Schedule 2 Victims’ rights to make representations and receive information etc
Section 7
Part 1 Representations and information
Introduction
1 The Domestic Violence, Crime and Victims Act 2004 is amended as follows.
2 (1) Chapter 2 of Part 3 (representations and information) becomes Chapter 1 of a new Part 3A.
(2) New Part 3A (created by sub-paragraph (1)) is to have the heading “Victims’ rights to make representations and receive information etc”.
(3) Chapter 3 of Part 3 (other matters relating to victims etc) becomes a new Part 3B with the heading “Other matters relating to victims etc”.
Part 2 Information
Introduction
23 New Part 3A of the Domestic Violence, Crime and Victims Act 2004 (created by paragraph 2(1) of this Schedule) is amended as follows.
Victims’ rights to receive information
24 After section 44B insert—
Chapter 2 Information: victims’ rights
Imprisonment or detention
Victims’ rights to receive information
44C (1) This section applies if—
(a) one of these applies in respect of a person—
(i) the person is convicted of an offence listed in Part 1 of Schedule 6A and a sentence of imprisonment or detention for a term of less than the specified sentence length is imposed on the offender in respect of the offence,
(ii) the person is convicted of an offence listed in Part 3 of Schedule 6A and a sentence of imprisonment or detention is imposed on the offender in respect of the offence, or
(iii) the person is convicted of an offence where the behaviour giving rise to the offence involved domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act) and a sentence of imprisonment or detention is imposed on the offender in respect of the offence,
(b) the provider of probation services receives a request for information to be provided in accordance with this section, and
(c) the person who made the request appears to the provider of probation services to be the victim of the offence or to act for the victim of the offence.
(2) But section 44H applies (instead of this section) if a hospital direction and a limitation direction are given in relation to the offender.
(3) The provider of probation services must take all reasonable steps—
(a) so far as the provider considers it appropriate to do so, to provide the person who made the request with—
(i) information about the release, or consideration for release, of the offender;
(ii) information about the imposition of licence conditions or supervision requirements in connection with the offender’s release;
(iii) details of any such conditions or requirements which the provider considers relate to the victim or the victim’s family;
(b) to provide the person with such other information as the provider considers appropriate in all the circumstances of the case.
Hospital orders
Information where restriction order made
44D (1) This section applies if—
(a) a person (“the patient”) is charged with—
(i) an offence that is listed in Part 3 of Schedule 6A, or
(ii) an offence where the behaviour giving rise to the charge involved domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act),
(b) one of these applies in respect of the patient—
(i) the patient is convicted of the offence;
(ii) a verdict is returned that the patient is not guilty of the offence by reason of insanity;
(iii) a finding is made under section 4 of the Criminal Procedure (Insanity) Act 1964 that the patient is under a disability, and under section 4A of that Act that the patient did the act or made the omission charged against the patient as the offence,
(c) a hospital order is made with a restriction order in respect of the patient by a court dealing with the patient for the offence,
(d) the provider of probation services receives a request for information to be provided in accordance with this section, and
(e) the person who made the request appears to the provider of probation services to be the victim of the offence or to act for the victim of the offence.
(2) The provider of probation services must take all reasonable steps to ascertain whether the hospital order and the restriction order made in respect of the patient continue in force.
(3) If the hospital order and the restriction order continue in force, the provider of probation services must take all reasonable steps—
(a) so far as the provider considers it appropriate to do so, to provide the person who made the request with—
(i) information about the discharge, or consideration for discharge, of the patient;
(ii) information about the imposition of conditions in connection with the patient’s discharge;
(iii) details of any such conditions which the provider considers relate to the victim or the victim’s family;
(b) if the restriction order in respect of the patient is to cease to have effect, so far as the provider considers it appropriate to do so, to notify that person of the date on which it is to cease to have effect;
(c) so far as the provider considers it appropriate to do so, to provide the person with—
(i) information about the grant to the patient of leave to be absent from hospital under section 17 of the Mental Health Act 1983, or the consideration of the patient for such leave;
(ii) information about the imposition of conditions in connection with the grant to the patient of such leave;
(iii) details of any such conditions which the provider considers relate to the victim or the victim’s family;
(d) to provide that person with such other information as the provider considers appropriate in all the circumstances of the case.
