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| | ‘(4A) | Subject to subsections (4B) to (4D) below, treatment is immediately |
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| | (a) | it is immediately necessary to save the patient’s life; or |
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| | (b) | it is immediately necessary to prevent a serious deterioration of |
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| | the patient’s condition and is not irreversible; or |
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| | (c) | it is immediately necessary to alleviate serious suffering by the |
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| | patient and is not irreversible or hazardous; or |
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| | (d) | it is immediately necessary, represents the minimum interference |
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| | necessary to prevent the patient from behaving violently or being |
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| | a danger to himself or others and is not irreversible or hazardous. |
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| | (4B) | Where the treatment is section 58A type treatment by virtue of subsection |
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| | (1)(a) of that section, treatment is immediately necessary if it falls within |
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| | paragraph (a) or (b) of subsection (4A) above. |
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| | (4C) | Where the treatment is section 58A type treatment by virtue of subsection |
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| | (1)(b) of that section, treatment is immediately necessary if it falls within |
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| | such of paragraphs (a) to (d) of subsection (4A) above as may be |
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| | specified in regulations under section 58A above. |
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| | (4D) | For the purposes of subsection (4C) above, the regulations— |
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| | (a) | may make different provision for different cases (and may, in |
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| | particular, make different provision for different forms of |
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| | |
| | (b) | may make provision which applies subject to specified |
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| | (c) | may include transitional, consequential, incidental or |
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| | supplemental provision.’. |
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| Page 30, line 12 [Clause 32], at end insert ‘or section 58A type treatment’. |
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| Page 30, line 21 [Clause 32], at end insert— |
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| | ‘(3A) | Where a patient is given treatment in accordance with a Part 4A |
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| | certificate, a report on the treatment and the patient’s condition shall be |
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| | given by the person in charge of the treatment to the appropriate national |
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| | authority if required by that authority.’. |
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| | |
| Page 30, line 32 [Clause 32], leave out from first ‘above’ to end of line 33 and |
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| | ‘(i) | section 58 above, in the case of section 58 type |
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| | (ii) | section 58A above, in the case of section 58A |
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| | |
| | | (subject to section 62A(2) above).’ |
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| | |
| Page 32, line 4 [Clause 32], leave out from ‘subsection’ to ‘Section’ in line 5 and |
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| insert ‘(1A) (inserted by section 28 of this Act) insert— |
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| To move the following Schedule:— |
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| | |
| | |
| | 1 | Chapter 2 of Part 3 of the Domestic Violence, Crime and Victims Act 2004 |
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| | (provision of information to victims of restricted patients under the 1983 Act, |
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| | etc.) is amended as set out in this Schedule. |
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| | Hospital orders (with or without restriction orders) |
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| | 2 (1) | Section 36 (victims’ rights: preliminary) is amended as follows. |
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| | (2) | In subsection (3), for “with a restriction order” substitute “, whether with or |
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| | without a restriction order,”. |
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| | |
| | (a) | in paragraph (a), after “discharge from hospital” insert “while a |
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| | restriction order is in force in respect of him”, and |
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| | (b) | after paragraph (b) insert “; |
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| | (c) | what conditions he should be subject to in the event of |
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| | his discharge from hospital under a community |
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| | |
| | 3 | After section 36 insert— |
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| | “36A | Supplemental provision for case where no restriction order made |
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| | (1) | This section applies if, in a case where section 36 applies, the hospital |
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| | order in respect of the patient was made without a restriction order. |
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| | (2) | Subsection (3) applies if a person who appears to the local probation |
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| | board mentioned in section 36(4) to be the victim of the offence or to |
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| | act for the victim of the offence, when his wishes are ascertained under |
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| | section 36(4), expresses a wish— |
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| | (a) | to make representations about a matter specified in section |
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| | |
| | (b) | to receive the information specified in section 36(6). |
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| |
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| | (3) | The local probation board must— |
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| | (a) | notify the managers of the hospital in which the patient is |
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| | detained of that person’s wish and of that person’s name and |
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| | |
| | (b) | notify that person of the name and address of the hospital. |
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| | (4) | Subsection (5) applies if a person who appears to the local probation |
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| | board mentioned in section 36(4) to be the victim of the offence or to |
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| | act for the victim of the offence, subsequently to his wishes being |
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| | ascertained under section 36(4), expresses a wish to do something |
