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Domestic Violence, Crime and Victims Act 2004

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Change 1

What to do with it
As published

44C Victims’ rights to receive information

(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.

Your change, as a redline

44C Victims’ rights to receive information

(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.

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