(1) This section applies if, in a case where section 36 applies, the hospital order in respect of the patient was made with a restriction order.
(2) If—
(a) a person makes representations about a matter specified in section 36(5) to the local probation board or provider of probation services mentioned in section 36(4) or the relevant probation body, and
(b) it appears to the relevant probation body that the person is the victim of the offence or acts for the victim of the offence,
the relevant probation body must forward the representations to the persons responsible for determining the matter.
(3) The duty in subsection (2) applies only while the restriction order made in respect of the patient is in force.
(4) The Secretary of State must inform the relevant probation body if he is considering—
(a) whether to give a direction in respect of the patient under section 42(1) of the Mental Health Act 1983 (c. 20) (directions lifting restrictions),
(b) whether to discharge the patient under section 42(2) of that Act, either absolutely or subject to conditions, or
(c) if the patient has been discharged subject to conditions, whether to vary the conditions.
(5) The First-tier Tribunal or the Mental Health Review Tribunal for Wales must inform the relevant probation body if—
(a) an application is made to the tribunal 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 tribunal under section 71 of that Act (references concerning restricted patients).
(6) Subsection (7) applies if—
(a) the relevant probation body receives information under subsection (4) or (5), and
(b) a person who appears to the relevant probation body to be the victim of the offence or to act for the victim of the offence—
(i) when his wishes were ascertained under section 36(4), expressed a wish to make representations about a matter specified in section 36(5), or
(ii) has made representations about such a matter to the relevant probation body or the local probation board or provider of probation services mentioned in section 36(4).
(7) The relevant probation body must provide the information to the person.
(8) In this section, “the relevant probation body” is—
(a) in a case where the patient is to be discharged subject to a condition that he reside in a particular area, which is or is part of the area of a local probation board, that local probation board;
(b) in a case where the patient is to be discharged subject to a condition that he reside in a particular area other than one mentioned in paragraph (a), the provider of probation services operating in that area that is identified as the relevant probation body by arrangements under section 3 of the Offender Management Act 2007;
(c) in any other case—
(i) if the hospital in which the patient is detained is situated in the area of a local probation board, that local probation board; and
(ii) if that hospital is not so situated, the provider of probation services operating in the local justice area in which the hospital in which the patient is detained is situated that is identified as the relevant probation body by arrangements under section 3 of the Offender Management Act 2007.
37ZA Victim impact statements where restriction order made
(1) This section applies if, in a case where section 37 applies, an application or reference mentioned in subsection (5) of that section is made to the First-tier Tribunal or the Mental Health Review Tribunal for Wales.
(2) The relevant probation body—
(a) must take all reasonable steps to ascertain whether a person who appears to the body to be the victim of the offence or to act for the victim of the offence wishes to provide a victim impact statement to the body, 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 a matter specified in section 36(5)(a) or (b) (but must not have regard to it for any other purpose).
(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);
“the relevant probation body” has the meaning given in section 37(8);
“victim impact statement” means a statement about the way in which, and degree to which, the offence has affected and (as the case may be) continues to affect the victim or any other person.
37A Representations where restriction order not made
(1) This section applies if, in a case where section 36 applies, the hospital order in respect of the patient was made without a restriction order.
(2) Subsection (3) applies if—
(a) a person makes representations about a matter specified in section 36(5) to the managers of the relevant hospital, and
(b) it appears to the managers that the person is the victim of the offence or acts for the victim of the offence.
(3) The managers must forward the representations to the persons responsible for determining the matter.
(4) The responsible clinician must inform the managers of the relevant hospital if he is considering making—
(a) an order for discharge in respect of the patient under section 23(2) of the Mental Health Act 1983,
(b) a community treatment order in respect of the patient, or
(c) an order under section 17B(4) of the Mental Health Act 1983 to vary the conditions specified in a community treatment order in force in respect of the patient.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The First-tier Tribunal or the Mental Health Review Tribunal for Wales must inform the managers of the relevant hospital if—
(a) an application is made to the tribunal under section 66 or 69 of the Mental Health Act 1983, or
(b) the patient's case is referred to the tribunal under section 67 of that Act.
(7) Subsection (8) applies if—
(a) the managers of the relevant hospital receive information under subsection (4)... or (6), and
(b) a person who appears to the managers to be the victim of the offence or to act for the victim of the offence—
(i) when his wishes were ascertained under section 36(4), expressed a wish to make representations about a matter specified in section 36(5), or
(ii) has made representations about such a matter to the managers of the hospital in which the patient was, at the time in question, detained.
(8) The managers of the relevant hospital must provide the information to the person.
(9) The relevant hospital has the meaning given in section 36A(6).
(1) This section applies if, in a case where section 36 applies, the hospital order in respect of the patient was made with a restriction order.
(2) Subsection (3) applies if a person who appears to the relevant probation body to be the victim of the offence or to act for the victim of the offence—
(a) when his wishes were ascertained under section 36(4), expressed a wish to receive the information specified in section 36(6), or
(b) has subsequently informed the relevant probation body that he wishes to receive that information.
(3) The relevant probation body must take all reasonable steps—
(a) to inform that person whether or not the patient is to be subject to any conditions in the event of his discharge;
(b) if he is, to provide that person with details of any conditions which relate to contact with the victim or his family;
(c) if the restriction order in respect of the patient is to cease to have effect, to notify that person of the date on which it is to cease to have effect;
(d) to provide that person with such other information as the body considers appropriate in all the circumstances of the case.