(4) The Secretary of State must give the provider of probation services such information as the Secretary of State considers appropriate for the purpose of enabling the provider to carry out its functions under subsection (3).
(5) But the Secretary of State is not required by subsection (4) to give the provider of probation services information that the tribunal is required to give the provider under subsection (7).
(6) Subsection (7) applies if—
(a) an application is made to the First-tier Tribunal or the Mental Health Review Tribunal for Wales by the patient under section 69, 70 or 75 of the Mental Health Act 1983 (applications concerning restricted patients), or
(b) the Secretary of State refers the patient’s case to the First-tier Tribunal or the Mental Health Review Tribunal for Wales under section 71 or 75 of that Act (applications and references concerning restricted patients).
(7) The tribunal must inform the provider of probation services—
(a) whether the patient is to be discharged;
(b) if so, whether the patient is to be discharged absolutely or subject to conditions;
(c) if the patient is to be discharged subject to conditions, what the conditions are to be;
(d) if the patient has been discharged subject to conditions, of any variation of the conditions by the tribunal;
(e) if the restriction order is to cease to have effect by virtue of action to be taken by the tribunal, of the date on which the restriction order is to cease to have effect.
Victim impact statements where restriction order made
44E (1) This section applies where—
(a) a person (“the patient”) is charged with—
(i) an offence that is listed in Part 3 of Schedule 6A, or
(ii) an offence where the behaviour giving rise to the charge involved domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act),
(b) one of these applies in respect of the patient—
(i) the patient is convicted of the offence;
(ii) a verdict is returned that the patient is not guilty of the offence by reason of insanity;
(iii) a finding is made under section 4 of the Criminal Procedure (Insanity) Act 1964 that the patient is under a disability, and under section 4A of that Act that the patient did the act or made the omission charged against the patient as the offence,
(c) a hospital order is made with a restriction order in respect of the patient by a court dealing with the patient for the offence,
(d) either—
(i) an application is made to the First-tier Tribunal or the Mental Health Review Tribunal for Wales by the patient under section 69, 70 or 75 of the Mental Health Act 1983 (applications concerning restricted patients), or
(ii) the Secretary of State refers the patient’s case to the tribunal under section 71 or 75 of that Act (references concerning restricted patients), and
(e) the provider of probation services considers it appropriate to give a person who appears to the provider to be the victim of the offence the opportunity to provide a victim impact statement under this section.
(2) The provider of probation services—
(a) must take all reasonable steps to ascertain whether the person wishes to provide a victim impact statement to the provider, and
(b) if the person provides such a statement, must forward it to the tribunal.
(3) Where a victim impact statement has been forwarded to the tribunal under subsection (2), the tribunal must—
(a) allow the person who made the statement to request permission to read the statement to the tribunal at a relevant hearing, and
(b) grant such permission unless the tribunal considers that there are good reasons not to.
(4) The tribunal may have regard to the statement when determining any of the following matters (but must not have regard to it for any other purpose)—
(a) whether the patient should be subject to any conditions in the event of the patient’s discharge from hospital while a restriction order is in force in respect of the patient;
(b) if so, what conditions;
(c) what conditions the patient should be subject to in the event of the patient’s discharge from hospital under a community treatment order.
(5) In this section—
“relevant hearing” means any hearing held by the tribunal before making a decision which disposes of proceedings on the application or reference mentioned in subsection (1)(d);
“victim impact statement” means a statement about the way in which, and the degree to which, the offence has affected and (as the case may be) continues to affect the victim or any other person.
Information where restriction order not made
44F (1) This section applies if—
(a) a person (“the patient”) is charged with—
(i) an offence that is listed in Part 3 of Schedule 6A, or
(ii) an offence where the behaviour giving rise to the charge involved domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act),
(b) one of these applies in respect of the patient—
(i) the patient is convicted of the offence;
(ii) a verdict is returned that the patient is not guilty of the offence by reason of insanity;
(iii) a finding is made under section 4 of the Criminal Procedure (Insanity) Act 1964 that the patient is under a disability, and under section 4A of that Act that the patient did the act or made the omission charged against the patient as the offence,
(c) a hospital order is made without a restriction order in respect of the patient by a court dealing with the patient for the offence,
(d) the provider of probation services receives a request for information to be provided in accordance with this section, and
(e) the person who made the request appears to the provider of probation services to be the victim of the offence or to act for the victim of the offence.
