Domestic Violence, Crime and Victims Act 2004
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Change 1
44K Information where restriction direction not given
(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.
44K Information where restriction direction not given
(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.
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