Domestic Violence, Crime and Victims Act 2004

In section 108 of the Magistrates' Courts Act 1980 (right of appeal to Crown Court), after subsection (3) insert—

(4) Subsection (3)(d) above does not prevent an appeal against a surcharge imposed under section 161A of the Criminal Justice Act 2003.

11

In section 139 of that Act (disposal of sums adjudged to be paid by conviction)—

• (a) after paragraph (a) insert—

(aa) in the second place in payment to the fund mentioned in paragraph (c) below of surcharges imposed under section 161A of the Criminal Justice Act 2003;

;

• (b) in paragraph (b), for “second” substitute “ third ”.

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

12

In section 13A of the Criminal Appeal (Northern Ireland) Act 1980 (appeal against finding of unfitness to be tried), in subsection (1), for “the jury has returned” substitute “ there has been ”.

13

In section 19(1A)(a) of that Act (legal aid), after “appeal under” insert “ section 18A of the Domestic Violence, Crime and Victims Act 2004, ”.

Supreme Court Act 1981 (c. 54)

14

In section 55 of the Supreme Court Act 1981 (constitution of criminal division of Court of Appeal), in subsection (4)(a)(iii) omit the words “of a jury”.

15

In section 81 of that Act (power of Crown Court to grant bail), in subsection (1A), for “or 15” substitute “ , 15 or 16A ”.

Criminal Justice Act 1982 (c. 48)

16

In Schedule 1 to the Criminal Justice Act 1982 (offences excluded from early release provisions), in Part 2, after the entry relating to the Sexual Offences Act 2003 (c. 42) insert—

Section 5 (causing or allowing the death of a child or vulnerable adult).

Representation of the People Act 1983 (c. 2)

17

In section 3A of the Representation of the People Act 1983 (disenfranchisement of offenders detained in mental hospitals), for subsection (5) substitute—

(5) As respects any part of the United Kingdom, this section applies to any person in respect of whom a hospital order has been made by virtue of— (a) section 116A of the Army Act 1955 or the Air Force Act 1955 or section 63A of the Naval Discipline Act 1957, or (b) section 16 or 23 of the Courts-Martial (Appeals) Act 1968.

Mental Health Act 1983 (c. 20)

18

In section 47 of the Mental Health Act 1983 (removal to hospital of persons serving sentences of imprisonment, etc), in subsection (5)(a), for the words “under any enactment to which section 46 applies” substitute “ made in consequence of a finding of insanity or unfitness to stand trial ”.

19

In section 69 of that Act (application to tribunals concerning patients subject to hospital orders etc), in subsection (2)(a)—

• (a) for “below,” substitute “ below or ”;

• (b) omit “or section 5(1) of the Criminal Procedure (Insanity) Act 1964”.

20

In section 71 of that Act (references by Home Secretary concerning restricted patients) omit subsections (5) and (6).

21

In section 79 of that Act (interpretation of Part 5), in subsection (1)—

• (a) for paragraph (a) substitute—

(a) is treated by virtue of any enactment as subject to a hospital order and a restriction order; or

;

• (b) omit paragraph (b).

22

In section 84 of that Act (removal to England and Wales of offenders found insane in Channel Islands and Isle of Man), in subsection (2), for the words from “had been” to the end substitute “ were subject to a hospital order together with a restriction order, made without limitation of time ”.

23

• (1) Schedule 5 to that Act (transitional and saving provisions) is amended as follows.

• (2) For paragraph 21 substitute—

(21) Any direction to which section 71(4) of the Mental Health Act 1959 applied immediately before the commencement of this Act shall have the same effect as a hospital order together with a restriction order, made without limitation of time.

• (3) In paragraph 37(2), for “direction under section 46 of this Act” substitute “ hospital order together with a restriction order, made without limitation of time ”.

Police and Criminal Evidence Act 1984 (c. 60)

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prosecution of Offences Act 1985 (c. 23)

25

In section 16 of the Prosecution of Offences Act 1985 (defence costs), in subsection (4) (power of Court of Appeal to make defendant’s costs order), after paragraph (c) insert

or (d) allows, to any extent, an appeal under section 16A of that Act (appeal against order made in cases of insanity or unfitness to plead);

.

Coroners Act 1988 (c. 13)

26

In section 16 of the Coroners Act 1988 (adjournment of inquest in event of criminal proceedings), in subsection (1)(a), after sub-paragraph (iii) insert—

(iv) an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult); or

.