(2) The provider of probation services must take all reasonable steps to ascertain—
(a) whether the hospital order made in respect of the patient continues in force, and
(b) if so, whether a community treatment order is in force in respect of the patient.
(3) If the hospital order made in respect of the patient continues in force—
(a) the provider of probation services must take all reasonable steps to notify the managers of the relevant hospital of the request and of the name and address of the person who made it, and
(b) the provider may notify that person of the name and address of the relevant hospital.
(4) If notified under subsection (3)(a), the managers of the relevant hospital must take all reasonable steps—
(a) so far as the managers consider it appropriate to do so, to provide the person who made the request or the provider of probation services with—
(i) information about the discharge, or consideration for discharge, of the patient under section 23 or 72 of the Mental Health Act 1983;
(ii) information about the making of a community treatment order in respect of the patient;
(iii) details of any conditions specified in a community treatment order made in respect of the patient which the managers consider relate to the victim or the victim’s family;
(b) if a community treatment order is in force in respect of the patient and the conditions specified in the order are to be varied under section 17B(4) of the Mental Health Act 1983, so far as the managers consider it appropriate to do so, to provide that person or the provider with details of any variation which the managers consider relates to the victim or the victim’s family;
(c) if a community treatment order in respect of the patient is to cease to be in force, so far as the managers consider it appropriate to do so, to inform that person or the provider of the date on which it is to cease to be in force;
(d) if, following the examination of the patient under section 20 of the Mental Health Act 1983, the authority for the patient’s detention is not to be renewed, so far as the managers consider it appropriate to do so, to inform that person or the provider of the date on which the authority is to expire;
(e) so far as the managers consider it appropriate to do so, to provide that person or the provider with—
(i) information about the grant to the patient of leave to be absent from hospital under section 17 of the Mental Health Act 1983, or the consideration of the patient for such leave;
(ii) information about the imposition of conditions in connection with the grant to the patient of such leave;
(iii) details of any such conditions which the managers consider relate to the victim or the victim’s family;
(f) to provide that person or the provider with such other information as the managers consider appropriate in all the circumstances of the case.
(5) If the provider of probation services is provided with information under subsection (4), it must, so far as it considers it appropriate to do so, provide the information to the person who made the request.
(6) The responsible clinician must provide the managers of the relevant hospital with any information which the responsible clinician has and which is requested by the managers for the purpose of carrying out their functions under subsection (4).
(7) Subsection (8) applies if—
(a) an application is made to the First-tier Tribunal or the Mental Health Review Tribunal for Wales under section 66 or 69 of the Mental Health Act 1983,
(b) the patient’s case is referred to the First-tier Tribunal or the Mental Health Review Tribunal for Wales under section 67 of that Act, or
(c) the managers of the relevant hospital refer the patient’s case to the First-tier Tribunal or the Mental Health Review Tribunal for Wales under section 68 of that Act.
(8) The tribunal must inform the managers of the relevant hospital if it directs that the patient is to be discharged.
(9) In this section “the relevant hospital” is—
(a) the hospital in which the patient is detained, or
(b) if a community treatment order is in force in respect of the patient, the responsible hospital.
Removal of restriction
44G (1) This section applies if—
(a) the provider of probation services is required to provide information to a person in accordance with section 44D, and
(b) the restriction order mentioned in section 44D(1)(c) has ceased to have effect (whether before or after the request for the information was made) while the hospital order continues in force.
(2) The provider of probation services must take all reasonable steps to notify the managers of the relevant hospital of an address at which the person who made the request for the information may be contacted.
(3) The provider of probation services may notify the person who made the request of the name and address of the relevant hospital.
(4) While the hospital order continues in force—
(a) the patient in respect of whom the hospital order was made with the restriction order is to be regarded as a patient in respect of whom a hospital order was made without a restriction order; and section 44F applies in relation to the patient accordingly, and
(b) the request for information under section 44D is to be treated as a request for information to be provided in accordance with section 44F.
