House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Report Stage Proceedings: 18th June 2007
376

Mental Health Bill [Lords], continued

‘(4A)
Subject to subsections (4B) to (4D) below, treatment is immediately

necessary if—

(a)
it is immediately necessary to save the patient’s life; or

(b)
it is immediately necessary to prevent a serious deterioration of

the patient’s condition and is not irreversible; or

(c)
it is immediately necessary to alleviate serious suffering by the

patient and is not irreversible or hazardous; or

(d)
it is immediately necessary, represents the minimum interference

necessary to prevent the patient from behaving violently or being

a danger to himself or others and is not irreversible or hazardous.

(4B)
Where the treatment is section 58A type treatment by virtue of subsection

(1)(a) of that section, treatment is immediately necessary if it falls within

paragraph (a) or (b) of subsection (4A) above.

(4C)
Where the treatment is section 58A type treatment by virtue of subsection

(1)(b) of that section, treatment is immediately necessary if it falls within

such of paragraphs (a) to (d) of subsection (4A) above as may be

specified in regulations under section 58A above.

(4D)
For the purposes of subsection (4C) above, the regulations—

(a)
may make different provision for different cases (and may, in

particular, make different provision for different forms of

treatment);

(b)
may make provision which applies subject to specified

exceptions; and

(c)
may include transitional, consequential, incidental or

supplemental provision.’.

Ms Secretary Hewitt

Agreed to  43

Page  30,  line  12  [Clause  32],  at end insert ‘or section 58A type treatment’.

Ms Secretary Hewitt

Agreed to  45

Page  30,  line  21  [Clause  32],  at end insert—

‘(3A)
Where a patient is given treatment in accordance with a Part 4A

certificate, a report on the treatment and the patient’s condition shall be

given by the person in charge of the treatment to the appropriate national

authority if required by that authority.’.

Ms Secretary Hewitt

Agreed to  46

Page  30,  line  32  [Clause  32],  leave out from first ‘above’ to end of line 33 and

insert—

‘(i)
section 58 above, in the case of section 58 type

treatment;

(ii)
section 58A above, in the case of section 58A

type treatment;


(subject to section 62A(2) above).’

Report Stage Proceedings: 18th June 2007
377

Mental Health Bill [Lords], continued

Ms Secretary Hewitt

Agreed to  49

Page  32,  line  4  [Clause  32],  leave out from ‘subsection’ to ‘Section’ in line 5 and

insert ‘(1A) (inserted by section 28 of this Act) insert—

“(1B)
’.

New SChedule

Ms Secretary Hewitt

Tim Loughton

Angela Browning

Mr Tim Boswell

Mr Charles Walker

James Duddridge

Added  NS1

To move the following Schedule:—

‘Victims’ rights

Introduction

1
Chapter 2 of Part 3 of the Domestic Violence, Crime and Victims Act 2004

(provision of information to victims of restricted patients under the 1983 Act,

etc.) is amended as set out in this Schedule.

Hospital orders (with or without restriction orders)

2    (1)
Section 36 (victims’ rights: preliminary) is amended as follows.

      (2)
In subsection (3), for “with a restriction order” substitute “, whether with or

without a restriction order,”.

      (3)
In subsection (5)—

(a)
in paragraph (a), after “discharge from hospital” insert “while a

restriction order is in force in respect of him”, and

(b)
after paragraph (b) insert “;

(c)
what conditions he should be subject to in the event of

his discharge from hospital under a community

treatment order”.

3
After section 36 insert—

“36A
Supplemental provision for case where no restriction order made

(1)
This section applies if, in a case where section 36 applies, the hospital

order in respect of the patient was made without a restriction order.

(2)
Subsection (3) applies if a person who appears to the local probation

board mentioned in section 36(4) to be the victim of the offence or to

act for the victim of the offence, when his wishes are ascertained under

section 36(4), expresses a wish—

(a)
to make representations about a matter specified in section

36(5), or

(b)
to receive the information specified in section 36(6).

Report Stage Proceedings: 18th June 2007
378

Mental Health Bill [Lords], continued

(3)
The local probation board must—

(a)
notify the managers of the hospital in which the patient is

detained of that person’s wish and of that person’s name and

address, and

(b)
notify that person of the name and address of the hospital.

(4)
Subsection (5) applies if a person who appears to the local probation

board mentioned in section 36(4) to be the victim of the offence or to

act for the victim of the offence, subsequently to his wishes being

ascertained under section 36(4), expresses a wish to do something

specified in subsection (2)(a) or (b).

