Part 2 Making and Effect of Orders
Criminal Procedure (Scotland) Act 1995 (1995 c 46) | Legislation

Part 2 Making and Effect of Orders

Circumstances in which orders may be made

2

(1)     The court shall not make a supervision and treatment order unless it is satisfied—

(a)     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 person; and

(b)     on the written or oral evidence of two or more medical practitioners approved for the purposes of section 20 . . . of the [1984 c. 36.] Mental Health (Scotland) Act 1984, that the mental condition of the person—

(i)     is such as requires and may be susceptible to treatment; but

(ii)     is not such as to warrant the making of an order under paragraph (a) of subsection (2) of section 57 of this Act (whether with or without an order under paragraph (b) of that subsection) or an order under paragraph (c) of that subsection.

(2)     The court shall not make a supervision and treatment 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

Powered by Lexis+®
 

Popular documents

LEXISNEXIS

Serving outside the jurisdiction with court permission—application and order

This Practice Note addresses issues when serving out of the jurisdiction and the permission of the court is required. It explains how to make an application and the form of order required. An application to serve out of the jurisdiction is generally made without notice and on the papers. Key

LEXISNEXIS

A married but non-cohabiting couple are looking to extend their leave under Tier 2 (General). They have

A married but non-cohabiting couple are looking to extend their leave under Tier 2 (General). They have not been living at the same address in the UK since 2017 but are in a genuine relationship. What effect will this have on their extension application?Immigration Rules, Part 8, para 319C sets out

LEXISNEXIS

Public inquiry procedure

Public inquiry procedureThe procedure by which a public inquiry is conducted will vary significantly from one inquiry to the next. Even for inquiries established under the Inquiries Act 2005 (IA 2005), the associated inquiry rules are not particularly prescriptive as to how they ought to be

LEXISNEXIS

How is the National Employment Savings Trust (NEST) different from a typical occupational pension scheme?

How is the National Employment Savings Trust (NEST) different from a typical occupational pension scheme?In this Practice Note, references to the National Employment Savings Trust (NEST) Order are to the National Employment Savings Trust Order 2010, SI 2010/917 (NEST Order) applicable from 25 May