27

In section 17 of that Act (coroner to be informed of result of criminal proceedings), in subsections (1) and (2), at the end of paragraph (c) insert

; or (d) an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult),

.

Criminal Justice Act 1988 (c. 33)

28

In section 41 of the Criminal Justice Act 1988 (power of Crown Court to deal with summary offence where person committed for either way offence), after subsection (4) insert—

(4A) The committal of a person under this section in respect of an offence to which section 40 above applies shall not prevent him being found guilty of that offence under section 6(3) of the Criminal Law Act 1967 (alternative verdicts on trial on indictment); but where he is convicted under that provision of such an offence, the functions of the Crown Court under this section in relation to the offence shall cease.

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice Act 1991 (c. 53)

30

In section 24 of the Criminal Justice Act 1991 (recovery of fines etc by deductions from income support), after subsection (3) insert—

(3A) This section applies in relation to a surcharge imposed under section 161A of the Criminal Justice Act 2003 as if any reference in subsection (1) or (3) above to a fine included a reference to a surcharge.

Criminal Appeal Act 1995 (c. 35)

31

In section 9 of the Criminal Appeal Act 1995 (references by Criminal Cases Review Commission to Court of Appeal), in subsection (6), for the words “a jury in England and Wales has returned” substitute “ in England and Wales there have been ”.

32

In section 10 of that Act (which makes equivalent provision for Northern Ireland), in subsection (7), for the words “a jury in Northern Ireland has returned” substitute “ in Northern Ireland there has been ”.

Law Reform (Year and a Day Rule) Act 1996 (c. 19)

33

In section 2 of the Law Reform (Year and a Day Rule) Act 1996 (restriction on institution of proceedings for fatal offence), in subsection (3), at the end of paragraph (b) insert

, or (c) an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult).

Family Law Act 1996 (c. 27)

34

• (1) Section 36 of the Family Law Act 1996 (one cohabitant or former cohabitant with no existing right to occupy) is amended as follows.

• (2) In subsection (1)(c), for the words from “live together as” to the end substitute “ cohabit or a home in which they at any time cohabited or intended to cohabit ”.

• (3) In subsection (6)(f), for “lived together as husband and wife” substitute “ cohabited ”.

35

In section 38 of that Act (neither cohabitant or former cohabitant entitled to occupy), in subsection (1)(a), for “live or lived together as husband and wife” substitute “ cohabit or cohabited ”.

36

• (1) Section 42 of that Act (non-molestation orders) is amended as follows.

• (2) After subsection (4) insert—

(4A) A court considering whether to make an occupation order shall also consider whether to exercise the power conferred by subsection (2)(b). (4B) In this Part “the applicant”, in relation to a non-molestation order, includes (where the context permits) the person for whose benefit such an order would be or is made in exercise of the power conferred by subsection (2)(b).

• (3) In subsection (5)(a) omit the words from “or” to “made”.

37

• (1) Section 46 of that Act (undertakings) is amended as follows.

• (2) In subsection (3), after “under subsection (1)” insert “ instead of making an occupation order ”.

• (3) After that subsection insert—

(3A) The court shall not accept an undertaking under subsection (1) instead of making a non-molestation order in any case where it appears to the court that— (a) the respondent has used or threatened violence against the applicant or a relevant child; and (b) for the protection of the applicant or child it is necessary to make a non-molestation order so that any breach may be punishable under section 42A.

• (4) In subsection (4), for “it were an order of the court” substitute “ the court had made an occupation order or a non-molestation order in terms corresponding to those of the undertaking ”.

38

• (1) Section 47 of that Act (arrest for breach of occupation order or non-molestation order) is amended as follows.

• (2) Omit subsection (1).

• (3) In subsections (2) and (4), for “a relevant order” substitute “ an occupation order ”.

• (4) In subsections (3) and (5), for “the relevant order” substitute “ the occupation order ”.

• (5) In subsection (8), for the words up to the end of paragraph (b) substitute—

If the court— (a) has made a non-molestation order, or (b) has made an occupation order but has not attached a power of arrest under subsection (2) or (3) to any provision of the order, or has attached that power only to certain provisions of the order,

.

39

In section 49 of that Act (variation and discharge of orders), in subsection (4) omit “or non-molestation order”.

40

In section 62 of that Act (definitions), in subsection (1)(b), for “ “former cohabitants” is to be read accordingly, but” substitute “ “cohabit” and “former cohabitants” are to be read accordingly, but the latter expression ”.

