Domestic Violence, Crime and Victims Act 2004
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Change 1
44M Power to disclose information to victims
(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.
44M Power to disclose information to victims
(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.
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