Hospital orders
36Victims' rights: preliminary
(1)This section applies if the conditions in subsections (2) and (3) are met.
(2)The first condition is that one of these applies in respect of a person (“the patient”) charged with a sexual or violent offence—
(a)the patient is convicted of the offence;
(b)a verdict is returned that the patient is not guilty of the offence by reason of insanity;
(c)a finding is made—
(i)under section 4 of the Criminal Procedure (Insanity) Act 1964 (c. 84) that the patient is under a disability, and
(ii)under section 4A of that Act that he did the act or made the omission charged against him as the offence.
(3)The second condition is that a hospital order with a restriction order is made in respect of the patient by a court dealing with him for the offence.
(4)The local probation board for the area in which the determination mentioned in subsection (2)(a), (b) or (c) is made must take all reasonable steps to ascertain whether a person who appears to the board to be the victim of the offence or to act for the victim of the offence wishes—
(a)to make representations about the matters specified in subsection (5);
(b)to receive the information specified in subsection (6).
(5)The matters are—
(a)whether the patient should be subject to any conditions in the event of his discharge from hospital;
(b)if so, what conditions.
(6)The information is information about any conditions to which the patient is to be subject in the event of his discharge from hospital.
37Representations
(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 (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.
38Information
(1)This section applies if section 36 applies.
(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 receive the information specified in section 36(6), or
(b)has subsequently informed the relevant local probation board that he wishes to receive that information.
(3)The relevant local probation board must take all reasonable steps—
(a)to inform that person whether or not the patient is to be subject to any conditions in the event of his discharge;
(b)if he is, to provide that person with details of any conditions which relate to contact with the victim or his family;
(c)if the restriction order in respect of the patient is to cease to have effect, to notify that person of the date on which it is to cease to have effect;
(d)to provide that person with such other information as the board considers appropriate in all the circumstances of the case.
(4)The Secretary of State must inform the relevant local probation board—
(a)whether the patient is to be discharged;
(b)if he is, whether he is to be discharged absolutely or subject to conditions;
(c)if he is to be discharged subject to conditions, what the conditions are to be;
(d)if he has been discharged subject to conditions—
(i)of any variation of the conditions by the Secretary of State;
(ii)of any recall to hospital under section 42(3) of the Mental Health Act 1983 (c. 20);
(e)if the restriction order is to cease to have effect by virtue of action to be taken by the Secretary of State, of the date on which the restriction order is to cease to have effect.
(5)Subsections (6) and (7) apply (instead of subsection (4)) if—
(a)an application is made to a Mental Health Review 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 a Mental Health Review Tribunal under section 71 of that Act (references concerning restricted patients).
(6)The tribunal must inform the relevant local probation board—
(a)of the matters specified in subsection (4)(a) to (c);
(b)if the patient has been discharged subject to conditions, of any variation of the conditions by the tribunal;
(c)if the restriction order is to cease to have effect by virtue of action to be taken by the tribunal, of the date on which the restriction order is to cease to have effect.
(7)The Secretary of State must inform the relevant local probation board of the matters specified in subsection (4)(d) and (e).
(8)The duties in subsections (3) to (7) apply only while the restriction order is in force.
(9)The relevant local probation board has the meaning given in section 37(8).