41

• (1) In section 63 of that Act (interpretation of Part 4), subsection (1) is amended as follows.

• (2) At the beginning of the definition of “cohabitant” and “former cohabitant” insert

cohabit ,

.

• (3) In the definition of “relative”—

• (a) for “or nephew” in paragraph (b) substitute “ , nephew or first cousin ”;

• (b) for “is living or has lived with another person as husband and wife” substitute “ is cohabiting or has cohabited with another person ”.

42

• (1) Schedule 7 to that Act (transfer of certain tenancies on divorce etc or on separation of cohabitants) is amended as follows.

• (2) In paragraph 3(2), for “to live together as husband and wife” substitute “ to cohabit ”.

• (3) In paragraph 4(b), for “lived together as husband and wife” substitute “ cohabited ”.

Protection from Harassment Act 1997 (c. 40)

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44

In section 7 of that Act (interpretation), in subsection (1), for “sections 1 to 5” substitute “ sections 1 to 5A ”.

Crime (Sentences) Act 1997 (c. 43)

45

• (1) Section 47 of the Crime (Sentences) Act 1997 (power to specify hospital units) is amended as follows.

• (2) Omit subsections (1)(d) and (2)(c).

• (3) For subsection (4) substitute—

(4) A reference in this section to section 37 or 41 of the 1983 Act includes a reference to that section as it applies by virtue of— (a) section 5 of the Criminal Procedure (Insanity) Act 1964, (b) section 6 or 14 of the Criminal Appeal Act 1968, (c) section 116A of the Army Act 1955 or the Air Force Act 1955 or section 63A of the Naval Discipline Act 1957, or (d) section 16 or 23 of the Courts-Martial (Appeals) Act 1968.

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9))

47

• (1) Article 7 of the Protection from Harassment (Northern Ireland) Order 1997 (power to make restraining order where defendant convicted of offence under Article 4 or 6 of that Act) is amended as follows.

• (2) In the heading, at the end insert “ on conviction ”.

• (3) In paragraph (2) omit “further”.

Crime and Disorder Act 1998 (c. 37)

48

In section 32 of the Crime and Disorder Act 1998 (racially or religiously aggravated harassment etc) omit subsection (7) (which is superseded by provision made by section 12(1) above).

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

49

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

53

In section 142(1) of that Act (power of Crown Court to order search of persons before it)—

• (a) before paragraph (a) insert—

(za) the Crown Court orders a person to pay a surcharge under section 161A of the Criminal Justice Act 2003,

;

• (b) in paragraph (d), for “or compensation” substitute “ , compensation or surcharge ”.

Criminal Justice and Court Services Act 2000 (c. 43)

54

The Criminal Justice and Court Services Act 2000 is amended as follows.

55

Section 69 (duties in connection with victims of certain offences) (which is superseded by section 35 of this Act) is repealed.

56

In Schedule 4 (offences against children for the purposes of disqualification orders), in paragraph 3, after paragraph (sa) insert—

(sb) he commits an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult) in respect of a child.

Sexual Offences Act 2003 (c. 42)

57

• (1) Section 133 of the Sexual Offences Act 2003 (general interpretation of Part 2) is amended as follows.

• (2) In subsection (1)—

• (a) in the definition of “admitted to a hospital”, for paragraph (c) substitute—

(c) section 46 of the Mental Health Act 1983, section 69 of the Mental Health (Scotland) Act 1984 or Article 52 of the Mental Health (Northern Ireland) Order 1986;

;

• (b) in the definition of “detained in a hospital”, for paragraph (c) substitute—

(c) section 46 of the Mental Health Act 1983, section 69 of the Mental Health (Scotland) Act 1984 or Article 52 of the Mental Health (Northern Ireland) Order 1986;

;

• (c) in the definition of “restriction order”, for paragraph (c) substitute—

(c) a direction under section 46 of the Mental Health Act 1983, section 69 of the Mental Health (Scotland) Act 1984 or Article 52 of the Mental Health (Northern Ireland) Order 1986;

.

• (3) After that subsection insert—

(1A) A reference to a provision specified in paragraph (a) of the definition of “admitted to a hospital”, “detained in a hospital” or “restriction order” includes a reference to the provision as it applies by virtue of— (a) section 5 of the Criminal Procedure (Insanity) Act 1964, (b) section 6 or 14 of the Criminal Appeal Act 1968, (c) section 116A of the Army Act 1955 or the Air Force Act 1955 or section 63A of the Naval Discipline Act 1957, or (d) section 16 or 23 of the Courts-Martial (Appeals) Act 1968.