(4) The Secretary of State must inform the relevant probation body—
(a) whether the patient is to be discharged;
(b) if he is, whether he is to be discharged absolutely or subject to conditions;
(c) if he is to be discharged subject to conditions, what the conditions are to be;
(d) if he has been discharged subject to conditions—
(i) of any variation of the conditions by the Secretary of State;
(ii) of any recall to hospital under section 42(3) of the Mental Health Act 1983 (c. 20);
(e) if the restriction order is to cease to have effect by virtue of action to be taken by the Secretary of State, of the date on which the restriction order is to cease to have effect.
(5) Subsections (6) and (7) apply (instead of subsection (4)) 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 (c. 20) (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 of that Act (references concerning restricted patients).
(6) The tribunal must inform the relevant probation body—
(a) of the matters specified in subsection (4)(a) to (c);
(b) if the patient has been discharged subject to conditions, of any variation of the conditions by the tribunal;
(c) 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.
(7) The Secretary of State must inform the relevant probation body of the matters specified in subsection (4)(d) and (e).
(8) The duties in subsections (3) to (7) apply only while the restriction order is in force.
(9) The relevant probation body has the meaning given in section 37(8).
(1) This section applies if, in a case where section 36 applies, the hospital order in respect of the patient was made without a restriction order.
(2) The responsible clinician must inform the managers of the relevant hospital—
(a) whether he is to make an order for discharge in respect of the patient under section 23(2) of the Mental Health Act 1983;
(b) whether he is to make a community treatment order in respect of the patient;
(c) if a community treatment order is to be made in respect of the patient, what conditions are to be specified in the order;
(d) if a community treatment order is in force in respect of the patient, of any variation to be made under section 17B(4) of the Mental Health Act 1983 of the conditions specified in the order;
(e) if a community treatment order in respect of the patient is to cease to be in force, of the date on which it is to cease to be in force;
(f) if, following the examination of the patient under section 20 of the Mental Health Act 1983, it does not appear to the responsible clinician that the conditions set out in subsection (4) of that section are satisfied, of the date on which the authority for the patient's detention is to expire.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Subsection (5) 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.
(5) The tribunal must inform the managers of the relevant hospital if it directs that the patient is to be discharged.
(6) Subsection (7) applies if a person who appears to the managers of the relevant hospital to be the victim of the offence or to act for the victim of the offence—
(a) when his wishes were ascertained under section 36(4), expressed a wish to receive the information specified in section 36(6), or
(b) has subsequently informed the managers of the relevant hospital that he wishes to receive that information.
(7) The managers of the relevant hospital order must take all reasonable steps—
(a) to inform that person whether the patient is to be discharged under section 23 or 72 of the Mental Health Act 1983;
(b) to inform that person whether a community treatment order is to be made in respect of the patient;
(c) if a community treatment order is to be made in respect of the patient and is to specify conditions which relate to contact with the victim or his family, to provide that person with details of those conditions;
(d) 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, to provide that person with details of any variation which relates to contact with the victim or his family;
(e) if a community treatment order in respect of the patient is to cease to be in force, to inform that person of the date on which it is to cease to be in force;
(f) 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, to inform that person of the date on which the authority is to expire;
(g) to provide that person with such other information as the managers of the relevant hospital consider appropriate in all the circumstances of the case.
(8) The relevant hospital has the meaning given by section 36A(6).
(1) This section applies if, in a case where section 36 applies—
(a) the hospital order in respect of the patient was made with a restriction order, and
(b) the restriction order ceases to have effect while the hospital order continues in force.
(2) Subsection (3) applies if a person who appears to the relevant probation body to be the victim of the offence or to act for the victim of the offence—
(a) when his wishes were ascertained under section 36(4), expressed a wish to make representations about a matter specified in section 36(5) or to receive the information specified in section 36(6), or
(b) has subsequently informed the relevant probation body that he wishes to make representations about such a matter or to receive that information.
(3) The relevant probation body must take all reasonable steps—
(a) to notify the managers of the relevant hospital of an address at which that person may be contacted;
(b) to notify that person of the name and address of the hospital.
(4) While the hospital order continues in force, the patient is to be regarded as a patient in respect of whom a hospital order was made without a restriction order; and sections 37A and 38A are to apply in relation to him accordingly.
(5) The relevant hospital has the meaning given in section 36A(6).
(6) The relevant probation body has the meaning given in section 37(8).
(1) This section applies if—
(a) a person (“the offender”) is convicted of a sexual , violent or terrorism offence,
(b) a relevant sentence is imposed on him in respect of the offence, and
(c) a hospital direction and a limitation direction are given in relation to him by a court dealing with him for the offence.
(2) The local probation board for the area in which the hospital direction is given , or the provider of probation services operating in the local justice area in which the hospital direction is given, must take all reasonable steps to ascertain whether a person who appears to the board to be the victim of the offence or to act for the victim of the offence wishes—
(a) to make representations about the matters specified in subsection (3);
(b) to receive the information specified in subsection (4).
(2A) The provider of probation services mentioned in subsection (2) is the provider of probation services identified as such by arrangements under section 3 of the Offender Management Act 2007.
