House of Commons portcullis
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

25

 

(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

26

 

(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

27

 

(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

28

 

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)—

 

 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2004
Revised 8 July 2004