58

In section 135 of that Act (interpretation: mentally disordered offenders), omit subsection (4)(c).

59

• (1) Schedule 5 to that Act (other offences for the purposes of sexual offences prevention orders) is amended as follows.

• (2) After paragraph 63 insert—

(63A) An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult).

• (3) After paragraph 171 insert—

(171A) An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult).

• (4) In paragraph 172, for “63” substitute “ 63A ”.

Criminal Justice Act 2003 (c. 44)

60

In section 48 of the Criminal Justice Act 2003 (c. 44) (further provisions about trial without a jury), in subsection (6), for paragraphs (a) and (b) substitute “ the requirement under section 4A of the Criminal Procedure (Insanity) Act 1964 that any question, finding or verdict mentioned in that section be determined, made or returned by a jury ”.

61

In section 50 of that Act (application of Part 7 to Northern Ireland), in subsection (13), for paragraphs (a) to (c) substitute—

(a) for “section 4A of the Criminal Procedure (Insanity) Act 1964” substitute “ Article 49A of the Mental Health (Northern Ireland) Order 1986 ”, and (b) for “that section” substitute “ that Article ”.

62

In section 74 of that Act (interpretation of Part 9), after subsection (6) insert—

(7) In its application to a trial on indictment in respect of which an order under section 17(2) of the Domestic Violence, Crime and Victims Act 2004 has been made, this Part is to have effect with such modifications as the Secretary of State may by order specify.

63

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

64

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

65

In Schedule 15 to that Act (specified offences for the purposes of Chapter 5 of Part 12 of that Act), in Part 1 (specified violent offences), after paragraph 63 insert—

(63A) An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult).

66

In Schedule 17 to that Act (Northern Ireland offences specified for the purposes of section 229(4)), in Part 1 (specified violent offences), after paragraph 60 insert—

(60A) An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult).

SCHEDULE 11

SCHEDULE 12

1

• (1) Section 1 and paragraphs 37 to 39 of Schedule 10 apply only in relation to conduct occurring on or after the commencement of that section.

• (2) In relation to an offence committed before 2 May 2022, the reference to the general limit in a magistrates’ court in subsection (5)(b) of section 42A of the Family Law Act 1996 (inserted by section 1 of this Act) is to be read as a reference to six months.

2

In section 5, the reference in subsection (1)(a) to an unlawful act does not include an act that (or so much of an act as) occurs before the commencement of that section.

3

• (1) This paragraph has effect, in relation to any time before the commencement of the repeal (by paragraph 51 of Schedule 3 to the Criminal Justice Act 2003) of section 6 of the Magistrates' Courts Act 1980 (c. 43), where—

• (a) a magistrates' court is considering under subsection (1) of that section whether to commit a person (“the accused”) for trial for an offence of murder or manslaughter, and

• (b) the accused is charged in the same proceedings with an offence under section 5 above in respect of the same death.

• (2) If there is sufficient evidence to put the accused on trial by jury for the offence under section 5, there is deemed to be sufficient evidence to put him on trial by jury for the offence of murder or manslaughter.

4

Section 10 applies only in relation to offences committed on or after the commencement of that section.

5

• (1) Section 12(1) and paragraphs 43(3) and 48 of Schedule 10 do not apply where the conviction occurs before the commencement of those provisions.

• (2) Section 12(2) applies only in relation to applications made on or after the commencement of that provision.

• (3) Section 12(4) and paragraphs 43(2) and 44 of Schedule 10 do not apply where the acquittal (or, where subsection (5) of the inserted section 5A applies, the allowing of the appeal) occurs before the commencement of those provisions.

6

• (1) Section 13(1) and paragraph 47(3) of Schedule 10 do not apply where the conviction occurs before the commencement of those provisions.

• (2) Section 13(2) applies only in relation to applications made on or after the commencement of that provision.

• (3) Section 13(4) and paragraph 47(2) of Schedule 10 do not apply where the acquittal (or, where paragraph (5) of the inserted Article 7A applies, the allowing of the appeal) occurs before the commencement of those provisions.

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

• (1) The provisions mentioned in sub-paragraph (2) do not apply—

• (a) in relation to proceedings before the Crown Court or a court-martial, where the accused was arraigned before the commencement of those provisions;

• (b) in relation to proceedings before the Court of Appeal or the Courts-Martial Appeal Court, where the hearing of the appeal began before that commencement.