(3) The matters are—
(a) whether the offender should, in the event of his discharge from hospital while he is subject to a limitation direction, be subject to any conditions and, if so, what conditions;
(aa) what conditions he should be subject to in the event of his discharge from hospital under a community treatment order;
(b) whether the offender should, in the event of his release from hospital, be subject to any licence conditions or supervision requirements and, if so, what licence conditions or supervision requirements;
(c) if the offender is transferred to a prison or other institution in which he might have been detained if he had not been removed to hospital, whether he should, in the event of his release from prison or another such institution, be subject to any licence conditions or supervision requirements and, if so, what licence conditions or supervision requirements.
(4) The information is—
(a) information about any conditions to which the offender is to be subject in the event of his discharge;
(b) information about any licence conditions or supervision requirements to which the offender is to be subject in the event of his release.
(1) This section applies if section 39 applies.
(2) If—
(a) a person makes representations about a matter specified in section 39(3) to the local probation board or provider of probation services mentioned in section 39(2) or the relevant probation body, and
(b) it appears to the relevant probation body that the person is the victim of the offence or acts for the victim of the offence,
the relevant probation body must forward the representations to the persons responsible for determining the matter.
(3) If the representations are about a matter specified in section 39(3)(a), the duty in subsection (2) applies only while the limitation direction given in relation to the offender is in force.
(4) The Secretary of State must inform the relevant probation body if he is considering—
(a) whether to give a direction in respect of the offender under section 42(1) of the Mental Health Act 1983 (c. 20) (directions lifting restrictions),
(b) whether to discharge the offender under section 42(2) of that Act, either absolutely or subject to conditions, or
(c) if the offender has been discharged subject to conditions, whether to vary the conditions.
(5) The First-tier Tribunal or the Mental Health Review Tribunal for Wales must inform the relevant probation body if—
(a) an application is made to the tribunal 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 tribunal under section 71 of that Act (references concerning restricted patients).
(6) Subsection (7) applies if—
(a) the relevant probation body receives information under subsection (4) or (5), and
(b) a person who appears to the relevant probation body to be the victim of the offence or to act for the victim of the offence—
(i) when his wishes were ascertained under section 39(2), expressed a wish to make representations about a matter specified in section 39(3)(a), or
(ii) has made representations about such a matter to the relevant probation body or the local probation board or provider of probation services mentioned in section 39(2).
(7) The relevant probation body must provide the information to the person.
(8) For the purposes of this section, “the relevant probation body” is—
(a) in a case where the offender is to be discharged from hospital subject to a condition that he reside in a particular area, which is or is part of the area of a local probation board, that local probation board;
(b) in a case where the offender is to be discharged from hospital subject to a condition that he reside in a particular area other than one mentioned in paragraph (a), the provider of probation services operating in that area that is identified as the relevant probation body by arrangements under section 3 of the Offender Management Act 2007;
(c) in a case where the offender is to be supervised on release by an officer of a local probation board or an officer of a provider of probation services, that local probation board or that provider of probation services (as the case may be);
(d) in any other case—
(i) if the hospital, prison or other place in which the offender is detained is situated in the area of a local probation board, that area; and
(ii) if that hospital, prison or other place is not so situated, the provider of probation services operating in the local justice area in which the hospital, prison or other place in which the offender is detained is situated, that is identified as the relevant probation body by arrangements under section 3 of the Offender Management Act 2007.
(1) This section applies if section 39 applies.
(2) Subsection (3) applies if a person who appears to the relevant probation body to be the victim of the offence or to act for the victim of the offence—
(a) when his wishes were ascertained under section 39(2), expressed a wish to receive the information specified in section 39(4), or
(b) has subsequently informed the relevant probation body that he wishes to receive that information.
(3) The relevant probation body must take all reasonable steps—
(a) to inform that person whether or not the offender is to be subject to any conditions in the event of his discharge;
(b) if he is, to provide that person with details of any conditions which relate to contact with the victim or his family;
(c) if the limitation direction in respect of the offender is to cease to have effect, to notify that person of the date on which it is to cease to have effect;
(d) to inform that person whether or not the offender is to be subject to any licence conditions or supervision requirements in the event of his release;
(e) if he is, to provide that person with details of any licence conditions or supervision requirements which relate to contact with the victim or his family;
(f) to provide that person with such other information as the board considers appropriate in all the circumstances of the case.
(4) The Secretary of State must inform the relevant probation body—
(a) whether the offender is to be discharged;
(b) if he is, whether he is to be discharged absolutely or subject to conditions;
(c) if he is to be discharged subject to conditions, what the conditions are to be;
(d) if he has been discharged subject to conditions—
(i) of any variation of the conditions by the Secretary of State;
(ii) of any recall to hospital under section 42(3) of the Mental Health Act 1983 (c. 20);
(e) if the limitation direction is to cease to have effect by virtue of action to be taken by the Secretary of State, of the date on which the limitation direction is to cease to have effect.
(5) Subsections (6) and (7) apply (instead of subsection (4)) 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 (c. 20) (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 of that Act (references concerning restricted patients).
(6) The tribunal must inform the relevant probation body—
(a) of the matters specified in subsection (4)(a) to (c);
(b) if the offender has been discharged subject to conditions, of any variation of the conditions by the tribunal;
(c) 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.
(7) The Secretary of State must inform the relevant probation body of the matters specified in subsection (4)(d) and (e).
