Community Payback Order: Treatment: Mental Health

Interventions suitable for

Criminal Justice Social Work clients who have a mental health condition which has been assessed by a criminal justice social worker as one which warrants a mental health treatment requirement. However, the circumstances must fall short of meeting the criteria for the individual being made subject to compulsory measures under the 2003 Act by the Mental Health Tribunal or the 1995 Act by the court.

Programme Title and Provider

Mental health treatment requirement

Details of all Specific national or local scheme/intervention(s) available

In imposing a CPO with a mental health treatment requirement, an offender supervision requirement will always be imposed. Any period of a mental health treatment requirement imposed must not exceed the period of time specified in the offender supervision requirement. An individual in respect of whom a CPO with mental health treatment requirement is imposed must agree to the mental health treatment requirement otherwise the requirement cannot be made.

Therefore, a mental health treatment requirement cannot be imposed where the individual meets the criteria for either a compulsory treatment order (under the Mental Health (Care and Treatment) (Scotland) Act 2003 (“the 2003 Act”)) or a compulsion order (under the 1995 Act). Whilst an individual must have a mental health condition to warrant a mental health treatment requirement under a CPO, the circumstances must fall short of meeting the criteria for the individual being made subject to compulsory measures under the 2003 Act by the Mental Health Tribunal or the 1995 Act by the court.

Where the individual’s mental health is assessed as requiring the imposition of more restrictive measures, and where the individual meets the criteria as laid out in section 57A(3) of the 1995 Act, the court should in such cases impose a compulsion order. The purpose of imposing a mental health treatment requirement is to ensure that an individual who has been diagnosed with a mental health condition and/or learning disability which contributes to the individual’s offending receives support, care and treatment to enable them to improve their mental health in terms of their mental health needs.

The responsible officer will hold overall responsibility for the CPO and will encourage concordance in relation to the individual’s engagement with the mental health treatment requirement. This will require regular liaison with mental health specialists involved with the mental health treatment requirement.

Possible Outcomes A mental health treatment requirement is imposed to enable the individual to access assessment and treatment by or under the direction of a registered medical practitioner or registered psychologist with a view to the improvement of the individual’s mental health. This treatment will be determined by the opinion of a registered medical practitioner or registered psychologist and should be recorded and updated in the case management plan. Treatment can be provided to the individual either as: an inpatient in a hospital, (other than in the State Hospital); a non-resident patient at a hospital or other place as may be specified; or may be specified to be under the direction of such registered medical practitioner or registered psychologist as appropriate to the individual in terms of their mental health and social circumstances.

Process for Assessment and/or inclusion in scheme/intervention

For a mental health treatment requirement to be imposed under a CPO, the court has to be satisfied, following evidence from a registered medical practitioner, that:

the individual suffers from a mental health condition;

the condition requires and may be susceptible to treatment; and

that the condition is not such as to require compulsory treatment under section 64 of the 2003 Act or a compulsion order under section 57A of the 1995 Act.

Where consideration is being given after conviction to the imposition of a mental health treatment requirement, to assist in decision making the court may wish to request a psychiatric report which may include a multidisciplinary assessment. The court also has to be satisfied (on evidence from the registered medical practitioner or registered psychologist who will be giving the treatment), that the proposed treatment by the doctor or psychologist for the individual is appropriate, and that arrangements have been made for the treatment to be given to the individual. The CJSWR author must therefore liaise with the relevant medical personnel in advance to determine these facts.