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| | specified in subsection (2)(a) or (b). |
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| | (5) | The local probation board mentioned in section 36(4) must take all |
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| | |
| | (a) | to ascertain whether the hospital order made in respect of the |
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| | patient continues in force and whether a community treatment |
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| | order is in force in respect of him, and |
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| | (b) | if the board ascertains that the hospital order does continue in |
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| | |
| | (i) | to notify the managers of the relevant hospital of that |
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| | |
| | (ii) | to notify that person of the name and address of the |
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| | |
| | (6) | The relevant hospital is— |
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| | (a) | the hospital in which the patient is detained, or |
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| | (b) | if a community treatment order is in force in respect of the |
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| | patient, the responsible hospital.” |
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| | 4 | In section 37 (the title to which becomes “Representations where restriction |
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| | order made”), in subsection (1), for “if section 36 applies” substitute “if, in a |
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| | case where section 36 applies, the hospital order in respect of the patient was |
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| | made with a restriction order”. |
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| | 5 | After section 37 insert— |
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| | “37A | Representations where restriction order not made |
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| | (1) | This section applies if, in a case where section 36 applies, the hospital |
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| | order in respect of the patient was made without a restriction order. |
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| | (2) | Subsection (3) applies if— |
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| | (a) | a person makes representations about a matter specified in |
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| | section 36(5) to the managers of the relevant hospital, and |
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| | (b) | it appears to the managers that the person is the victim of the |
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| | offence or acts for the victim of the offence. |
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| | (3) | The managers must forward the representations to the persons |
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| | responsible for determining the matter. |
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| | (4) | The responsible clinician must inform the managers of the relevant |
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| | hospital if he is considering making— |
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| | (a) | an order for discharge in respect of the patient under section |
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| | 23(2) of the Mental Health Act 1983, |
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| | (b) | a community treatment order in respect of the patient, or |
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| | (c) | an order under section 17B(4) of the Mental Health Act 1983 |
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| | to vary the conditions specified in a community treatment |
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| | order in force in respect of the patient. |
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| |
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| | (5) | Any person who has the power to make an order for discharge in |
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| | respect of the patient under section 23(3) of the Mental Health Act |
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| | 1983 must inform the managers of the relevant hospital if he is |
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| | considering making that order. |
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| | (6) | A Mental Health Review Tribunal must inform the managers of the |
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| | |
| | (a) | an application is made to the tribunal under section 66 or 69 |
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| | of the Mental Health Act 1983, or |
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| | (b) | the patient’s case is referred to the tribunal under section 67 of |
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| | |
| | (7) | Subsection (8) applies if— |
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| | (a) | the managers of the relevant hospital receive information |
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| | under subsection (4), (5) or (6), and |
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| | (b) | a person who appears to the managers to be the victim of the |
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| | offence or to act for the victim of the offence— |
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| | (i) | when his wishes were ascertained under section |
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| | 36(4), expressed a wish to make representations about |
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| | a matter specified in section 36(5), or |
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| | (ii) | has made representations about such a matter to the |
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| | managers of the hospital in which the patient was, at |
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| | the time in question, detained. |
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| | (8) | The managers of the relevant hospital must provide the information to |
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| | |
| | (9) | The relevant hospital has the meaning given in section 36A(6).” |
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| | 6 | In section 38 (the title to which becomes “Information where restriction order |
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| | made”), in subsection (1) for “if section 36 applies” substitute “if, in a case |
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| | where section 36 applies, the hospital order in respect of the patient was made |
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| | with a restriction order”. |
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| | 7 | After section 38 insert — |
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| | “38A | Information where restriction order not made |
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| | (1) | This section applies if, in a case where section 36 applies, the hospital |
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| | order in respect of the patient was made without a restriction order. |
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| | (2) | The responsible clinician must inform the managers of the relevant |
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| | |
| | (a) | whether he is to make an order for discharge in respect of the |
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| | patient under section 23(2) of the Mental Health Act 1983; |