(8) The duties in subsections (3)(a) to (c) and (4) to (7) apply only while the limitation direction is in force.
(9) The relevant probation body has the meaning given in section 40(8).
(1) This section applies if, in a case where section 39 applies—
(a) the limitation direction in respect of the offender ceases to be in force, and
(b) he is treated for the purposes of the Mental Health Act 1983 as a patient in respect of whom a hospital order has effect.
(2) Subsection (3) applies if a person who appears to the relevant probation body to be the victim of the offence or to act for the victim of the offence—
(a) when his wishes were ascertained under section 39(2), expressed a wish to make representations about a matter specified in section 39(3) or to receive the information specified in section 39(4), or
(b) has subsequently informed the relevant probation body that he wishes to make representations about such a matter or to receive that information.
(3) The relevant probation body must take all reasonable steps—
(a) to notify the managers of the relevant hospital of an address at which that person may be contacted;
(b) to notify that person of the address of the 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 sections 37A and 38A are to apply in relation to him accordingly.
(5) The relevant hospital has the meaning given in section 36A(6).
(6) The relevant probation body has the meaning given in section 40(8).
(1) This section applies if—
(a) a person (“the offender”) is convicted of a sexual , violent or terrorism offence,
(b) a relevant sentence is imposed on him in respect of the offence, and
(c) while the offender is serving the sentence, the Secretary of State gives a transfer direction in respect of the offender (whether or not he also gives a restriction direction in respect of the offender).
(2) The local probation board for the area in which the hospital specified in the transfer direction is situated or the provider of probation services operating in the local justice area in which the hospital specified in the transfer direction is situated must take all reasonable steps to ascertain whether a person who appears to the board or the provider to be the victim of the offence or to act for the victim of the offence wishes—
(a) to make representations about the matters specified in subsection (3);
(b) to receive the information specified in subsection (4).
(2A) The provider of probation services mentioned in subsection (2) is the provider of probation services identified as such by arrangements under section 3 of the Offender Management Act 2007.
(3) The matters are—
(a) whether the offender should be subject to any conditions in the event of his discharge from hospital at a time when a restriction direction is in force in respect of him;
(b) if so, what conditions ;
(c) what conditions he should be subject to in the event of his discharge from hospital under a community treatment order.
(4) The information is information about any conditions to which the offender is to be subject in the event of his discharge from hospital.
42A Supplemental provision for case where no restriction direction given
(1) This section applies if, in a case where section 42 applies, the transfer direction in respect of the patient was given without a restriction direction.
(2) Subsection (3) applies if a person who appears to the local probation board or provider of probation services mentioned in section 42(2) to be the victim of the offence or to act for the victim of the offence, when his wishes are ascertained under section 42(2), expresses a wish—
(a) to make representations about a matter specified in section 42(3), or
(b) to receive the information specified in section 42(4).
(3) The local probation board or provider of probation services must—
(a) notify the managers of the hospital in which the patient is detained of that person's wish and of that person's name and address, and
(b) notify that person of the name and address of the hospital.
(4) Subsection (5) applies if a person who appears to the local probation board or provider of probation services mentioned in section 42(2) to be the victim of the offence or to act for the victim of the offence, subsequently to his wishes being ascertained under section 42(2), expressed a wish to do something specified in subsection (2)(a) or (b).
(5) The local probation board or provider of probation services mentioned in section 42(2) must take all reasonable steps—
(a) to ascertain whether the transfer direction given in respect of the patient continues in force and whether a community treatment order is in force in respect of him, and
(b) if the board or the provider ascertains that the transfer direction does continue in force—
(i) to notify the managers of the relevant hospital of that person's wish, and
(ii) to notify that person of the name and address of the hospital.
(6) The relevant hospital has the meaning given in section 36A(6).
43 Representations where restriction direction made
(1) This section applies if, in a case where section 42 applies, the transfer direction in respect of the patient was given with a restriction direction.
(2) If—
(a) a person makes representations about a matter specified in section 42(3) to the local probation board or provider of probation services mentioned in section 42(2) or the relevant probation body, and
(b) it appears to the relevant probation body that the person is the victim of the offence or acts for the victim of the offence,
the relevant probation body must forward the representations to the persons responsible for determining the matter.
(3) The duty in subsection (2) applies only while the restriction direction given in respect of the offender is in force.
(4) The Secretary of State must inform the relevant probation body if he is considering—
(a) whether to give a direction in respect of the offender under section 42(1) of the Mental Health Act 1983 (c. 20) (directions lifting restrictions),
(b) whether to discharge the offender under section 42(2) of that Act, either absolutely or subject to conditions, or
(c) if the offender has been discharged subject to conditions, whether to vary the conditions.
(5) The First-tier Tribunal or the Mental Health Review Tribunal for Wales must inform the relevant probation body if—
(a) an application is made to the tribunal 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 tribunal under section 71 of that Act (references concerning restricted patients).
(6) Subsection (7) applies if—
(a) the relevant probation body receives information under subsection (4) or (5), and
(b) a person who appears to the relevant probation body to be the victim of the offence or to act for the victim of the offence—
(i) when his wishes were ascertained under section 42(2), expressed a wish to make representations about a matter specified in section 42(3), or
(ii) has made representations about such a matter to the relevant probation body or the local probation board or provider of probation services mentioned in section 42(2).
