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Domestic Violence, Crime and Victims Act 2004
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39Victims' rights: preliminary
This section has no associated Explanatory Notes
(1)This section applies if—
(a)a person (“the offender”) is convicted of a sexual or violent offence,
(b)a relevant sentence is imposed on him in respect of the offence, and
(c)a hospital direction and a limitation direction are given in relation to him by a court dealing with him for the offence.
(2)The local probation board for the area in which the hospital direction is given 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 (3);
(b)to receive the information specified in subsection (4).
(3)The matters are—
(a)whether the offender should, in the event of his discharge from hospital, be subject to any conditions and, if so, what conditions;
(b)whether the offender should, in the event of his release from hospital, be subject to any licence conditions or supervision requirements and, if so, what licence conditions or supervision requirements;
(c)if the offender is transferred to a prison or other institution in which he might have been detained if he had not been removed to hospital, whether he should, in the event of his release from prison or another such institution, be subject to any licence conditions or supervision requirements and, if so, what licence conditions or supervision requirements.
(4)The information is—
(a)information about any conditions to which the offender is to be subject in the event of his discharge;
(b)information about any licence conditions or supervision requirements to which the offender is to be subject in the event of his release.
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