(5)
The local probation board mentioned in section 36(4) must take all

reasonable steps—

(a)
to ascertain whether the hospital order made in respect of the

patient continues in force and whether a community treatment

order is in force in respect of him, and

(b)
if the board ascertains that the hospital order does continue in

force—

(i)
to notify the managers of the relevant hospital of that

person’s wish, and

(ii)
to notify that person of the name and address of the

hospital.

(6)
The relevant hospital is—

(a)
the hospital in which the patient is detained, or

(b)
if a community treatment order is in force in respect of the

patient, the responsible hospital.”

4
In section 37 (the title to which becomes “Representations where restriction

order made”), in subsection (1), for “if section 36 applies” substitute “if, in a

case where section 36 applies, the hospital order in respect of the patient was

made with a restriction order”.

5
After section 37 insert—

“37A
Representations where restriction order not made

(1)
This section applies if, in a case where section 36 applies, the hospital

order in respect of the patient was made without a restriction order.

(2)
Subsection (3) applies if—

(a)
a person makes representations about a matter specified in

section 36(5) to the managers of the relevant hospital, and

(b)
it appears to the managers that the person is the victim of the

offence or acts for the victim of the offence.

(3)
The managers must forward the representations to the persons

responsible for determining the matter.

(4)
The responsible clinician must inform the managers of the relevant

hospital if he is considering making—

(a)
an order for discharge in respect of the patient under section

23(2) of the Mental Health Act 1983,

(b)
a community treatment order in respect of the patient, or

(c)
an order under section 17B(4) of the Mental Health Act 1983

to vary the conditions specified in a community treatment

order in force in respect of the patient.

Report Stage Proceedings: 18th June 2007
379

Mental Health Bill [Lords], continued

(5)
Any person who has the power to make an order for discharge in

respect of the patient under section 23(3) of the Mental Health Act

1983 must inform the managers of the relevant hospital if he is

considering making that order.

(6)
A Mental Health Review Tribunal must inform the managers of the

relevant hospital if—

(a)
an application is made to the tribunal under section 66 or 69

of the Mental Health Act 1983, or

(b)
the patient’s case is referred to the tribunal under section 67 of

that Act.

(7)
Subsection (8) applies if—

(a)
the managers of the relevant hospital receive information

under subsection (4), (5) or (6), and

(b)
a person who appears to the managers 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

managers of the hospital in which the patient was, at

the time in question, detained.

(8)
The managers of the relevant hospital must provide the information to

the person.

(9)
The relevant hospital has the meaning given in section 36A(6).”

6
In section 38 (the title to which becomes “Information where restriction order

made”), in subsection (1) for “if section 36 applies” substitute “if, in a case

where section 36 applies, the hospital order in respect of the patient was made

with a restriction order”.

7
After section 38 insert —

“38A
Information where restriction order not made

(1)
This section applies if, in a case where section 36 applies, the hospital

order in respect of the patient was made without a restriction order.

(2)
The responsible clinician must inform the managers of the relevant

hospital—

(a)
whether he is to make an order for discharge in respect of the

patient under section 23(2) of the Mental Health Act 1983;

(b)
whether he is to make a community treatment order in respect

of the patient;

(c)
if a community treatment order is to be made in respect of the

patient, what conditions are to be specified in the order;

(d)
if a community treatment order is in force in respect of the

patient, of any variation to be made under section 17B(4) of

the Mental Health Act 1983 of the conditions specified in the

order;

(e)
if a community treatment order in respect of the patient is to

cease to be in force, of the date on which it is to cease to be in

force;

(f)
if, following the examination of the patient under section 20

of the Mental Health Act 1983, it does not appear to the

Report Stage Proceedings: 18th June 2007
380

Mental Health Bill [Lords], continued

responsible clinician that the conditions set out in subsection

(4) of that section are satisfied, of the date on which the

authority for the patient’s detention is to expire.

(3)
Any person who has the power to make an order for discharge in

respect of the patient under section 23(3) of the Mental Health Act

1983 must inform the managers of the relevant hospital if he is to make

that order.

(4)
Subsection (5) applies if—

(a)
an application is made to a Mental Health Review Tribunal

under section 66 or 69 of the Mental Health Act 1983,

(b)
the patient’s case is referred to a Mental Health Review

Tribunal under section 67 of that Act, or

(c)
the managers of the relevant hospital refer the patient’s case

to a Mental Health Review Tribunal under section 68 of that

Act.

(5)
The tribunal must inform the managers of the relevant hospital if it

directs that the patient is to be discharged.

(6)
Subsection (7) applies if a person who appears to the managers of the

relevant hospital to be the victim of the offence or to act for the victim

of the offence—

(a)
when his wishes were ascertained under section 36(4),

expressed a wish to receive the information specified in

section 36(6), or

(b)
has subsequently informed the managers of the relevant

hospital that he wishes to receive that information.