(5) In this section “the relevant hospital” has the meaning given by section 44F(9).
Hospital directions
Information
44H (1) This section applies if—
(a) one of these applies in respect of a person—
(i) the person is convicted of an offence that is listed in Part 1 of Schedule 6A and a sentence of imprisonment or detention for a term of less than the specified sentence length is imposed on the person in respect of the offence,
(ii) the person is convicted of an offence that is listed in Part 3 of Schedule 6A and a sentence of imprisonment or detention is imposed on the person in respect of the offence, or
(iii) the person is convicted of an offence where the behaviour giving rise to the offence involved domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act) and a sentence of imprisonment or detention is imposed on the person in respect of the offence,
(b) a hospital direction and a limitation direction are given in relation to the offender by a court dealing with the offender for the offence,
(c) the provider of probation services receives a request for information to be provided in accordance with this section, and
(d) the person who made the request appears to the provider of probation services to be the victim of the offence or to act for the victim of the offence.
(2) The provider of probation services must take all reasonable steps to ascertain whether the hospital direction and the limitation direction given in respect of the offender continue in force.
(3) If the hospital direction and the limitation direction continue in force, the provider of probation services must take all reasonable steps—
(a) so far as the provider considers it appropriate to do so, to provide the person who made the request with—
(i) information about the discharge, or consideration for discharge, of the offender;
(ii) information about the imposition of conditions in connection with the offender’s discharge;
(iii) details of any such conditions which the provider considers relate to the victim or the victim’s family;
(b) if the limitation direction in respect of the offender is to cease to have effect, so far as the provider considers it appropriate to do so, to notify that person of the date on which it is to cease to have effect;
(c) so far as the provider considers it appropriate to do so, to provide that person with—
(i) information about the release, or consideration for release, of the offender;
(ii) information about the imposition of licence conditions or supervision requirements in connection with the offender’s release;
(iii) details of any such conditions or requirements which the provider considers relate to the victim or the victim’s family;
(d) so far as the provider considers it appropriate to do so, to provide that person with—
(i) information about the grant to the offender of leave to be absent from hospital under section 17 of the Mental Health Act 1983, or the consideration of the offender for such leave;
(ii) information about the imposition of conditions in connection with the grant to the offender of such leave;
(iii) details of any such conditions which the provider considers relate to the victim or the victim’s family;
(e) to provide that person with such other information as the provider considers appropriate in all the circumstances of the case.
(4) The Secretary of State must give the provider of probation services such information as the Secretary of State considers appropriate for the purpose of enabling the provider to carry out its functions under subsection (3).
(5) But the Secretary of State is not required by subsection (4) to give the provider of probation services information that the tribunal is required to give the provider under subsection (7).
(6) Subsection (7) applies if—
(a) an application is made to the First-tier Tribunal or the Mental Health Review Tribunal for Wales by the offender under section 69, 70 or 75 of the Mental Health Act 1983 (applications concerning restricted patients), or
(b) the Secretary of State refers the offender’s case to the First-tier tribunal or the Mental Health Review Tribunal for Wales under section 71 or 75 of that Act (applications and references concerning restricted patients).
(7) The tribunal must inform the provider of probation services—
(a) whether the offender is to be discharged;
(b) if so, whether the offender is to be discharged absolutely or subject to conditions;
(c) if the offender is to be discharged subject to conditions, what the conditions are to be;
(d) if the offender has been discharged subject to conditions, of any variation of the conditions by the tribunal;
(e) if the limitation direction is to cease to have effect by virtue of action to be taken by the tribunal, of the date on which the limitation direction is to cease to have effect.
Removal of restriction
44I (1) This section applies if—
(a) the provider of probation services is required to provide information to a person in accordance with section 44H,
(b) the limitation direction mentioned in section 44H(1)(b) has ceased to have effect (whether before or after the request for the information was made), and
(c) the offender in respect of whom the request for the information was made is treated for the purposes of the Mental Health Act 1983 as a patient in respect of whom a hospital order has effect.
(2) The provider of probation services must take all reasonable steps to notify the managers of the relevant hospital of an address at which the person who made the request for the information may be contacted.