(7) The relevant probation body must provide the information to the person.
(8) In this section, “the relevant probation body” is—
(a) in a case where the offender is to be discharged subject to a condition that he reside in a particular area, which is or is part of the area of a local probation board, that local probation board;
(b) in a case where the offender is to be discharged subject to a condition that he reside in a particular area other than one mentioned in paragraph (a), the provider of probation services operating in that area that is identified as the relevant probation body by arrangements under section 3 of the Offender Management Act 2007;
(c) in any other case—
(i) if the hospital in which the offender is detained is situated in the area of a local probation board, that area; and
(ii) if that hospital is not so situated, the provider of probation services operating in the local justice area in which the hospital in which the offender is detained is situated, that is identified as the relevant probation body by arrangements under section 3 of the Offender Management Act 2007.
43A Representations where restriction direction not given
(1) This section applies if, in a case where section 42 applies, the transfer direction in respect of the patient was given without a restriction direction.
(2) Subsection (3) applies if—
(a) a person makes representations about a matter specified in section 42(3) to the managers of the relevant hospital, and
(b) it appears to the managers that the person is the victim of the offence or acts for the victim of the offence.
(3) The managers must forward the representations to the persons responsible for determining the matter.
(4) The responsible clinician must inform the managers of the relevant hospital if he is considering making—
(a) an order for discharge in respect of the patient under section 23(2) of the Mental Health Act 1983,
(b) a community treatment order in respect of him, or
(c) an order under section 17B(4) of the Mental Health Act 1983 to vary the conditions specified in a community treatment order in force in respect of the patient.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The First-tier Tribunal or the Mental Health Review Tribunal for Wales must inform the managers of the relevant hospital if—
(a) an application is made to the tribunal under section 66 or 69 of the Mental Health Act 1983, or
(b) the patient's case is referred to the tribunal under section 67 of that Act.
(7) Subsection (8) applies if—
(a) the managers of the relevant hospital receive information under subsection (4)... or (6), and
(b) a person who appears to the managers to be the victim of the offence or to act for the victim of the offence—
(i) when his wishes were ascertained under section 42(2), expressed a wish to make representations about a matter specified in section 42(3), or
(ii) has made representations about such a matter to the managers of the hospital in which the patient was, at the time in question, detained.
(8) The managers of the relevant hospital must provide the information to the person.
(9) The relevant hospital has the meaning given in section 36A(6).
(1) This section applies if, in a case where section 42 applies, the transfer direction in respect of the patient was given with a restriction direction.
(2) Subsection (3) applies if a person who appears to the relevant probation body to be the victim of the offence or to act for the victim of the offence—
(a) when his wishes were ascertained under section 42(2), expressed a wish to receive the information specified in section 42(4), or
(b) has subsequently informed the relevant probation body that he wishes to receive that information.
(3) The relevant probation body must take all reasonable steps—
(a) to inform that person whether or not the offender is to be subject to any conditions in the event of his discharge;
(b) if he is, to provide that person with details of any conditions which relate to contact with the victim or his family;
(c) if the restriction direction in respect of the offender is to cease to have effect, to notify that person of the date on which it is to cease to have effect;
(d) to provide that person with such other information as the board or the body considers appropriate in all the circumstances of the case.
(4) The Secretary of State must inform the relevant probation body—
(a) whether the offender is to be discharged;
(b) if he is, whether he is to be discharged absolutely or subject to conditions;
(c) if he is to be discharged subject to conditions, what the conditions are to be;
(d) if he has been discharged subject to conditions—
(i) of any variation of the conditions by the Secretary of State;
(ii) of any recall to hospital under section 42(3) of the Mental Health Act 1983 (c. 20);
(e) if the restriction direction is to cease to have effect by virtue of action to be taken by the Secretary of State, of the date on which the restriction direction is to cease to have effect.
(5) Subsections (6) and (7) apply (instead of subsection (4)) 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 of that Act (references concerning restricted patients).
(6) The tribunal must inform the relevant probation body—
(a) of the matters specified in subsection (4)(a) to (c);
(b) if the offender has been discharged subject to conditions, of any variation of the conditions by the tribunal;
(c) if the restriction direction is to cease to have effect by virtue of action to be taken by the tribunal, of the date on which the restriction direction is to cease to have effect.
(7) The Secretary of State must inform the relevant probation body of the matters specified in subsection (4)(d) and (e).
(8) The duties in subsections (3) to (7) apply only while the restriction direction is in force.
(9) The relevant probation body has the meaning given in section 43(8).
44A Information where restriction direction not given
(1) This section applies if, in a case where section 42 applies, the transfer direction in respect of the patient was given without a restriction direction.
(2) The responsible clinician must inform the managers of the relevant hospital—
(a) whether he is to make an order for discharge in respect of the patient under section 23(2) of the Mental Health Act 1983;
(b) whether he is to make a community treatment order in respect of the patient;
(c) if a community treatment order is to be made in respect of the patient, what conditions are to be specified in the order;
(d) if a community treatment order is in force in respect of the patient, of any variation to be made under section 17B(4) of the Mental Health Act 1983 of the conditions specified in the order;
(e) if a community treatment order in respect of the patient is to cease to be in force, of the date on which it is to cease to be in force;
(f) if, following the examination of the patient under section 20 of the Mental Health Act 1983, it does not appear to the responsible clinician that the conditions set out in subsection (4) of that section are satisfied, of the date on which the authority for the patient's detention is to expire.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Subsection (5) 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.
