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Victims of persons subject to transfer direction and restriction direction: representations
Mr Secretary Blunkett
NC14
To move the following Clause:—
'(1) This section applies if section 38 applies.
(2) If —
| (a) | a person makes representations about a matter specified in section 38(3) to the local probation board mentioned in section 38(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) The duty in subsection (2) applies only while the restriction direction given in respect of 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 38(2), expressed a wish to make representations about a matter specified in section 38(3), or |
| (ii) | has made representations about such a matter to the relevant local probation board or the local probation board mentioned in section 38(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 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.'. |
Victims of persons subject to transfer direction and restriction direction: information
Mr Secretary Blunkett
NC15
To move the following Clause:—
'(1) This section applies if section 38 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 38(2), expressed a wish to receive the information specified in section 38(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 restriction 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 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 restriction 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 restriction 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 restriction direction is to cease to have effect by virtue of action to be taken by the tribunal, of the date on which the restriction 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) to (7) apply only while the restriction direction is in force.
(9) The relevant local probation board has the meaning given in section [Victims of persons subject to transfer direction and restriction direction: representations](8).'.
Parental contact with children after separation in cases involving ill-treatment of the child or another person (No. 1).
Mr Hilton Dawson
NC1
To move the following Clause:—
'After section 8 in Part II of the Children Act 1989 insert—
"(8A) Allegations of ill-treatment made in section 8 proceedings
(1) Where it is alleged that a party to the proceedings has inflicted ill-treatment on the child or on another person, the Court shall, as soon as practicable, determine on the basis of the evidence presented to it by or on behalf of the parties to the proceedings, whether the allegation of ill-treatment is proved.
(2) Where the Court is satisfied that a party to the proceedings (in this section referred to as the abusive party) has inflicted ill-treatment on the child or on another person, the Court shall not—
| (a) | make any order granting the abusive party residence of the child; or |
| (b) | make any order granting the abusive party contact (other than supervised contact) with that child, unless the child wants to see the abusive party and the Court is satisfied that the child will be safe while the abusive party has residence of or contact with the child. |
(3) Notwithstanding subsection 8A(1), where in any section 8 proceedings,
| (a) | the court is unable to determine on the basis of the evidence presented to it by or on behalf of the parties to the proceedings whether or not an allegation of ill-treatment is proved; but |
| (b) | the Court is satisfied that there is a risk of harm to the child, |
the Court may make any order under this Act that it considers necessary to protect the child.".'.
Parental contact with children after separation in cases involving ill-treatment of the child or another person (No. 2).
Mr Hilton Dawson
NC2
To move the following Clause:—
'After section 8 in Part II of the Children Act 1989 insert—
"When determining whether the child will be safe if contact or residence is granted to the abusive party, the Court shall, so far as is practicable, have regard to the following matters:
| (a) | the nature and severity of the ill-treatment; |
| (b) | how recently the ill-treatment occurred; |
| (c) | the frequency of the ill-treatment; |
| (d) | the risk of further ill-treatment occurring; |
| (e) | the physical, sexual or emotional harm inflicted on the child or harm suffered by the child as a result of seeing or hearing ill-treatment of another person; |
| (f) | whether the other party to the proceedings— |
| (i) | considers that the child will be safe while the abusive party has residence of, or contact with, the child; and |
| (ii) | consents to the abusive party having residence of, or contact with, the child; |
| (g) | the wishes of the child, if the child is able to express them, and having regard to the age and maturity of the child; |
| (h) | any steps taken by the abusive party to prevent further ill-treatment from occurring; |
| (i) | any matters as the court considers relevant.".'. |
Amendments to the Youth Justice and Criminal Evidence Act 1999 to extend the category of witnesses eligible for assistance on grounds of fear or distress about testifying
Mr David Heath
Sandra Gidley
NC3
To move the following Clause:—
'(1) Section 17 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (witnesses eligible for assistance on grounds of fear or distress about testifying) is amended as follows.
(2) After subsection (4) insert—
| "(4A) | Where the complainant in respect of proceedings relating to any form of molestation, including violence, involving a complainant, a cohabitant, a relevant child or associated persons, is a witness in such proceedings, the witness is eligible for assistance in relation to those proceedings by virtue of this subsection unless the witness has informed the court of the witness' wish not to be so eligible by virtue of this subsection. |
| (4B) | For the purposes of this subsection, 'cohabitant', 'relevant child' and 'associated persons' mean a person as defined by section 62 of the Family Law Act 1996 (c. 27) (meaning of 'cohabitants', 'relevant child' and 'associated person') as amended by sections 2 and 3 of this Act.".'. |
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