(3) The provider of probation services may notify the person who made the request of the name and address of the relevant hospital.
(4) The offender is to be regarded as a patient in respect of whom a hospital order was made without a restriction order; and section 44F applies in relation to the offender accordingly.
(5) The request for information under section 44H is to be treated as a request for information to be provided in accordance with section 44F.
(6) In this section “the relevant hospital” means the hospital in which the offender is detained.
Transfer directions
Information where restriction direction given
44J (1) This section applies if—
(a) one of these applies in respect of a person—
(i) the person is convicted of an offence listed in Part 1 of Schedule 6A and a sentence of imprisonment or detention for a term of less than the specified sentence length is imposed on the offender in respect of the offence,
(ii) the person is convicted of an offence listed in Part 3 of Schedule 6A and a sentence of imprisonment or detention is imposed on the offender in respect of the offence, or
(iii) the person is convicted of an offence where the behaviour giving rise to the offence involved domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act) and a sentence of imprisonment or detention is imposed on the person in respect of the offence,
(b) while the person is serving the sentence, the Secretary of State gives a transfer direction with a restriction direction in respect of the person,
(c) the provider of probation services receives a request for information to be provided in accordance with this section, and
(d) the person who made the request appears to the provider of probation services to be the victim of the offence or to act for the victim of the offence.
(2) The provider of probation services must take all reasonable steps to ascertain whether the transfer direction and the restriction direction continue in force.
(3) If the transfer direction and the restriction direction continue in force, the provider of probation services must take all reasonable steps—
(a) so far as the provider considers it appropriate to do so, to provide the person who made the request with—
(i) information about the discharge, or consideration for discharge, of the patient;
(ii) information about the imposition of conditions in connection with the patient’s discharge;
(iii) details of any such conditions which the provider considers relate to the victim or the victim’s family;
(b) if the restriction direction in respect of the patient is to cease to have effect, so far as the provider considers it appropriate to do so, to notify that person of the date on which it is to cease to have effect;
(c) so far as the provider considers it appropriate to do so, to provide that person with—
(i) information about the release, or consideration for release, of the patient;
(ii) information about the imposition of licence conditions or supervision requirements in connection with the patient’s release;
(iii) details of any such conditions or requirements which the provider considers relate to the victim or the victim’s family;
(d) so far as the provider of probation services considers it appropriate to do so, to provide that person with—
(i) information about the grant to the patient of leave to be absent from hospital under section 17 of the Mental Health Act 1983, or the consideration of the patient for such leave;
(ii) information about the imposition of conditions in connection with the grant to the patient of such leave;
(iii) details of any such conditions which the provider considers relate to the victim or the victim’s family;
(e) to provide that person with such other information as the provider considers appropriate in all the circumstances of the case.
(4) The Secretary of State must give the provider of probation services such information as the Secretary of State considers appropriate for the purpose of enabling the provider to carry out its functions under subsection (3).
(5) But the Secretary of State is not required by subsection (4) to give the provider of probation services information that the tribunal is required to give the provider under subsection (7).
(6) Subsection (7) applies if—
(a) an application is made to the First-tier Tribunal or the Mental Health Review Tribunal for Wales by the patient under section 69, 70 or 75 of the Mental Health Act 1983 (applications concerning restricted patients), or
(b) the Secretary of State refers the patient’s case to the First-tier Tribunal or the Mental Health Review Tribunal for Wales under section 71 or 75 of that Act (applications and references concerning restricted patients).
(7) The tribunal must inform the provider of probation services—
(a) whether the patient is to be discharged;
(b) if so, whether the patient is to be discharged absolutely or subject to conditions;
(c) if the patient is to be discharged subject to conditions, what the conditions are to be;
(d) if the patient has been discharged subject to conditions, of any variation of the conditions by the tribunal;
(e) if the restriction order is to cease to have effect by virtue of action to be taken by the tribunal, of the date on which the restriction order is to cease to have effect.
