Domestic Violence, Crime and Victims Bill [HL]

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Domestic Violence, Crime and Victims Bill [HL]

Domestic Violence, Crime and Victims Bill [HL]
Part 3 — Victims etc
22

(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
(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
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
20
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—
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
reason of insanity;
(c)
a finding is made—
(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

Domestic Violence, Crime and Victims Bill [HL]
Part 3 — Victims etc
23

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—
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
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—
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
wishes—
(a)
to make representations about the matters specified in subsection (3);
45
(b)
to receive the information specified in subsection (4).

Domestic Violence, Crime and Victims Bill [HL]
Part 3 — Victims etc
24

(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
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
requirements.
(4)
The information is—
(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
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.
35
(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)
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
release,

Domestic Violence, Crime and Victims Bill [HL]
Part 3 — Victims etc
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(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
5
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;
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
situated.
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).
(3)
The matters are—
(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

Domestic Violence, Crime and Victims Bill [HL]
Part 3 — Victims etc
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(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
5
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
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
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;
20

“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;

“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
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;
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
2000 (c. 6);

“transfer direction” has the meaning given in section 47(1) of the Mental
40
Health Act 1983.
(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
45
notification requirements of Part 2 of the Sexual Offences Act 2003 (c.
42);

Domestic Violence, Crime and Victims Bill [HL]
Part 3 — Victims etc
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(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
disordered persons
(1)
The Secretary of State must make a scheme requiring the Secretary of
State to make available to persons falling within subsection (2)
10
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
15
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
20
(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.
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
event of—
(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
subsection (8).
(8)
The matters are—
40
(a)
whether the person in respect of whom the determination has
been made should be subject to any conditions in the event of

Domestic Violence, Crime and Victims Bill [HL]
Part 3 — Victims etc
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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.
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
section.
(13)
A scheme may make different provision in relation to different
descriptions of persons in respect of whom a relevant determination is
made.
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
section.”.
(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)—