(5) The tribunal must inform the managers of the relevant hospital if it directs that the patient be discharged.
(6) Subsection (7) applies if a person who appears to the managers of the relevant hospital to be the victim of the offence or to act for the victim of the offence—
(a) when his wishes were ascertained under section 42(2), expressed a wish to receive the information specified in section 42(4), or
(b) has subsequently informed the managers of the relevant hospital that he wishes to receive that information.
(7) The managers of the relevant hospital order must take all reasonable steps—
(a) to inform that person whether the patient is to be discharged under section 23 or 72 of the Mental Health Act 1983;
(b) to inform that person whether a community treatment order is to be made in respect of the patient;
(c) if a community treatment order is to be made in respect of the patient and is to specify conditions which relate to contact with the victim or his family, to provide that person with details of those conditions;
(d) 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, to provide that person with details of any variation which relates to contact with the victim or his family;
(e) if a community treatment order in respect of the patient is to cease to be in force, to inform that person of the date on which it is to cease to be in force;
(f) 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, to inform that person of the date on which the authority is to expire;
(g) to provide that person with such other information as the managers of the relevant hospital consider appropriate in all the circumstances of the case.
(8) The relevant hospital has the meaning given by section 36A(6).
(1) This section applies if, in a case where section 42 applies—
(a) the transfer direction in respect of the patient was given with a restriction direction, and
(b) the restriction direction ceases to be in force while the transfer direction continues in force.
(2) Subsection (3) applies if a person who appears to the relevant probation body to be the victim of the offence or to act for the victim of the offence—
(a) when his wishes were ascertained under section 42(2), expressed a wish to make representations about a matter specified in section 42(3) or to receive the information specified in section 42(4), or
(b) has subsequently informed the relevant probation body that he wishes to make representations about such a matter or to receive that information.
(3) The relevant probation body must take all reasonable steps—
(a) to notify the managers of the relevant hospital of an address at which that person may be contacted;
(b) to notify that person of the name and address of the hospital.
(4) While the transfer direction continues in force, the patient is to be regarded as a patient in respect of whom a transfer direction was given without a restriction direction; and sections 43A and 44A are to apply in relation to him accordingly.
(5) The relevant hospital has the meaning given in section 36A(6).
(6) The relevant probation body has the meaning given in section 43(8).
(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.
(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.
44E Victim impact statements where restriction order made
(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.
(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.
(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).
(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.
(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.
(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.
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.
(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).
(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.
(1) In sections 35 to 44B this Part—
“community treatment order” has the meaning given in section 17A of the Mental Health Act 1983;
“court” does not include the Court Martial or the Court Martial Appeal Court;
“hospital direction” has the meaning given in section 45A(3)(a) of the Mental Health Act 1983 (c. 20);
“hospital order” has the meaning given in section 37(4) of that Act;
“licence condition” means a condition in a licence;
“life sentence” means a sentence of imprisonment, detention or custody for life, or during His Majesty’s pleasure;
“limitation direction” has the meaning given in section 45A(3)(b) of the Mental Health Act 1983;
“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 (c. 43);
“the managers” has the meaning given in section 145 of the Mental Health Act 1983;
“release” includes temporary release;
“relevant sentence” means any of these—
a sentence of imprisonment for a term of 12 months or more;
a sentence of detention during Her Majesty’s pleasure;
a sentence of detention for a period of 12 months or more under section 250 or 252A of the Sentencing Code (offenders under 18 convicted of certain serious offences);
a detention and training order for a term of 12 months or more;
“responsible clinician” means the responsible clinician for the purposes of Part 3 of the Mental Health Act 1983;
“responsible hospital” has the meaning given in section 17A of the Mental Health Act 1983;
“restriction direction” has the meaning given in section 49(2) of the Mental Health Act 1983;
“restriction order” has the meaning given in section 41(1) of that Act;
“sentence of imprisonment or detention” includes a detention and training order;
“the specified sentence length”, in relation to an offence, means 12 months;
“supervision requirements” means requirements specified in a notice under section 242(4) of the Sentencing Code;
“transfer direction” has the meaning given in section 47(1) of the Mental Health Act 1983.
“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).
(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).
(2) For the purposes of sections 35 to 44B, an offence is a sexual, violent or terrorism offence if it is any of these—
(a) murder or an offence specified in Schedule 18 to the Sentencing Code;
(b) an offence in respect of which the patient or offender is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c. 42));
(c) an offence against a child within the meaning of Part 2 of the Criminal Justice and Court Services Act 2000.
(3) A reference in sections 35 to 44B to a place in which a person is detained includes a reference to a place in which he is liable to be detained under the Mental Health Act 1983.
(4) For the purposes of section 32(3) of that Act (regulations as to delegation of managers' functions, etc.) as applied by Parts 1 and 2 of Schedule 1 to that Act, a function conferred on the managers of a hospital under sections 35 to 44B of this Act is to be treated as a function of theirs under Part 3 of that Act.
(1) The Justice (Northern Ireland) Act 2002 (c. 26) is amended as follows.