Information where restriction direction not given
44K (1) This section applies if—
(a) one of these applies in respect of a person—
(i) the person is convicted of an offence listed in Part 1 of Schedule 6A and a sentence of imprisonment or detention for a term of less than 12 months is imposed on the offender in respect of the offence,
(ii) the person is convicted of an offence listed in Part 3 of Schedule 6A and a sentence of imprisonment or detention is imposed on the offender in respect of the offence, or
(iii) the person is convicted of an offence where the behaviour giving rise to the offence involved domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act) and a sentence of imprisonment or detention is imposed on the person in respect of the offence,
(b) while the person is serving the sentence, the Secretary of State gives a transfer direction without a restriction direction in respect of the person,
(c) the provider of probation services receives a request for information to be provided in accordance with this section, and
(d) the person who made the request appears to the provider of probation services to be the victim of the offence or to act for the victim of the offence.
(2) The provider of probation services must take all reasonable steps to ascertain—
(a) whether the transfer direction given in respect of the patient continues in force, and
(b) if so, whether a community treatment order is in force in respect of the patient.
(3) If the transfer direction given in respect of the patient continues in force—
(a) the provider of probation services must take all reasonable steps to notify the managers of the relevant hospital of the request and of the name and address of the person who made it, and
(b) the provider of probation services may notify the person of the name and address of the relevant hospital.
(4) If notified under subsection (3)(a), the managers of the relevant hospital must take all reasonable steps—
(a) so far as the managers consider it appropriate to do so, to provide the person who made the request or the provider of probation services with—
(i) information about the discharge, or consideration for discharge, of the patient under section 23 or 72 of the Mental Health Act 1983;
(ii) information about the making of a community treatment order in respect of the patient;
(iii) details of any conditions specified in a community treatment order made in respect of the patient which the managers consider relate to the victim or the victim’s family;
(b) if a community treatment order is in force in respect of the patient and the conditions specified in the order are to be varied under section 17B(4) of the Mental Health Act 1983, so far as the managers consider it appropriate to do so, to provide that person or the provider with details of any variation which the managers consider relates to the victim or the victim’s family;
(c) if a community treatment order in respect of the patient is to cease to be in force, so far as the managers consider it appropriate to do so, to inform that person or the provider of the date on which it is to cease to be in force;
(d) if, following the examination of the offender under section 20 of the Mental Health Act 1983, the authority for the patient’s detention is not to be renewed, so far as the managers consider it appropriate to do so, to inform that person or the provider of the date on which the authority is to expire;
(e) so far as the managers consider it appropriate to do so, to provide that person or the provider with—
(i) information about the grant to the patient of leave to be absent from hospital under section 17 of the Mental Health Act 1983, or the consideration of the offender for such leave;
(ii) information about the imposition of conditions in connection with the grant to the patient of such leave;
(iii) details of any such conditions which the managers consider relate to the victim or the victim’s family;
(f) to provide that person or the provider with such other information as the managers of the relevant hospital consider appropriate in all the circumstances of the case.
(5) If the provider of probation services is provided with information under subsection (4), it must provide the information to the person who made the request.
(6) The responsible clinician must provide the mangers of the relevant hospital with any information which the responsible clinician has and which is requested by the managers for the purpose of carrying out their functions under subsection (4).
(7) Subsection (8) applies if—
(a) an application is made to the First-tier Tribunal or the Mental Health Review Tribunal for Wales under section 66 or 69 of the Mental Health Act 1983,
(b) the patient’s case is referred to the First-tier Tribunal or the Mental Health Review Tribunal for Wales under section 67 of that Act, or
(c) the managers of the relevant hospital refer the patient’s case to the First-tier Tribunal or the Mental Health Review Tribunal for Wales under section 68 of that Act.
(8) The tribunal must inform the managers of the relevant hospital if it directs that the patient be discharged.
(9) In this section “the relevant hospital” means—
(a) the hospital in which the patient is detained, or
(b) if a community treatment order is in force in respect of the patient, the responsible hospital.
Removal of restriction
44L (1) This section applies if—
(a) the provider of probation services is required to provide information to a person in accordance with section 44J, and
(b) the restriction direction mentioned in section 44J(1)(b) has ceased to have effect (whether before or after the request for the information was made) while the transfer direction continues in force.
(2) The provider of probation services must take all reasonable steps to notify the managers of the relevant hospital of an address at which the person who made the request for the information may be contacted.
