|
| |
|
(b) | to receive the information specified in subsection (5). |
| |
| |
(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 |
(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), |
| 10 |
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— |
| 15 |
(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 |
| |
| |
(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 |
| 20 |
| |
(c) | to provide the person with such other information as the relevant local |
| |
probation board considers appropriate in all the circumstances of the |
| |
| |
(8) | The relevant local probation board is— |
| 25 |
(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. |
| |
36 | Victims of persons subject to hospital order with restriction order |
| 30 |
(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 |
| 35 |
| |
| |
(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 |
| 40 |
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 |
| 45 |
|
| |
|
| |
|
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 |
(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. |
| 10 |
(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. |
| 15 |
(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, |
| 20 |
(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 |
| 25 |
probation board considers appropriate in all the circumstances of the |
| |
| |
(9) | The duties in subsections (7) and (8) apply only while the restriction order is in |
| |
| |
(10) | The relevant local probation board is— |
| 30 |
(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. |
| |
37 | Victims of persons subject to hospital direction and limitation direction |
| 35 |
(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. |
| 40 |
(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 |
| |
| |
(a) | to make representations about the matters specified in subsection (3); |
| 45 |
(b) | to receive the information specified in subsection (4). |
| |
|
| |
|
| |
|
| |
(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 |
| 5 |
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 |
| 10 |
requirements and, if so, what licence conditions or supervision |
| |
| |
| |
(a) | information about any conditions to which the offender is to be subject |
| |
in the event of his discharge; |
| 15 |
(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), |
| 20 |
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— |
| 25 |
(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 |
| 30 |
effect, to notify the person of the date on which it is to cease to have |
| |
| |
(d) | to provide the person with such other information as the relevant local |
| |
probation board considers appropriate in all the circumstances of the |
| |
| 35 |
(7) | The duties in subsections (5) and (6) apply only while the limitation direction |
| |
| |
(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) |
| 40 |
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— |
| 45 |
(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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(c) | to provide the person with such other information as the relevant local |
| |
probation board considers appropriate in all the circumstances of the |
| 5 |
| |
(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 |
| |
| 10 |
(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 |
| |
| 15 |
38 | Victims of persons subject to transfer direction and restriction direction |
| |
(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 |
| 20 |
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— |
| 25 |
(a) | to make representations about the matters specified in subsection (3); |
| |
(b) | to receive the information specified in subsection (4). |
| |
| |
(a) | whether the offender should be subject to any conditions in the event |
| |
of his discharge from hospital; |
| 30 |
(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 |
| 35 |
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 |
| 40 |
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, |
| 45 |
|
| |
|
| |
|
(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 |
| |
| |
(d) | to provide the person with such other information as the relevant local |
| |
probation board considers appropriate in all the circumstances of the |
| 5 |
| |
(7) | The duties in subsections (5) and (6) apply only while the restriction direction |
| |
| |
(8) | The relevant local probation board is— |
| |
(a) | if the offender is to be discharged subject to a condition that he reside |
| 10 |
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. |
| |
39 | Representations and information: interpretation |
| |
(1) | In sections 35 to 38— |
| 15 |
| “court” does not include a court-martial or the Courts-Martial Appeal |
| |
| |
| “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; |
| 20 |
| “licence condition” means a condition in a licence; |
| |
| “limitation direction” has the meaning given in section 45A(3)(b) of the |
| |
| |
| “local probation board” means a local probation board established under |
| |
section 4 of the Criminal Justice and Court Services Act 2000 (c. 43); |
| 25 |
| “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 |
| 30 |
2000 (c. 6) (offenders under 18 convicted of certain serious |
| |
| |
(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 |
| |
| 35 |
| “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 |
| |
| |
| “transfer direction” has the meaning given in section 47(1) of the Mental |
| 40 |
| |
(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 |
| |
| |
(b) | an offence in respect of which the patient or offender is subject to the |
| 45 |
notification requirements of Part 2 of the Sexual Offences Act 2003 (c. |
| |
| |
|
| |
|
| |
|
(c) | an offence against a child within the meaning of Part 2 of the Criminal |
| |
Justice and Court Services Act 2000 (c. 43). |
| |
Representations and information: Northern Ireland |
| |
40 | Victims of mentally disordered persons: Northern Ireland |
| |
(1) | The Justice (Northern Ireland) Act 2002 (c. 26) is amended as follows. |
| 5 |
(2) | After section 69 (views on temporary release) insert— |
| |
“69A | Information about discharge and leave of absence of mentally |
| |
| |
(1) | The Secretary of State must make a scheme requiring the Secretary of |
| |
State to make available to persons falling within subsection (2) |
| 10 |
| |
(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 |
| 15 |
respect of which the determinations were made who wish to receive the |
| |
| |
(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 |
| 20 |
(b) | a transfer direction and a restriction direction are given in |
| |
respect of him while he is serving a sentence of imprisonment in |
| |
| |
(4) | The Secretary of State may from time to time make a new scheme or |
| |
| 25 |
(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 |
| |
| |
(a) | his discharge from hospital, or |
| 30 |
(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 |
| 35 |
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 |
| |
| |
| 40 |
(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 |
| |
| |
(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. |
| 5 |
(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 |
| 10 |
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 |
| 15 |
| |
(13) | A scheme may make different provision in relation to different |
| |
descriptions of persons in respect of whom a relevant determination is |
| |
| |
69B | Views on leave of absence |
| 20 |
(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 |
| 25 |
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 |
| 30 |
(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 |
| 35 |
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 |
| |
| |
(3) | In section 70 (supplementary), after subsection (3) insert— |
| 40 |
“(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)— |
| |
|
| |
|