Domestic Violence, Crime and Victims Act 2004
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Change 1
44H Information
(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.
44H Information
(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.
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