|
Victims of persons subject to transfer direction and restriction direction
Mr Paul Goggins
NC26
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) | while the offender is serving the sentence, the Secretary of State gives a transfer direction and a restriction direction in respect of him. |
(2) The local probation board for the 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 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 be subject to any conditions in the event of his discharge from hospital; |
| (b) | if so, what conditions. |
(4) The information is information about any conditions to which the offender is to be subject in the event of his discharge from hospital.
(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), the relevant local probation board must forward the 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), 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 restriction 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 restriction direction is in force.
(8) The relevant local probation board is—
| (a) | if the offender 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 offender is detained is situated.'. |
Duties of local probation boards: interpretation
Mr Paul Goggins
NC27
To move the following Clause:—
'(1) In sections [Victims of persons sentenced to imprisonment or detention] to [Victims of persons subject to transfer direction and restriction direction]—
"court" does not include a court-martial or the Courts-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;
"limitation direction" has the meaning given in section 45A(3)(b) of the Mental Health Act 1983 (c.20);
"local probation board" means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 (c.43);
"relevant sentence" means any of these—
| (a) | a sentence of imprisonment for a term of 12 months or more; |
| (b) | a sentence of detention during Her Majesty's pleasure; |
| (c) | a sentence of detention for a period of 12 months or more under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (c.6) (offenders under 18 convicted of certain serious offences); |
| (d) | a detention and training order for a term of 12 months or more; |
"restriction direction" has the meaning given in section 49(2) of the the Mental Health Act 1983 (c.20);
"restriction order" has the meaning given in section 41(1) of that Act;
"supervision requirements" means requirements specified in a notice under section 103(6) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6);
"transfer direction" has the meaning given in section 47(1) of the Mental Health Act 1983 (c.20). (2) An offence is a sexual or violent offence if it is any of these—
| (a) | murder or an offence specified in Schedule 15 to the Criminal Justice Act 2003 (c. 44); |
| (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 (c.43).'. |
Recovery of criminal injuries compensation from offenders
Mr Paul Goggins
NC28
To move the following Clause:—
'(1) The Criminal Injuries Compensation Act 1995 (c.53) is amended as follows.
(2) After section 7 insert—
"7A Recovery of compensation from offenders: general
(1) The Secretary of State may, by regulations made by statutory instrument, make provision for the recovery from an appropriate person of an amount equal to all or part of the compensation paid in respect of a criminal injury.
(2) An appropriate person is a person who has been convicted of an offence in respect of the criminal injury.
(3) The amount recoverable from a person under the regulations must be determined by reference only to the extent to which the criminal injury is directly attributable to an offence of which he has been convicted.
(4) The regulations may confer functions in respect of recovery on—
| (b) | if a Scheme manager has been appointed, persons appointed by the Scheme manager under section 3(4)(a). |
(5) The regulations may not authorise the recovery of an amount in respect of compensation from a person to the extent that the compensation has been repaid in accordance with the Scheme.
7B Recovery notices
(1) If, under regulations made under section 7A(1), an amount has been determined as recoverable from a person, he must be given a notice (a "recovery notice") in accordance with the regulations which—
| (a) | requires him to pay that amount, and |
| (b) | contains the information mentioned in subsection (2). |
(2) The information is—
| (a) | the reasons for the determination that an amount is recoverable from the person; |
| (b) | the basis on which the amount has been determined; |
| (c) | the way in which and the date before which the amount is required to be paid; |
| (d) | the means by which the amount may be recovered if it is not paid in accordance with the notice; |
| (e) | the grounds on which and the procedure by means of which he may seek a review if he objects to— |
| (i) | the determination that an amount is recoverable from him; |
| (ii) | the amount determined as recoverable from him. |
(3) The Secretary of State may by order made by statutory instrument amend subsection (2) by—
| (b) | omitting information; |
| (c) | changing the description of information. |
7C Review of recovery determinations
(1) Regulations under section 7A(1) shall include provision for the review, in such circumstances as may be prescribed by the regulations, of—
| (a) | a determination that an amount is recoverable from a person; |
| (b) | the amount determined as recoverable from a person. |
(2) A person from whom an amount has been determined as recoverable under the regulations may seek such a review only on the grounds—
| (a) | that he has not been convicted of an offence to which the injury is directly attributable; |
| (b) | that the compensation paid was not determined in accordance with the Scheme; |
| (c) | that the amount determined as recoverable from him was not determined in accordance with the regulations. |
(3) Any such review must be conducted by a person other than the person who made the determination under review.
(4) The person conducting any such review may—
| (a) | set aside the determination that the amount is recoverable; |
| (b) | reduce the amount determined as recoverable; |
| (c) | increase the amount determined as recoverable; |
| (d) | determine to take no action under paragraphs (a) to (c). |
(5) But the person conducting any such review may increase the amount determined as recoverable if (but only if) it appears to that person that the interests of justice require the amount to be increased.
7D Recovery proceedings
(1) An amount determined as recoverable from a person under regulations under section 7A(1) is recoverable from him as a debt due to the Crown if (but only if)—
| (a) | he has been given a recovery notice in accordance with the regulations which complies with the requirements of section 7B, and |
| (b) | he has failed to pay the amount in accordance with the notice. |
(2) In any proceedings for the recovery of the amount from a person, it is a defence for the person to show—
| (a) | that he has not been convicted of an offence to which the injury is directly attributable; |
| (b) | that the compensation paid was not determined in accordance with the Scheme; or |
| (c) | that the amount determined as recoverable from him was not determined in accordance with regulations under section 7A. |
(3) In any such proceedings, except for the purposes of subsection (2)(b), no question may be raised or finding made as to the amount that was, or ought to have been, the subject of an award.
(4) For the purposes of section 9 of the Limitation Act 1980 (time limit for actions for sums recoverable by statute to run from date on which cause of action accrued) the cause of action to recover that amount shall be taken to have accrued—
| (a) | on the date on which the compensation was paid; or |
| (b) | if later, on the date on which a person from whom an amount is sought to be recovered was convicted of an offence to which the injury is directly attributable. |
(5) If that person is convicted of more than one such offence and the convictions are made on different dates, the reference in subsection (4)(b) to the date on which he was convicted of such an offence shall be taken to be a reference to the earlier or earliest (as the case may be) of the dates on which he was convicted of such an offence.".
(3) In section 9(7) (financial provisions: sums payable into Consolidated Fund), after "section 3(1)(c)" insert ", or by virtue of regulations made under section 7A(1),".
(4) In section 11, after subsection (8) insert—
"(8A) No regulations under section 7A(1) or order under section 7B(3) shall be made unless a draft of the regulations or order has been laid before Parliament and approved by a resolution of each House.".'.
|
