Valid from 03/11/2008

[F136ASupplemental provision for case where no restriction order madeE+W

(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 or provider of probation services 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 or the provider of probation services 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 or provider of probation services 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 or provider of probation services 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 or provider 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.]

Valid from 03/11/2008

[F237ARepresentations where restriction order not madeE+W

(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)[F3The First-tier Tribunal or the Mental Health Review Tribunal for Wales] 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).]

Valid from 03/11/2008

[F438AInformation where restriction order not madeE+W

(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 [F5the First-tier Tribunal or the Mental Health Review Tribunal for Wales] under section 66 or 69 of the Mental Health Act 1983,

(b)the patient's case is referred to [F5the First-tier Tribunal or the Mental Health Review Tribunal for Wales] under section 67 of that Act, or

(c)the managers of the relevant hospital refer the patient's case to [F5the First-tier Tribunal or the Mental Health Review Tribunal for Wales] 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).]

Valid from 03/11/2008

[F638BRemoval of restrictionE+W

(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 probation body 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 probation body that he wishes to make representations about such a matter or to receive that information.

(3)The relevant probation body 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 probation body has the meaning given in section 37(8).]

Valid from 03/11/2008

[F741ARemoval of restrictionE+W

(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 probation body 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 probation body that he wishes to make representations about such a matter or to receive that information.

(3)The relevant probation body 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 probation body has the meaning given in section 40(8).]

Valid from 03/11/2008

[F842ASupplemental provision for case where no restriction direction givenE+W

(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 or provider of probation services 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 or provider of probation services 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 or provider of probation services mentioned in section 42(2) to be the victim of the offence or to act for the victim of the offence, subsequently to his wishes being ascertained under section 42(2), expressed a wish to do something specified in subsection (2)(a) or (b).

(5)The local probation board or provider of probation services mentioned in section 42(2) must take all reasonable steps—

(a)to ascertain whether the transfer direction given 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 or the provider ascertains that the transfer direction 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 has the meaning given in section 36A(6).]

Valid from 03/11/2008

[F943ARepresentations where restriction direction not givenE+W

(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)a person makes representations about a matter specified in section 42(3) 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 him, 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 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)[F10The First-tier Tribunal or the Mental Health Review Tribunal for Wales] 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 42(2), expressed a wish to make representations about a matter specified in section 42(3), 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).]

Valid from 03/11/2008

[F1144AInformation where restriction direction not givenE+W

(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)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 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 [F12the First-tier Tribunal or the Mental Health Review Tribunal for Wales] under section 66 or 69 of the Mental Health Act 1983,

(b)the patient's case is referred to [F12the First-tier Tribunal or the Mental Health Review Tribunal for Wales] under section 67 of that Act, or

(c)the managers of the relevant hospital refer the patient's case to [F12the First-tier Tribunal or the Mental Health Review Tribunal for Wales] under section 68 of that Act.

(5)The tribunal must inform the managers of the relevant hospital if it directs that the patient 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 42(2), expressed a wish to receive the information specified in section 42(4), 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).]

Valid from 03/11/2008

[F1344BRemoval of restrictionE+W

(1)This section applies if, in a case where section 42 applies—

(a)the transfer direction in respect of the patient was given with a restriction direction, and

(b)the restriction direction ceases to be in force while the transfer direction continues in force.

(2)Subsection (3) applies if a person who appears to the relevant probation body to be the victim of the offence or to act for the victim of the offence—

(a)when his wishes were ascertained under section 42(2), expressed a wish to make representations about a matter specified in section 42(3) or to receive the information specified in section 42(4), or

(b)has subsequently informed the relevant probation body that he wishes to make representations about such a matter or to receive that information.

(3)The relevant probation body 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 transfer direction continues in force, the patient is to be regarded as a patient in respect of whom a transfer direction was given without a restriction direction; and sections 43A and 44A are to apply in relation to him accordingly.

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

(6)The relevant probation body has the meaning given in section 43(8).]

Valid from 14/12/2008

Northern IrelandN.I.

46Victims of mentally disordered personsN.I.

(1)The Justice (Northern Ireland) Act 2002 (c. 26) is amended as follows.

