| Previous Section | Index | Home Page |
Orders of the Day
Domestic Violence, Crime and Victims Bill [Lords]
As amended in the Standing Committee, considered.
New Clause 10
'(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.'.—[Paul Goggins.]
Brought up, and read the First time.
27 Oct 2004 : Column 1446
1.15 pm
The Parliamentary Under-Secretary of State for the Home Department (Paul Goggins): I beg to move, That the clause be read a Second time.
Mr. Speaker : With this it will be convenient to discuss the following: Government new clause 11—Victims of persons subject to hospital order with restriction order: information.
Government new clause 12—Victims of persons subject to hospital direction and limitation direction: representations.
Government new clause 13—Victims of persons subject to hospital direction and limitation direction: information.
Government new clause 14—Victims of persons subject to transfer direction and restriction direction: representations.
Government new clause 15—Victims of persons subject to transfer direction and restriction direction: information.
Government amendments Nos. 34 to 39.
Paul Goggins: The first group consists exclusively of Government amendments and new clauses. The amendments may appear detailed and complicated, but they seek to achieve a simple aim and, I believe, a shared aim, namely, that victims of serious sexual or violent offending should have the right to information about the release of the offender, whether the offender has received a prison sentence or has been dealt with under mental health legislation.
The amendments combined effect is that when the court sentences for a serious sexual or violent offence, the local probation board acquires a duty to identify the victim of the offence. If the victim wishes, they can be kept informed about decisions in relation to the offender's release. They have the right to make representations about measures to be taken for their protection and to be informed about those measures. That duty already exists under section 69 of the Criminal Justice and Court Services Act 2000 in cases in which the offender receives a prison sentence. These provisions extend it to cases in which the offender is dealt with under mental health legislation, whether or not the offender is under a prison sentence.
The amendments consolidate section 69 of the 2000 Act with new provisions covering the three powers in the Mental Health Act 1983, under which such offenders may be detained. Those powers are first, a restricted hospital order; secondly, a transfer direction with restrictions, which is made by the Home Secretary to transfer a mentally disordered prisoner to hospital for treatment; and thirdly, a hospital direction, which is made by the court to direct admission of a prisoner to hospital at the time of sentencing. Those provisions are necessarily lengthy, because they cover each detention authority separately. However, their combined effect is that whichever the detention authority—even if it changes during sentence—the victim retains the right to be informed that a decision on release is being made and to make representations about conditions for their protection and that of their family.
27 Oct 2004 : Column 1447
The Home Secretary, the mental health review tribunal or the parole board may take decisions on the discharge of mentally disordered offenders and the provisions place a duty on each decision-making body to advise the relevant local probation board. The probation board can then pass the information on to the victim to enable the victim to make representations or simply be advised of the discharge and conditions, if they so wish.
For each of the three powers in the 1983 Act, there are two sets of provisions. The first enables the identified victim to make representations about the conditions of the offender's discharge through the local probation board and requires the local probation board to inform the victim whether any conditions will apply in the event of the offender's discharge. The local probation board must also advise about the end of restrictions on the offender and give any other appropriate information. In turn, both the Home Secretary and the mental health review tribunal are required to give the local probation board the information on discharges to enable the victim to be kept informed.
Mr. Dominic Grieve (Beaconsfield) (Con): The Minister will recollect that one of the problems when we discussed the matter in Committee was the extent to which information can properly be provided to victims about the mental health condition of somebody who might be released. An improvement in a person's mental condition often leads to release to taking place, and it is not clear from what the Minister has said how information will be provided in practice. Is it not the case that a person's medical condition is confidential between that person and those who treat them? How will the Government reconcile providing information with respecting patient confidentiality?
| Next Section | Index | Home Page |