New clause 26 - Victims of persons subject to transfer direction and restriction direction

Domestic Violence, Crime and Victims Bill [Lords]

Public Bill Committees, 6 July 2004, 10:15 am

'(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) while the offender is serving the sentence, the Secretary of State gives a transfer direction and a restriction direction in respect of him.

(2) The local probation board for the area in which the hospital specified in the transfer direction is situated 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 be subject to any conditions in the event of his discharge from hospital;

(b) if so, what conditions.

(4) The information is information about any conditions to which the offender is to be subject in the event of his discharge from hospital.

(5) If a person whose wishes have been ascertained under subsection (2) makes representations to the local probation board mentioned in that subsection or the relevant local probation board about a matter specified in subsection (3), the relevant local probation board must forward the representations to the persons responsible for determining the matter.

(6) If a local probation board has ascertained under subsection (2) that a person wishes to receive the information specified in subsection (4), the relevant local probation board must take all reasonable steps—

(a) to inform the person whether or not the offender 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 direction in respect of the offender 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.

(7) The duties in subsections (5) and (6) apply only while the restriction direction is in force.

(8) The relevant local probation board is—

(a) if the offender 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 offender is detained is situated.'.—[Paul Goggins.]

Brought up, read the First and Second time, and added to the Bill.