(2) After section 69 (views on temporary release) insert—
Information about discharge and leave of absence of mentally disordered persons
69A (1) The Secretary of State must make a scheme requiring the Secretary of State to make available to persons falling within subsection (2) information about—
(a) the discharge from hospital of, or
(b) the grant of leave of absence from hospital to,
persons in respect of whom relevant determinations have been made.
(2) The persons referred to in subsection (1) are victims of the offences in respect of which the determinations were made who wish to receive the information.
(3) A relevant determination is made in respect of a person if—
(a) a hospital order with a restriction order is made in respect of him by a court dealing with him for an offence, or
(b) a transfer direction and a restriction direction are given in respect of him while he is serving a sentence of imprisonment in respect of an offence.
(4) The Secretary of State may from time to time make a new scheme or alterations to a scheme.
(5) The information to be made available under a scheme must include information as to any relevant conditions to which a person in respect of whom a relevant determination has been made is to be subject in the event of—
(a) his discharge from hospital, or
(b) the grant of leave of absence from hospital to him.
(6) A condition is relevant for the purposes of subsection (5) if it appears to the Secretary of State that it might affect a victim of an offence in respect of which the determination was made.
(7) A scheme may require the Secretary of State to take all reasonable steps to ascertain whether a person who appears to him to be the victim of an offence in respect of which a relevant determination has been made wishes to make representations about the matters specified in subsection (8).
(8) The matters are—
(a) whether the person in respect of whom the determination has been made should be subject to any conditions in the event of his discharge from hospital or the grant of leave of absence from hospital to him;
(b) if so, what conditions.
(9) A scheme that includes provision such as is mentioned in subsection (7) must specify how the representations are to be made.
(10) A scheme may require other information in relation to the discharge of, or the grant of leave of absence to, persons in respect of whom relevant determinations are made to be made available under the scheme.
(11) The other information may include, in cases of a description specified by the scheme or in which the Secretary of State considers it appropriate, the date on which it is anticipated that a person in respect of whom a relevant determination has been made will be discharged or granted leave of absence from hospital.
(12) Subsections (5) to (8) of section 68 apply in relation to a scheme made under this section as they apply in relation to a scheme made under that section.
(13) A scheme may make different provision in relation to different descriptions of persons in respect of whom a relevant determination is made.
Views on leave of absence
69B (1) If a person who is the victim of an offence in respect of which a relevant determination has been made makes to the Secretary of State representations falling within subsection (2) the Secretary of State has the obligations specified in subsection (3).
(2) Representations fall within this subsection if they are to the effect that the grant of leave of absence to the person in respect of whom the determination has been made would threaten the safety, or otherwise adversely affect the well-being, of—
(a) the actual victim of the offence in respect of which the determination was made, or
(b) a person who is regarded for the purposes of a scheme under section 69A as a victim of that offence by virtue of section 68(5) (as applied by section 69A(12)).
(3) The Secretary of State must—
(a) have regard to the representations in deciding whether he should give his consent to leave of absence being granted, and
(b) inform the victim of any such decision.
(4) Section 69A(3) (relevant determination) applies for the purposes of this section.
(3) In section 70 (supplementary), after subsection (3) insert—
(4) In sections 68 and 69 references to a person serving a sentence of imprisonment in Northern Ireland include a person detained in hospital pursuant to a transfer direction and a restriction direction.
(5) In subsection (4) and section 69A(3)—
“restriction direction” has the meaning given in Article 55(2) of the Mental Health (Northern Ireland) Order 1986;
“transfer direction” has the meaning given in Article 53(2) of that Order.
(6) In section 69A(3)—
“hospital order” has the meaning given in Article 44(1) of the Mental Health (Northern Ireland) Order 1986;
“restriction order” has the meaning given in Article 47(1) of that Order;
“sentence of imprisonment” has the meaning given in Article 53(5) of that Order.
(7) In sections 69A and 69B “leave of absence” means leave of absence under Article 15 of the Mental Health (Northern Ireland) Order 1986.
(4) In section 90(5) (statutory rules), in paragraph (b) after “section 68” insert “ or 69A ”.
(1) The Secretary of State for Justice must appoint a Commissioner for Victims and Witnesses (referred to in this Part as the Commissioner).
(2) Before appointing the Commissioner the Secretary of State for Justice must consult the Attorney General and the Secretary of State for the Home Department as to the person to be appointed.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The Secretary of State may pay to, or in respect of, the Commissioner amounts—
(a) by way of remuneration, pensions, allowances or gratuities, or
(b) by way of provision for any such benefits.
(7) The Secretary of State may pay sums in respect of the expenses of the Commissioner.
(1) The Commissioner must—
(a) promote the interests of victims and witnesses;
(b) take such steps as he considers appropriate with a view to encouraging good practice in the treatment of victims and witnesses;
(c) keep under review the operation of the code of practice issued under section 32.
(2) The Commissioner may, for any purpose connected with the performance of his duties under subsection (1)—
(a) make proposals to the Secretary of State for Justice for amending the code (at the request of the Secretary of State for Justice or on his own initiative);
(b) make a report to the Secretary of State for Justice;
(c) make recommendations to an authority within his remit (whether or not made by way of inclusion in a report prepared under paragraph (b) or subsection (4));
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) consult any person he thinks appropriate.
