What is a mental health treatment requirement?
A MHTR is an option for your sentence if you have mental health difficulties.
This can include anxiety or depression and you do not need to have seen a doctor for this.
A MHTR would be part of a community or suspended sentence. This means to get a MHTR your crime must fall within this range.
People on an MHTR will receive around 12 sessions with a mental health practitioner where you can talk about ways to help your mental health and wellbeing. This might include relaxation, mindfulness, noticing thoughts and how these are linked to what you feel.
There are also similar options for those battling with drugs and alcohol. These are called ‘drug rehabilitation requirement’ and ‘alcohol treatment requirement’.
You can receive both a MHTR and for either drugs or alcohol.
How do I qualify for a MHTR?
An MHTR might be right for you if:
- you are over 18 years old
- you suffer from anxiety or depression
- you are happy to attend the sessions
- you agree to do the MHTR
- a Judge in court agrees
What’s involved in accessing a MHTR?
Firstly, the probation service would have a conversation with the MHTR team.
The MHTR team would then agree a time to speak to you and carry out an assessment. This can either take place on the phone or in person.
They will ask you questions about:
- your mental health
- your physical health
- your mood and sleep patterns
- your emotions and feelings
If you decide it’s something you’d like to go ahead with after the assessment, the team will decide if a MHTR will help you and your wellbeing.
The team will then explain to the court what they think and probation would put this in their report, called a ‘pre-sentence report’.
What happens after court?
If the Judge agrees, they will sentence you to an MHTR.
You will have a probation practitioner who will support you and you will meet them within five days of being sentenced.
Next, you will be told which mental health practitioner you will see. This will be in a 1:1 session.
The sessions can take place in your probation office, in mental health offices, in agreed buildings that you can get to, or online.
You will meet with your probation practitioner and mental health practitioner to plan how best to support the MHTR. Generally, you will meet with your practitioner weekly (unless agreed otherwise) for around 12 sessions.
You will agree what subjects will be helpful to talk about and what you’d like to achieve in the sessions.
You may also be asked to carry out tasks outside of the session too.
How does probation fit in?
Before the first session, you will have a meeting with your probation practitioner and your mental health practitioner.
This meeting will plan what will happen and how they will both support you. After each session the mental health practitioner will tell your probation practitioner that you attended the session.
Each session will be confidential – your mental health practitioner will not discuss your conversations unless there is a clear reason to do so.
Useful information (such as appointment reminders) may also be shared with your probation practitioner, to make sure you do not miss any sessions.
Breach
You may hear people talking about ‘breaches’ or ‘breaching’.
The MHTR is a sentence given by the court. This means if you do not attend sessions without a valid reason (such as being ill), then you may have to go back to court.
This would be a ‘breach’ of the sentence and the Judge would decide on an outcome.
Agreeing to do the MHTR
To do a MHTR you have to be happy to commit to every session and agree to take part. This is referred to as ‘consent’.
You can decide at any point that you do not want to do the MHTR. If you have been granted a MHTR by the court and later decide you do not want to do it, then you may have to go back to court.
Referrals
To be referred for a MHTR, please speak with your probation practitioner or the person you meet from the liaison and diversion (L&D) service.
Feedback
Please let your care team know if you want to comment on whether:
- this information is useful
- any information is missing
- you do not understand the information
Do you have concerns or complaints?
If you have concerns or complaints about a service, you can:
- tell a member of staff
- call our patient advice and liaison service (Complaints) – freephone 0800 052 0219
- email tewv.pals@nhs.net
Information in other languages and formats
All our information leaflets are available in many formats – please contact a member of staff if you would like this leaflet in:
- another language
- large print
- audio
- braille
L1189, v1 23/07/2023 (archive 22/07/26)