(7)
The managers of the relevant hospital order must take all reasonable

steps—

(a)
to inform that person whether the patient is to be discharged

under section 23 or 72 of the Mental Health Act 1983;

(b)
to inform that person whether a community treatment order is

to be made in respect of the patient;

(c)
if a community treatment order is to be made in respect of the

patient and is to specify conditions which relate to contact

with the victim or his family, to provide that person with

details of those conditions;

(d)
if a community treatment order is in force in respect of the

patient and the conditions specified in the order are to be

varied under section 17B(4) of the Mental Health Act 1983, to

provide that person with details of any variation which relates

to contact with the victim or his family;

(e)
if a community treatment order in respect of the patient is to

cease to be in force, to inform that person of the date on which

it is to cease to be in force;

(f)
if, following the examination of the patient under section 20

of the Mental Health Act 1983, the authority for the patient’s

detention is not to be renewed, to inform that person of the

date on which the authority is to expire;

(g)
to provide that person with such other information as the

managers of the relevant hospital consider appropriate in all

the circumstances of the case.

Report Stage Proceedings: 18th June 2007
381

Mental Health Bill [Lords], continued

(8)
The relevant hospital has the meaning given by section 36A(6).

38B
Removal of restriction

(1)
This section applies if, in a case where section 36 applies—

(a)
the hospital order in respect of the patient was made with a

restriction order, and

(b)
the restriction order ceases to have effect while the hospital

order continues in force.

(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 36(4),

expressed a wish to make representations about a matter

specified in section 36(5) or to receive the information

specified in section 36(6), or

(b)
has subsequently informed the relevant local probation board

that he wishes to make representations about such a matter or

to receive that information.

(3)
The relevant local probation board must take all reasonable steps—

(a)
to notify the managers of the relevant hospital of an address at

which that person may be contacted;

(b)
to notify that person of the name and address of the hospital.

(4)
While the hospital order continues in force, the patient is to be

regarded as a patient in respect of whom a hospital order was made

without a restriction order; and sections 37A and 38A are to apply in

relation to him accordingly.

(5)
The relevant hospital has the meaning given in section 36A(6).

(6)
The relevant local probation board has the meaning given in section

37(8).”

Hospital directions and limitation directions

8
In section 39 (victims’ rights: preliminary), in subsection (3)—

(a)
in paragraph (a), after “discharge from hospital” insert “while he is

subject to a limitation direction”, and

(b)
after that paragraph insert—

“(aa)
what conditions he should be subject to in the event of

his discharge from hospital under a community

treatment order;”.

9
After section 41 insert—

“41A
Removal of restriction

(1)
This section applies if, in a case where section 39 applies—

(a)
the limitation direction in respect of the offender ceases to be

in force, and

(b)
he is treated for the purposes of the Mental Health Act 1983

as a patient in respect of whom a hospital order has effect.

Report Stage Proceedings: 18th June 2007
382

Mental Health Bill [Lords], continued

(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 39(2),

expressed a wish to make representations about a matter

specified in section 39(3) or to receive the information

specified in section 39(4), or

(b)
has subsequently informed the relevant local probation board

that he wishes to make representations about such a matter or

to receive that information.

(3)
The relevant local probation board must take all reasonable steps—

(a)
to notify the managers of the relevant hospital of an address at

which that person may be contacted;

(b)
to notify that person of the address of the hospital.

(4)
The offender is to be regarded as a patient in respect of whom a

hospital order was made without a restriction order; and sections 37A

and 38A are to apply in relation to him accordingly.

(5)
The relevant hospital has the meaning given in section 36A(6).

(6)
The relevant local probation board has the meaning given in section

40(8).”

Transfer directions (with or without restriction directions)

10  (1)
Section 42 (victims’ rights: preliminary) is amended as follows.

      (2)
In subsection (1)(c), for “and a restriction order in respect of him” substitute

“in respect of the offender (whether or not he also gives a restriction direction

in respect of the offender)”.

      (3)
In subsection (3)—

(a)
in paragraph (a), after “discharge from hospital” insert “at a time when

a restriction direction is in force in respect of him”, and

(b)
after paragraph (b) insert “;

(c)
what conditions he should be subject to in the event of

his discharge from hospital under a community

treatment order”.

11
After section 42 insert—

“42A
Supplemental provision for case where no restriction direction given

(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

direction.

(2)
Subsection (3) applies if a person who appears to the local probation

board mentioned in section 42(2) to be the victim of the offence or to

act for the victim of the offence, when his wishes are ascertained under

section 42(2), expresses a wish—

(a)
to make representations about a matter specified in section

42(3), or

(b)
to receive the information specified in section 42(4).

(3)
The local probation board must—