(2)After section 69 (views on temporary release) insert—

“69AInformation about discharge and leave of absence of mentally disordered persons

(1)The Secretary of State must make a scheme requiring the Secretary of State to make available to persons falling within subsection (2) information about—

(a)the discharge from hospital of, or

(b)the grant of leave of absence from hospital to,

persons in respect of whom relevant determinations have been made.

(2)The persons referred to in subsection (1) are victims of the offences in respect of which the determinations were made who wish to receive the information.

(3)A relevant determination is made in respect of a person if—

(a)a hospital order with a restriction order is made in respect of him by a court dealing with him for an offence, or

(b)a transfer direction and a restriction direction are given in respect of him while he is serving a sentence of imprisonment in respect of an offence.

(4)The Secretary of State may from time to time make a new scheme or alterations to a scheme.

(5)The information to be made available under a scheme must include information as to any relevant conditions to which a person in respect of whom a relevant determination has been made is to be subject in the event of—

(a)his discharge from hospital, or

(b)the grant of leave of absence from hospital to him.

(6)A condition is relevant for the purposes of subsection (5) if it appears to the Secretary of State that it might affect a victim of an offence in respect of which the determination was made.

(7)A scheme may require the Secretary of State to take all reasonable steps to ascertain whether a person who appears to him to be the victim of an offence in respect of which a relevant determination has been made wishes to make representations about the matters specified in subsection (8).

(8)The matters are—

(a)whether the person in respect of whom the determination has been made should be subject to any conditions in the event of his discharge from hospital or the grant of leave of absence from hospital to him;

(b)if so, what conditions.

(9)A scheme that includes provision such as is mentioned in subsection (7) must specify how the representations are to be made.

(10)A scheme may require other information in relation to the discharge of, or the grant of leave of absence to, persons in respect of whom relevant determinations are made to be made available under the scheme.

(11)The other information may include, in cases of a description specified by the scheme or in which the Secretary of State considers it appropriate, the date on which it is anticipated that a person in respect of whom a relevant determination has been made will be discharged or granted leave of absence from hospital.

(12)Subsections (5) to (8) of section 68 apply in relation to a scheme made under this section as they apply in relation to a scheme made under that section.

(13)A scheme may make different provision in relation to different descriptions of persons in respect of whom a relevant determination is made.

69BViews on leave of absence

(1)If a person who is the victim of an offence in respect of which a relevant determination has been made makes to the Secretary of State representations falling within subsection (2) the Secretary of State has the obligations specified in subsection (3).

(2)Representations fall within this subsection if they are to the effect that the grant of leave of absence to the person in respect of whom the determination has been made would threaten the safety, or otherwise adversely affect the well-being, of—

(a)the actual victim of the offence in respect of which the determination was made, or

(b)a person who is regarded for the purposes of a scheme under section 69A as a victim of that offence by virtue of section 68(5) (as applied by section 69A(12)).

(3)The Secretary of State must—

(a)have regard to the representations in deciding whether he should give his consent to leave of absence being granted, and

(b)inform the victim of any such decision.

(4)Section 69A(3) (relevant determination) applies for the purposes of this section.”

(3)In section 70 (supplementary), after subsection (3) insert—

“(4)In sections 68 and 69 references to a person serving a sentence of imprisonment in Northern Ireland include a person detained in hospital pursuant to a transfer direction and a restriction direction.

(5)In subsection (4) and section 69A(3)—

“restriction direction” has the meaning given in Article 55(2) of the Mental Health (Northern Ireland) Order 1986;

“transfer direction” has the meaning given in Article 53(2) of that Order.

(6)In section 69A(3)—

“hospital order” has the meaning given in Article 44(1) of the Mental Health (Northern Ireland) Order 1986;

“restriction order” has the meaning given in Article 47(1) of that Order;

“sentence of imprisonment” has the meaning given in Article 53(5) of that Order.

(7)In sections 69A and 69B “leave of absence” means leave of absence under Article 15 of the Mental Health (Northern Ireland) Order 1986.”

(4)In section 90(5) (statutory rules), in paragraph (b) after “section 68” insert “ or 69A ”.