Criminal Procedure (Insanity) Act - Supervision orders

Apologies if you have seen this elsewhere on other forums but I’m having to cast the net, so to speak…

A local Crown Court is to make a Supervision Order under the Criminal Procedure (Insanity) Act but I cannot find any guidance on what this actually means in practice. Does anyone know of any national guidance/standards, or any local policy they would be willing to share?

I have a feeling that because this is an old piece of law there won’t be any but more than happy to be proved wrong.

Many thanks, Jamie

Hi Jamie,

This is taken from Thomas’ Sentencing Referencer 2021 [para 110-004 onwards]:

Definition “Supervision order” means an order which requires the person in respect of who it is made (“the supervised person”) to be under the supervision of a social worker, an officer of a local probation board or an officer of a provider of probation services (“the supervising officer”) for a period specified in the order of not more than two years: CP(I)A 1964 Sch.1A para.1(1).

Test The court must 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 person: CP(I)A 1964 Sch.1A para.2(1).

Requirements The court must not make a supervision order unless it is satisfied that the supervising officer intended to be specified in the order is willing to undertake the supervision, and that arrangements have been made for the treatment intended to be specified in the order: CP(I)A 1964 Sch.1A para.2(2).

Treatment A supervision order may include a requirement that the supervised person shall, bring the whole or part of the period specified in the order, submit to treatment by or under the direction of a registered medical practitioner with a view to the improvement of their mental condition.

A treatment requirement may be imposed only if the court is satisfied on the written or oral evidence of two or more registered medical practitioners that the mental condition of the supervised person is such as requires and may be susceptible to treatment, but is not such as to warrant the making of a hospital order.

The treatment required may be treatment as a non-resident patient at a specified institution or place and treatment by or under the direction of a specified registered medical practitioner: CP(I)A 1964 Sch,1A para.4(1)-(4).

Residence A supervision order may include requirements as to the residence of the supervised person: CP(I)A 1964 Sch.1A para.3.

Explaining the order Before making a supervision order, the court must explain in ordinary language the effect of the order and that a magistrates’ court has power to review the order on the application either of the supervised person or of the supervising officer: CP(I)A 1964 Sch.1A para. 3(2).

I hope that’s helpful, although probably not as it is essentially a repetition of Sch.1A. I have certainly never seen such an order before. I’m not surprised that guidance is difficult to find!

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Clause 17 of the domestic violence crime and victims bill, explanatory notes has some guidance on the available options for the supervisory order but that’s about the only information I have been able to find.

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