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Procedure for determining fitness to be tried: Northern Ireland
Mr Paul Goggins
NC21
To move the following Clause:—
'(1) The Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I.4) is amended as follows.
(2) In Article 49 (finding of unfitness to be tried), in paragraph (4) (question of fitness to be determined by a jury), for the words from "by a jury" to the end substitute "by the court without a jury".
(3) In paragraph (4A) of that Article, for "A jury" substitute "The court".
(4) In paragraph (1) of Article 49A (finding that the accused did the act or omission charged against him), for "jury" substitute "court".
(5) For paragraph (5) of that Article substitute—
"(5) Where the question of fitness to be tried was determined after arraignment of the accused, the determination under paragraph(2) is to be made by the jury by whom he was being tried."'.
Victims of persons sentenced to imprisonment or detention
Mr Paul Goggins
NC23
To move the following Clause:—
'(1) This section applies if—
| (a) | a court convicts a person ("the offender") of a sexual or violent offence, and |
| (b) | a relevant sentence is imposed on him in respect of the offence. |
(2) But section [Victims of persons subject to hospital direction and limitation direction] applies (instead of this section) if a hospital direction and a limitation direction are given in relation to the offender.
(3) The local probation board for the area in which the sentence is imposed 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 (4); |
| (b) | to receive the information specified in subsection (5). |
(4) The matters are—
| (a) | whether the offender should be subject to any licence conditions or supervision requirements in the event of his release; |
| (b) | if so, what licence conditions or supervision requirements. |
(5) The information is information about any licence conditions or supervision requirements to which the offender is to be subject in the event of his release.
(6) If a person whose wishes have been ascertained under subsection (3) makes representations to the local probation board mentioned in that subsection or the relevant local probation board about a matter specified in subsection (4), the relevant local probation board must forward those representations to the persons responsible for determining the matter.
(7) If a local probation board has ascertained under subsection (3) that a person wishes to receive the information specified in subsection (5), the relevant local probation board must take all reasonable steps—
| (a) | to inform the person whether or not the offender is to be subject to any licence conditions or supervision requirements in the event of his release, |
| (b) | if he is, to provide the person with details of any licence conditions or supervision requirements which relate to contact with the victim or his family, and |
| (c) | to provide the person with such other information as the relevant local probation board considers appropriate in all the circumstances of the case. |
(8) The relevant local probation board is—
| (a) | in a case where the offender is to be supervised on release by an officer of a local probation board, that local probation board; |
| (b) | in any other case, the local probation board for the area in which the prison or other place in which the offender is detained is situated.'. |
Victims of persons subject to hospital order with restriction order
Mr Paul Goggins
NC24
To move the following Clause:—
'(1) This section applies if the conditions in subsections (2) and (3) are met.
(2) The first condition is that one of these applies in respect of a person ("the patient") charged with a sexual or violent offence—
| (a) | the patient is convicted of the offence; |
| (b) | a verdict is returned that the patient is not guilty of the offence by reason of insanity; |
| (i) | under section 4 of the Criminal Procedure (Insanity) Act 1964 (c.84) that the patient is under a disability, and |
| (ii) | under section 4A of that Act that he did the act or made the omission charged against him as the offence. |
(3) The second condition is that a hospital order with a restriction order is made in respect of the patient by a court dealing with him for the offence.
(4) The local probation board for the area in which the determination mentioned in subsection (2)(a), (b) or (c) is made 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 (5); |
| (b) | to receive the information specified in subsection (6). |
(5) The matters are—
| (a) | whether the patient should be subject to any conditions in the event of his discharge from hospital; |
| (b) | if so, what conditions. |
(6) The information is information about any conditions to which the patient is to be subject in the event of his discharge from hospital.
(7) If a person whose wishes have been ascertained under subsection (4) makes representations to the local probation board mentioned in that subsection or the relevant local probation board about a matter specified in subsection (5), the relevant local probation board must forward those representations to the persons responsible for determining the matter.
(8) If a local probation board has ascertained under subsection (4) that a person wishes to receive the information specified in subsection (6), the relevant local probation board must take all reasonable steps—
| (a) | to inform the 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 the 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 the person of the date on which it is to cease to have effect, and |
| (d) | to provide the person with such other information as the relevant local probation board considers appropriate in all the circumstances of the case. |
(9) The duties in subsections (7) and (8) apply only while the restriction order is in force.
(10) The relevant local probation board is—
| (a) | if the patient is to be discharged subject to a condition that he reside in a particular area, the local probation board for the area; |
| (b) | in any other case, the local probation board for the area in which the hospital in which the patient is detained is situated.'. |
Victims of persons subject to hospital direction and limitation direction
Mr Paul Goggins
NC25
To move the following Clause:—
'(1) This section applies if—
| (a) | a person ("the offender") is convicted of a sexual or violent 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 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). |
(3) The matters are—
| (a) | whether the offender should, in the event of his discharge from hospital, be subject to any conditions and, if so, what conditions; |
| (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. |
(5) If a person whose wishes have been ascertained under subsection (2) makes representations to the local probation board mentioned in that subsection or the relevant local probation board about a matter specified in subsection (3)(a), the relevant local probation board must forward those representations to the persons responsible for determining the matter.
(6) If a local probation board has ascertained under subsection (2) that a person wishes to receive the information specified in subsection (4)(a), the relevant local probation board must take all reasonable steps—
| (a) | to inform the 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 the 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 the person of the date on which it is to cease to have effect, and |
| (d) | to provide the person with such other information as the relevant local probation board considers appropriate in all the circumstances of the case. |
(7) The duties in subsections (5) and (6) apply only while the limitation direction is in force.
(8) If a person whose wishes have been ascertained under subsection (2) makes representations to the local probation board mentioned in that subsection or the relevant local probation board about a matter specified in subsection (3)(b) or (c), the relevant local probation board must forward those representations to the persons responsible for determining the matter.
(9) If a local probation board has ascertained under subsection (2) that a person wishes to receive the information specified in subsection (4)(b), the relevant local probation board must take all reasonable steps—
| (a) | to inform the person whether or not the offender is to be subject to any licence conditions or supervision requirements in the event of his release, |
| (b) | if he is, to provide the person with details of any licence conditions or supervision requirements which relate to contact with the victim or his family, and |
| (c) | to provide the person with such other information as the relevant local probation board considers appropriate in all the circumstances of the case. |
(10) The relevant local probation board 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, the local probation board for that area; |
| (b) | in a case where the offender is to be supervised on release by an officer of a local probation board, that local probation board; |
| (c) | in any other case, the local probation board for the area in which the hospital, prison or other place in which the offender is detained is situated.'. |
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