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| | (b) | whether he is to make a community treatment order in respect |
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| | |
| | (c) | if a community treatment order is to be made in respect of the |
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| | patient, what conditions are to be specified in the order; |
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| | (d) | if a community treatment order is in force in respect of the |
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| | patient, of any variation to be made under section 17B(4) of |
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| | the Mental Health Act 1983 of the conditions specified in the |
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| | |
| | (e) | if a community treatment order in respect of the patient is to |
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| | cease to be in force, of the date on which it is to cease to be in |
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| | |
| | (f) | if, following the examination of the patient under section 20 |
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| | of the Mental Health Act 1983, it does not appear to the |
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| |
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| | responsible clinician that the conditions set out in subsection |
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| | (4) of that section are satisfied, of the date on which the |
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| | authority for the patient’s detention is to expire. |
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| | (3) | Any person who has the power to make an order for discharge in |
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| | respect of the patient under section 23(3) of the Mental Health Act |
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| | 1983 must inform the managers of the relevant hospital if he is to make |
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| | |
| | (4) | Subsection (5) applies if— |
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| | (a) | an application is made to a Mental Health Review Tribunal |
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| | under section 66 or 69 of the Mental Health Act 1983, |
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| | (b) | the patient’s case is referred to a Mental Health Review |
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| | Tribunal under section 67 of that Act, or |
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| | (c) | the managers of the relevant hospital refer the patient’s case |
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| | to a Mental Health Review Tribunal under section 68 of that |
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| | |
| | (5) | The tribunal must inform the managers of the relevant hospital if it |
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| | directs that the patient is to be discharged. |
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| | (6) | Subsection (7) applies if a person who appears to the managers of the |
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| | relevant hospital to be the victim of the offence or to act for the victim |
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| | |
| | (a) | when his wishes were ascertained under section 36(4), |
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| | expressed a wish to receive the information specified in |
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| | |
| | (b) | has subsequently informed the managers of the relevant |
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| | hospital that he wishes to receive that information. |
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| | (7) | The managers of the relevant hospital order must take all reasonable |
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| | |
| | (a) | to inform that person whether the patient is to be discharged |
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| | under section 23 or 72 of the Mental Health Act 1983; |
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| | (b) | to inform that person whether a community treatment order is |
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| | to be made in respect of the patient; |
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| | (c) | if a community treatment order is to be made in respect of the |
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| | patient and is to specify conditions which relate to contact |
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| | with the victim or his family, to provide that person with |
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| | details of those conditions; |
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| | (d) | if a community treatment order is in force in respect of the |
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| | patient and the conditions specified in the order are to be |
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| | varied under section 17B(4) of the Mental Health Act 1983, to |
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| | provide that person with details of any variation which relates |
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| | to contact with the victim or his family; |
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| | (e) | if a community treatment order in respect of the patient is to |
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| | cease to be in force, to inform that person of the date on which |
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| | it is to cease to be in force; |
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| | (f) | if, following the examination of the patient under section 20 |
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| | of the Mental Health Act 1983, the authority for the patient’s |
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| | detention is not to be renewed, to inform that person of the |
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| | date on which the authority is to expire; |
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| | (g) | to provide that person with such other information as the |
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| | managers of the relevant hospital consider appropriate in all |
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| | the circumstances of the case. |
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| |
| |
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| | (8) | The relevant hospital has the meaning given by section 36A(6). |
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| | 38B | Removal of restriction |
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| | (1) | This section applies if, in a case where section 36 applies— |
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| | (a) | the hospital order in respect of the patient was made with a |
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| | |
| | (b) | the restriction order ceases to have effect while the hospital |
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| | order continues in force. |
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| | (2) | Subsection (3) applies if a person who appears to the relevant local |
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| | probation board to be the victim of the offence or to act for the victim |
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| | |
| | (a) | when his wishes were ascertained under section 36(4), |
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| | expressed a wish to make representations about a matter |