(3) The provider of probation services may notify that person of the name and address of the hospital.
(4) While the transfer direction continues in force—
(a) the patient in respect of whom the transfer direction was made with the restriction direction is to be regarded as a patient in respect of whom a transfer direction was made without a restriction direction; and section 44K applies in relation to the offender accordingly, and
(b) the request for information under section 44J is to be treated as a request for information to be provided in accordance with section 44K.
(5) In this section “the relevant hospital” has the meaning given by section 44K(9).
25 After Chapter 2 (inserted by paragraph 24 of this Schedule) insert—
Chapter 3 Information: powers etc
Power to disclose information to victims
44M (1) This section applies if—
(a) one of the conditions specified in the table is met in relation to a person (“the offender”),
(b) the provider of probation services receives a request for information to be provided in accordance with this section from a person who appears to the provider to be the victim of the offence in respect of which the condition is met or of similar criminal conduct carried out by the offender, or to act for such a victim, and
(c) the provider of probation services considers that the victim would be at risk of physical or psychological harm if the information is not provided in accordance with this section.
Condition | Specified provision
the person is serving a sentence of imprisonment or detention in England and Wales in respect of an offence | section 44C
a hospital order is made with a restriction order in relation to the person by a court dealing with the person for an offence | section 44D
a hospital order is made without a restriction order in relation to the person by a court dealing with the person for an offence | section 44F
a hospital direction and a limitation direction are given in relation to the person by a court dealing with the person for an offence | section 44H
the Secretary of State gives a transfer direction with a restriction direction in respect of the person while the person is serving a sentence of imprisonment or detention in England and Wales in respect of an offence | section 44J
the Secretary of State gives a transfer direction without a restriction direction in respect of the person while the person is serving a sentence of imprisonment or detention in England and Wales in respect of an offence | section 44K
(2) The provider of probation services may provide the person who made the request with any information that would be required or permitted to be provided to that person (by the provider or otherwise) under Chapter 2 of this Part if the request were made under the provision specified in the relevant entry in column 2 of the table.
(3) Where—
(a) a person would be required or permitted to provide information to the provider of probation services or to the managers of a hospital under Chapter 2 of this Part if the request mentioned in subsection (1)(b) were made under the provision specified in the relevant entry in column 2 of the table, and
(b) the provider of probation services or hospital managers request the information from that person,
that person must take all reasonable steps to provide the information to the provider or hospital managers.
(4) In this section—
(a) “offence” includes an offence under the law of any place outside England and Wales;
(b) “similar criminal conduct”, in relation to an offence, means conduct that—
(i) the provider of probation services considers to be similar to the conduct constituting the offence, and
(ii) itself constitutes an offence;
(c) “victim” includes a person who is a victim within the meaning of section 1 of the Victims and Prisoners Act 2024 by virtue of subsection (2)(a) of that section.
Victim impact statements where hospital order made with restriction order
44N (1) This section applies where—
(a) one of these applies in respect of a person (“the patient”) charged with an offence—
(i) the patient is convicted of the offence;
(ii) a verdict is returned that the patient is not guilty of the offence by reason of insanity;
(iii) a finding is made under section 4 of the Criminal Procedure (Insanity) Act 1964 that the patient is under a disability, and under section 4A of that Act that the patient did the act or made the omission charged against the patient as the offence,
(b) a hospital order is made with a restriction order in respect of the patient by a court dealing with the patient for the offence,
(c) the provider of probation services provides information in accordance with section 44M about the patient to a person who appears to the provider to be the victim of the offence, or to act for the victim of the offence,
(d) either—
(i) an application is made to the First-tier Tribunal or the Mental Health Review Tribunal for Wales by the patient under section 69, 70 or 75 of the Mental Health Act 1983 (applications concerning restricted patients), or
(ii) the Secretary of State refers the patient’s case to the tribunal under section 71 or 75 of that Act (references concerning restricted patients), and
(e) the provider of probation services considers it appropriate to give the person who appears to the provider to be the victim of the offence the opportunity to provide a victim impact statement under this section.
(2) The provider of probation services—
(a) must take all reasonable steps to ascertain whether the person who appears to the provider to be the victim of the offence wishes to provide a victim impact statement to the provider, and
(b) if the person provides such a statement, must forward it to the tribunal.