• (2) The provisions are—

• (a) sections 22 and 23;

• (b) section 24 and Schedule 2;

• (c) section 26 and Schedule 3;

• (d) paragraphs 5, 6, 8, 17 to 21, 45, 60 and 61 of Schedule 10

9

The Schedule inserted by Schedule 2 has effect in relation to any time before the commencement of sections 8 and 37 of the Courts Act 2003 (c. 39)—

• (a) as if a reference to a local justice area were to a petty sessions area;

• (b) as if a reference to a designated officer were to a justices' chief executive.

10

Each entry in Schedule 11 applies in the same way as the provision of this Act to which it corresponds.

Breach of non-molestation order to be a criminal offence

Additional considerations if parties are cohabitants or former cohabitants

Extension of Part 4 of 1996 Act to non-cohabiting couples

The offence

Restraining orders: England and Wales

Increase in maximum on-the-spot penalty for disorderly behaviour

Increase in maximum on-the-spot penalty for disorderly behaviour

Surcharge payable on conviction

Higher fixed penalty for repeated road traffic offences

Effect of order under section 17(2)

Effect of order under section 17(2)

Application of sections 17 to 20 to Northern Ireland

Application of sections 17 to 20 to Northern Ireland

Procedure for determining fitness to plead: England and Wales

Procedure for determining fitness to be tried: Northern Ireland

Powers of court on finding of insanity or unfitness to plead etc

Courts-martial etc

Information

Victims of mentally disordered persons

Victims of mentally disordered persons

36A

• (1) This section applies if, in a case where section 36 applies, the hospital order in respect of the patient was made without a restriction order.

• (2) Subsection (3) applies if a person who appears to the local probation board or provider of probation services mentioned in section 36(4) to be the victim of the offence or to act for the victim of the offence, when his wishes are ascertained under section 36(4), expresses a wish—

• (a) to make representations about a matter specified in section 36(5), or

• (b) to receive the information specified in section 36(6).

• (3) The local probation board or the provider of probation services must—

• (a) notify the managers of the hospital in which the patient is detained of that person's wish and of that person's name and address, and

• (b) notify that person of the name and address of the hospital.

• (4) Subsection (5) applies if a person who appears to the local probation board or provider of probation services mentioned in section 36(4) to be the victim of the offence or to act for the victim of the offence, subsequently to his wishes being ascertained under section 36(4), expresses a wish to do something specified in subsection (2)(a) or (b).

• (5) The local probation board or provider of probation services mentioned in section 36(4) must take all reasonable steps—

• (a) to ascertain whether the hospital order made in respect of the patient continues in force and whether a community treatment order is in force in respect of him, and

• (b) if the board or provider ascertains that the hospital order does continue in force—

• (i) to notify the managers of the relevant hospital of that person's wish, and

• (ii) to notify that person of the name and address of the hospital.

• (6) The relevant hospital is—

• (a) the hospital in which the patient is detained, or

• (b) if a community treatment order is in force in respect of the patient, the responsible hospital.

37A

• (1) This section applies if, in a case where section 36 applies, the hospital order in respect of the patient was made without a restriction order.

• (2) Subsection (3) applies if—

• (a) a person makes representations about a matter specified in section 36(5) to the managers of the relevant hospital, and

• (b) it appears to the managers that the person is the victim of the offence or acts for the victim of the offence.

• (3) The managers must forward the representations to the persons responsible for determining the matter.

• (4) The responsible clinician must inform the managers of the relevant hospital if he is considering making—

• (a) an order for discharge in respect of the patient under section 23(2) of the Mental Health Act 1983,

• (b) a community treatment order in respect of the patient, or

• (c) an order under section 17B(4) of the Mental Health Act 1983 to vary the conditions specified in a community treatment order in force in respect of the patient.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) The First-tier Tribunal or the Mental Health Review Tribunal for Wales must inform the managers of the relevant hospital if—

• (a) an application is made to the tribunal under section 66 or 69 of the Mental Health Act 1983, or

• (b) the patient's case is referred to the tribunal under section 67 of that Act.

• (7) Subsection (8) applies if—

• (a) the managers of the relevant hospital receive information under subsection (4)... or (6), and

• (b) a person who appears to the managers 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 managers of the hospital in which the patient was, at the time in question, detained.

• (8) The managers of the relevant hospital must provide the information to the person.

• (9) The relevant hospital has the meaning given in section 36A(6).

38A

• (1) This section applies if, in a case where section 36 applies, the hospital order in respect of the patient was made without a restriction order.