(3) If the Commissioner makes a report to the Secretary of State for Justice under subsection (2)(b)—
(a) the Commissioner must send a copy of the report to the Attorney General and the Secretary of State for the Home Department;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The Commissioner must prepare in respect of each calendar year a report on the carrying out of the functions of the Commissioner during the year.
(4A) A report prepared under subsection (2)(b) or (4) may include provision making recommendations to any authority within the Commissioner’s remit.
(5) The Commissioner must send a copy of each report prepared under subsection (4) to—
(a) the Secretary of State for Justice,
(b) the Attorney General, and
(c) the Secretary of State for the Home Department.
(5A) The Commissioner must arrange for each report prepared under subsection (4) to be laid before Parliament.
(6) Reports under subsection (2)(b) or (4) must be published by the Commissioner.
(7) If section 48 comes into force after the beginning of a calendar year, the first report under subsection (4) may relate to a period beginning with the day on which that section comes into force and ending with the end of the next calendar year.
49A Duty to respond to Commissioner’s recommendations
(1) This section applies where the Commissioner publishes a report under section 49(2)(b) or (4) containing recommendations to an authority within the Commissioner’s remit.
(2) The relevant person must prepare comments on the report.
(3) The relevant person is—
(a) where the authority is a government department in the charge of a Minister of the Crown, the Minister, or
(b) in any other case, the authority.
(4) The comments must include, in respect of each recommendation made in the report, an explanation of—
(a) the action which the relevant person has taken, or proposes to take, in response to the recommendation, or
(b) why the relevant person has not taken, or does not propose to take, any action in response.
(5) The relevant person must arrange for the comments to be published in such manner as the person considers appropriate.
(6) The comments must be published before the end of the period of 56 days beginning with the day on which the report is published.
(7) The relevant person must send a copy of anything published under subsection (6) to—
(a) the Commissioner, and
(b) (unless the authority is a government department in the charge of a Minister of the Crown) the Secretary of State.
(1) If he is required to do so by a Minister of the Crown, the Commissioner must give advice to the Minister of the Crown in connection with any matter which—
(a) is specified by the Minister, and
(b) relates to victims or witnesses.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In this section “Minister of the Crown” includes the Treasury.
The Commissioner must not exercise any of his functions in relation to—
(a) a particular victim or witness;
(b) the bringing or conduct of particular proceedings;
(c) anything done or omitted to be done by a person acting in a judicial capacity or on the instructions of or on behalf of such a person.
(1) The Commissioner may request a relevant person to co-operate with the Commissioner in any way that the Commissioner considers necessary for the purposes of the Commissioner’s functions.
(2) A relevant person must comply with a request made to the person under this section, so far as it is appropriate and reasonably practicable for the person to do so.
(3) In this section “relevant person” means a person who is not an individual and is subject to the duty in section 5(1) of the Victims and Prisoners Act 2024 (duty to provide services in accordance with the code issued under section 2 of that Act).
(1) This section applies for the purposes of sections 48 to 51.
(2) “Victim” means—
(a) a victim of an offence, or
(b) a victim of anti-social behaviour.
(3) It is immaterial for the purposes of subsection (2)(a) that—
(a) no person has reported the offence;
(b) no person has been charged with or convicted of the offence.
(4) “Witness” means a person (other than a defendant)—
(a) who has witnessed conduct in relation to which he may be or has been called to give evidence in relevant proceedings;
(b) who is able to provide or has provided anything which might be used or has been used as evidence in relevant proceedings; or
(c) who is able to provide or has provided anything mentioned in subsection (5) (whether or not admissible in evidence in relevant proceedings).
(5) The things referred to in subsection (4)(c) are—
(a) anything which might tend to confirm, has tended to confirm or might have tended to confirm evidence which may be, has been or could have been admitted in relevant proceedings;
(b) anything which might be, has been or might have been referred to in evidence given in relevant proceedings by another person;
(c) anything which might be, has been or might have been used as the basis for any cross examination in the course of relevant proceedings.
(6) For the purposes of subsection (4)—
(a) a person is a defendant in relation to any criminal proceedings if he might be, has been or might have been charged with or convicted of an offence in the proceedings;
(b) a person is a defendant in relation to any other relevant proceedings if he might be, has been or might have been the subject of an order made in those proceedings.
(7) In subsections (4) to (6) “relevant proceedings” means—
(a) criminal proceedings;
(b) proceedings of any other kind in respect of anti-social behaviour.
(8) For the purposes of this section—
(a) “anti-social behaviour” means behaviour by a person which causes or is likely to cause harassment, alarm or distress to one or more persons not of the same household as the person;
(b) a person is a victim of anti-social behaviour if the behaviour has caused him harassment, alarm or distress and he is not of the same household as the person who engages in the behaviour.
(1) For the purposes of this Part the authorities within the Commissioner’s remit are those specified in Schedule 9.
(2) An authority specified in Schedule 9 that has functions in relation to an area outside England and Wales is within the Commissioner’s remit only to the extent that it discharges its functions in relation to England and Wales.
(3) Subsection (2) does not apply in relation to the Foreign and Commonwealth Office.
(4) The Secretary of State for Justice may by order amend Schedule 9 by—
(a) adding an authority appearing to him to exercise functions of a public nature;
(b) omitting an authority;
(c) changing the description of an authority.
(5) In preparing a draft of an order under subsection (4) the Secretary of State for Justice must consult the Attorney General and the Secretary of State for the Home Department.