Imposition 2025 - Mental health treatment requirement (MHTR)

A mental health treatment requirement provides treatment to an offender with a mental health condition. Treatment may be residential or non-residential and must be provided by or under the direction of a registered medical practitioner or registered psychologist.

Volume/length range: Duration set by the court, up to the length of the order.

The court must be satisfied: (a) that the mental condition of the offender is such as requires and may be susceptible to treatment but is not such as to warrant the making of a hospital or guardianship order; (b) that arrangements for treatment have been or can be made; (c) that the offender has expressed willingness to comply. The court should consult the Probation Service to ensure these factors are met.

The court must also ensure that the offender is eligible for the treatment before imposing this requirement.

Once this information is obtained by the Probation Service, the court must specify in the order the period or periods for the treatment, the place the treatment will be provided or the registered medical practitioner or registered psychologist by whom or under whose direction it is to be provided.

MHTRs can be used in combination with other treatment requirements (for example drug rehabilitation and alcohol treatment requirements) for eligible offenders with multiple needs.

See Part 9 of Schedule 9 to the Sentencing Code.