(3) Where a victim impact statement has been forwarded to the tribunal under subsection (2), the tribunal must—
(a) allow the person who made the statement to request permission to read the statement to the tribunal at a relevant hearing, and
(b) grant such permission unless the tribunal considers that there are good reasons not to.
(4) The tribunal may have regard to the statement when determining any of the following matters (but must not have regard to it for any other purpose)—
(a) whether the patient should be subject to any conditions in the event of the patient’s discharge from hospital while a restriction order is in force in respect of the patient;
(b) if so, what conditions;
(c) what conditions the patient should be subject to in the event of the patient’s discharge from hospital under a community treatment order.
(5) In this section—
“relevant hearing” means any hearing held by the tribunal before making a decision which disposes of proceedings on the application or reference mentioned in subsection (1)(d);
“victim” includes a person who is a victim within the meaning of section 1 of the Victims and Prisoners Act 2024 by virtue of subsection (2)(a) of that section;
“victim impact statement” means a statement about the way in which, and the degree to which, the offence has affected and (as the case may be) continues to affect the victim or any other person.
Saving for other powers of provider of probation services
44O Nothing in this Part limits any power that the provider of probation services has otherwise than under this Part.
Part 4 Consequential and other provision
Introduction
27 The Domestic Violence, Crime and Victims Act 2004 is amended as follows.
Consequential provision etc
28 Section 45 (interpretation: sections 35 to 44B) and section 46 (victims of mentally disordered persons) become new Chapter 4 of new Part 3A (created by paragraph 2(1) of this Schedule) with the heading “Interpretation etc”.
29 Omit the italic heading before section 45.
30 (1) Section 45 is amended as follows.
(2) In subsection (1)—
(a) in the words before the list of definitions, for “sections 35 to 44B” substitute “this Part”;
(b) omit the definitions of “local probation board” and “relevant sentence”;
(c) at the appropriate places insert—;
“life sentence” means a sentence of imprisonment, detention or custody for life, or during His Majesty’s pleasure;
;
“release” includes temporary release;
;
“sentence of imprisonment or detention” includes a detention and training order;
;
“the specified sentence length”, in relation to an offence, means 12 months;
;
“victim” means a person who is a victim within the meaning given by section 1 of the Victims and Prisoners Act 2024 other than by virtue of subsection (2)(a) of that section (but see sections 44M(4)(c) and 44N(5) which extend the definition of victim in those sections).
(3) After subsection (1) insert—
(1A) A reference in any provision of this Part to “the provider of probation services” is—
(a) where there is only one provider of probation services within the meaning given by section 3(6) of the Offender Management Act 2007, to that provider;
(b) otherwise, to the provider of probation services identified as having the functions of the provider of probation services for the purposes of that provision by arrangements under section 3 of that Act (and different providers may be identified for different purposes).
(4) Omit subsection (2).
(5) In subsection (3), for “sections 35 to 44B” substitute “this Part”.
(6) In subsection (4), for “sections 35 to 44B of this Act” substitute “this Part”.
(7) In the heading, for “: sections 35 to 44B” substitute “of Part 3A”.
31 After section 45 insert—
Power to amend list of offences in Schedule 6A
45A The Secretary of State may by regulations amend the list of offences for the time being specified in Schedule 6A.
Power to specify duration of term of imprisonment etc
45B The Secretary of State may by regulations amend this Part for the purposes of changing the meaning of “the specified sentence length” either generally or in relation to particular offences.
32 Omit the italic heading before section 46 (victims of mentally disordered persons).
33 In section 46, in the heading, at the end insert “: Northern Ireland”.
34 (1) Section 61 of the Domestic Violence, Crime and Victims Act 2004 (orders) is amended as follows.
(2) In subsection (1), in the words before paragraph (a), after “order” insert “or regulations”.
(3) In subsection (2), after “order” insert “or regulations”.
(4) In subsection (4)—
(a) after “order”, in both places it occurs, insert “or regulations”;
(b) after “section 14(5),” insert “45A, 45B,”.
(5) In the heading, at the end insert “and regulations”.
Propose a change