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Amendments made: No. 31, page 26, line 19, leave out ‘or 58A’.
No. 32, page 26, line 28, after ‘treatment’ insert ‘or section 58A type treatment’.
No. 33, page 27, line 12, after second ‘treatment’ insert ‘or section 58A type treatment’.
No. 34, page 27, line 13, leave out ‘above’ and insert ‘or 58A above (respectively)’.
No. 36, page 27, line 24, at beginning insert
‘In a case where the treatment is section 58 type treatment,’.
No. 37, page 27, line 33, at end insert—
‘(5A) In a case 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 (5) above.
(5B) In a case 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 (5) above as may be specified in regulations under that section.
(5C) For the purposes of subsection (5B) 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.’.
No. 39, page 28, line 28, after ‘treatment’ insert ‘or section 58A type treatment’.
No. 41, page 29, line 33, leave out from ‘treatment’ to end of line 42 and insert ‘is immediately necessary’.
No. 42, page 30, line 5, at end insert—
‘(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.’.
No. 43, page 30, line 12, at end insert ‘or section 58A type treatment’.
No. 45, page 30, line 21, 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.’.
No. 46, page 30, line 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).’
No. 49, page 32, line 4, leave out from ‘subsection’ to ‘Section’ in line 5 and insert
‘(1A) (inserted by section 28 of this Act) insert—
“(1B) ’.— [Ms Rosie Winterton.]
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,”.
(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”.
“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).
(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.
(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”.
“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.
(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”.
“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 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.
(8) The relevant hospital has the meaning given by section 36A(6).
(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 directions8 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;”.
(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.
(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)”.
(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”.
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