New clause 24 - Victims of persons subject to hospital order with restriction order
Domestic Violence, Crime and Victims Bill [Lords]
Public Bill Committees, 6 July 2004, 10:15 am
'(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.
(7) If a person whose wishes have been ascertained under subsection (4) makes representations to the local probation board mentioned in that subsection or the relevant local probation board about a matter specified in subsection (5), the relevant local probation board must forward those representations to the persons responsible for determining the matter.
(8) If a local probation board has ascertained under subsection (4) that a person wishes to receive the information specified in subsection (6), the relevant local probation board must take all reasonable steps—
(a) to inform the 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 the 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 the person of the date on which it is to cease to have effect, and
(d) to provide the person with such other information as the relevant local probation board considers appropriate in all the circumstances of the case.
(9) The duties in subsections (7) and (8) apply only while the restriction order is in force.
(10) 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.'.—[Paul Goggins.]
Brought up, read the First and Second time, and added to the Bill.