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| | specified in section 36(5) or to receive the information |
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| | specified in section 36(6), or |
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| | (b) | has subsequently informed the relevant local probation board |
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| | that he wishes to make representations about such a matter or |
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| | to receive that information. |
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| | (3) | The relevant local probation board must take all reasonable steps— |
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| | (a) | to notify the managers of the relevant hospital of an address at |
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| | which that person may be contacted; |
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| | (b) | to notify that person of the name and address of the hospital. |
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| | (4) | While the hospital order continues in force, the patient is to be |
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| | regarded as a patient in respect of whom a hospital order was made |
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| | without a restriction order; and sections 37A and 38A are to apply in |
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| | relation to him accordingly. |
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| | (5) | The relevant hospital has the meaning given in section 36A(6). |
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| | (6) | The relevant local probation board has the meaning given in section |
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| | |
| | Hospital directions and limitation directions |
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| | 8 | In section 39 (victims’ rights: preliminary), in subsection (3)— |
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| | (a) | in paragraph (a), after “discharge from hospital” insert “while he is |
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| | subject to a limitation direction”, and |
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| | (b) | after that paragraph insert— |
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| | “(aa) | what conditions he should be subject to in the event of |
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| | his discharge from hospital under a community |
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| | |
| | 9 | After section 41 insert— |
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| | “41A | Removal of restriction |
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| | (1) | This section applies if, in a case where section 39 applies— |
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| | (a) | the limitation direction in respect of the offender ceases to be |
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| | |
| | (b) | he is treated for the purposes of the Mental Health Act 1983 |
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| | as a patient in respect of whom a hospital order has effect. |
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| |
| |
|
| | (2) | Subsection (3) applies if a person who appears to the relevant local |
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| | probation board to be the victim of the offence or to act for the victim |
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| | |
| | (a) | when his wishes were ascertained under section 39(2), |
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| | expressed a wish to make representations about a matter |
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| | specified in section 39(3) or to receive the information |
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| | specified in section 39(4), or |
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| | (b) | has subsequently informed the relevant local probation board |
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| | that he wishes to make representations about such a matter or |
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| | to receive that information. |
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| | (3) | The relevant local probation board must take all reasonable steps— |
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| | (a) | to notify the managers of the relevant hospital of an address at |
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| | which that person may be contacted; |
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| | (b) | to notify that person of the address of the hospital. |
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| | (4) | The offender is to be regarded as a patient in respect of whom a |
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| | hospital order was made without a restriction order; and sections 37A |
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| | and 38A are to apply in relation to him accordingly. |
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| | (5) | The relevant hospital has the meaning given in section 36A(6). |
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| | (6) | The relevant local probation board has the meaning given in section |
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| | |
| | Transfer directions (with or without restriction directions) |
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| | 10 (1) | Section 42 (victims’ rights: preliminary) is amended as follows. |
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| | (2) | In subsection (1)(c), for “and a restriction order in respect of him” substitute |
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| | “in respect of the offender (whether or not he also gives a restriction direction |
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| | in respect of the offender)”. |
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| | |
| | (a) | in paragraph (a), after “discharge from hospital” insert “at a time when |
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| | a restriction direction is in force in respect of him”, and |
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| | (b) | after paragraph (b) insert “; |
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| | (c) | what conditions he should be subject to in the event of |
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| | his discharge from hospital under a community |
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| | |
| | 11 | After section 42 insert— |
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| | “42A | Supplemental provision for case where no restriction direction given |
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| | (1) | This section applies if, in a case where section 42 applies, the transfer |
|
| | direction in respect of the patient was given without a restriction |
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| | |
| | (2) | Subsection (3) applies if a person who appears to the local probation |
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| | board mentioned in section 42(2) to be the victim of the offence or to |
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| | act for the victim of the offence, when his wishes are ascertained under |
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| | section 42(2), expresses a wish— |
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| | (a) | to make representations about a matter specified in section |
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| | |
| | (b) | to receive the information specified in section 42(4). |
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| | (3) | The local probation board must— |
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|