Domestic Violence, Crime and Victims Act 2004

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).