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Amendment Paper as at
Wednesday 27th October 2004

CONSIDERATION OF BILL


DOMESTIC VIOLENCE, CRIME AND VICTIMS BILL [LORDS], AS AMENDED

NOTE

The Amendments have been arranged in accordance with the Domestic Violence, Crime and Victims Bill [Lords] (Programme) (No. 2).

NEW CLAUSES

Victims of persons subject to hospital order with restriction order: representations

   

Mr Secretary Blunkett

NC10

To move the following Clause:—

    '(1)   This section applies if section 36 applies.

    (2)   If —

      (a) a person makes representations about a matter specified in section 36(5) to the local probation board mentioned in section 36(4) or the relevant local probation board, and

      (b) it appears to the relevant local probation board that the person is the victim of the offence or acts for the victim of the offence,

    the relevant local probation board 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 local probation board 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)   A Mental Health Review Tribunal must inform the relevant local probation board if—

      (a) an application is made to the tribunal 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 tribunal under section 71 of that Act (references concerning restricted patients).

    (6)   Subsection (7) applies if—

      (a) the relevant local probation board receives information under subsection (4) or (5), and

      (b) a person who appears to the relevant local probation board 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 local probation board or the local probation board mentioned in section 36(4).

    (7)   The relevant local probation board must provide the information to the person.

    (8)   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 order with restriction order: information

   

Mr Secretary Blunkett

NC11

To move the following Clause:—

    '(1)   This section applies if section 36 applies.

    (2)   Subsection (3) applies if a person who appears to the relevant local probation board 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 local probation board that he wishes to receive that information.

    (3)   The relevant local probation board 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 board considers appropriate in all the circumstances of the case.

    (4)   The Secretary of State must inform the relevant local probation board —

      (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 a Mental Health Review Tribunal 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 a Mental Health Review Tribunal under section 71 of that Act (references concerning restricted patients).

    (6)   The tribunal must inform the relevant local probation board—

      (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 local probation board 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 local probation board has the meaning given in section [Victims of persons subject to hospital order with restriction order: representations](8).'.


Victims of persons subject to hospital direction and limitation direction: representations

   

Mr Secretary Blunkett

NC12

To move the following Clause:—

    '(1)   This section applies if section 37 applies.

    (2)   If —

      (a) a person makes representations about a matter specified in section 37(3) to the local probation board mentioned in section 37(2) or the relevant local probation board, and

      (b) it appears to the relevant local probation board that the person is the victim of the offence or acts for the victim of the offence,

    the relevant local probation board must forward the representations to the persons responsible for determining the matter.

    (3)   If the representations are about a matter specified in section 37(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 local probation board 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)   A Mental Health Review Tribunal must inform the relevant local probation board if—

      (a) an application is made to the tribunal 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 tribunal under section 71 of that Act (references concerning restricted patients).

    (6)   Subsection (7) applies if—

      (a) the relevant local probation board receives information under subsection (4) or (5), and

      (b) a person who appears to the relevant local probation board to be the victim of the offence or to act for the victim of the offence—

      (i) when his wishes were ascertained under section 37(2), expressed a wish to make representations about a matter specified in section 37(3)(a), or

      (ii) has made representations about such a matter to the relevant local probation board or the local probation board mentioned in section 37(2).

    (7)   The relevant local probation board must provide the information to the person.

    (8)   The relevant local probation board is—

      (a) if the offender is to be discharged from hospital subject to a condition that he reside in a particular area, the local probation board for the area;

      (b) if 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.'.


Victims of persons subject to hospital direction and limitation direction: information

   

Mr Secretary Blunkett

NC13

To move the following Clause:—

    '(1)   This section applies if section 37 applies.

    (2)   Subsection (3) applies if a person who appears to the relevant local probation board to be the victim of the offence or to act for the victim of the offence—

      (a) when his wishes were ascertained under section 37(2), expressed a wish to receive the information specified in section 37(4), or

      (b) has subsequently informed the relevant local probation board that he wishes to receive that information.

    (3)   The relevant local probation board 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 local probation board —

      (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 a Mental Health Review Tribunal 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 a Mental Health Review Tribunal under section 71 of that Act (references concerning restricted patients).

    (6)   The tribunal must inform the relevant local probation board —

      (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 local probation board 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 local probation board has the meaning given in section [Victims of persons subject to hospital direction and limitation direction: representations](8).'.



 
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Prepared 27 Oct 2004