologist,

the medical practitioner or psychologist may make arrangements for the offender to be treated accordingly.

(2)Such arrangements as are mentioned in sub-paragraph (1) may only be made if the offender has expressed willingness for the treatment to be given as mentioned in that sub-paragraph.

(3)Such arrangements as are mentioned in sub-paragraph (1) may provide for part of the treatment to be provided to the offender as a resident patient in an institution or place notwithstanding that the institution or place is not one which could have been specified for that purpose in the youth rehabilitation order.

(4)Where any such arrangements as are mentioned in sub-paragraph (1) are made for the treatment of an offender—

(a)the registered medical practitioner or chartered psychologist by whom the arrangements are made must give notice in writing to the offender’s responsible 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 is deemed to be treatment to which the offender is required to submit in pursuance of the youth rehabilitation order.