• (2) The responsible clinician must inform the managers of the relevant hospital—

• (a) whether he is to make an order for discharge in respect of the patient under section 23(2) of the Mental Health Act 1983;

• (b) whether he is to make a community treatment order in respect of the patient;

• (c) if a community treatment order is to be made in respect of the patient, what conditions are to be specified in the order;

• (d) if a community treatment order is in force in respect of the patient, of any variation to be made under section 17B(4) of the Mental Health Act 1983 of the conditions specified in the order;

• (e) if a community treatment order in respect of the patient is to cease to be in force, of the date on which it is to cease to be in force;

• (f) if, following the examination of the patient under section 20 of the Mental Health Act 1983, it does not appear to the responsible clinician that the conditions set out in subsection (4) of that section are satisfied, of the date on which the authority for the patient's detention is to expire.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Subsection (5) applies if—

• (a) an application is made to the First-tier Tribunal or the Mental Health Review Tribunal for Wales under section 66 or 69 of the Mental Health Act 1983,

• (b) the patient's case is referred to the First-tier Tribunal or the Mental Health Review Tribunal for Wales under section 67 of that Act, or

• (c) the managers of the relevant hospital refer the patient's case to the First-tier Tribunal or the Mental Health Review Tribunal for Wales under section 68 of that Act.

• (5) The tribunal must inform the managers of the relevant hospital if it directs that the patient is to be discharged.

• (6) Subsection (7) applies if a person who appears to the managers of the relevant hospital 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 managers of the relevant hospital that he wishes to receive that information.

• (7) The managers of the relevant hospital order must take all reasonable steps—

• (a) to inform that person whether the patient is to be discharged under section 23 or 72 of the Mental Health Act 1983;

• (b) to inform that person whether a community treatment order is to be made in respect of the patient;

• (c) if a community treatment order is to be made in respect of the patient and is to specify conditions which relate to contact with the victim or his family, to provide that person with details of those conditions;

• (d) if a community treatment order is in force in respect of the patient and the conditions specified in the order are to be varied under section 17B(4) of the Mental Health Act 1983, to provide that person with details of any variation which relates to contact with the victim or his family;

• (e) if a community treatment order in respect of the patient is to cease to be in force, to inform that person of the date on which it is to cease to be in force;

• (f) if, following the examination of the patient under section 20 of the Mental Health Act 1983, the authority for the patient's detention is not to be renewed, to inform that person of the date on which the authority is to expire;

• (g) to provide that person with such other information as the managers of the relevant hospital consider appropriate in all the circumstances of the case.

• (8) The relevant hospital has the meaning given by section 36A(6).

38B

• (1) This section applies if, in a case where section 36 applies—

• (a) the hospital order in respect of the patient was made with a restriction order, and

• (b) the restriction order ceases to have effect while the hospital order continues in force.

• (2) Subsection (3) applies if a person who appears to the relevant probation body 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 make representations about a matter specified in section 36(5) or to receive the information specified in section 36(6), or

• (b) has subsequently informed the relevant probation body that he wishes to make representations about such a matter or to receive that information.

• (3) The relevant probation body must take all reasonable steps—

• (a) to notify the managers of the relevant hospital of an address at which that person may be contacted;

• (b) to notify that person of the name and address of the hospital.

• (4) While the hospital order continues in force, the patient is to be regarded as a patient in respect of whom a hospital order was made without a restriction order; and sections 37A and 38A are to apply in relation to him accordingly.

• (5) The relevant hospital has the meaning given in section 36A(6).

• (6) The relevant probation body has the meaning given in section 37(8).

41A

• (1) This section applies if, in a case where section 39 applies—

• (a) the limitation direction in respect of the offender ceases to be in force, and

• (b) he is treated for the purposes of the Mental Health Act 1983 as a patient in respect of whom a hospital order has effect.

• (2) Subsection (3) applies if a person who appears to the relevant probation body to be the victim of the offence or to act for the victim of the offence—

• (a) when his wishes were ascertained under section 39(2), expressed a wish to make representations about a matter specified in section 39(3) or to receive the information specified in section 39(4), or

• (b) has subsequently informed the relevant probation body that he wishes to make representations about such a matter or to receive that information.

• (3) The relevant probation body must take all reasonable steps—

• (a) to notify the managers of the relevant hospital of an address at which that person may be contacted;

• (b) to notify that person of the address of the hospital.

• (4) The offender is to be regarded as a patient in respect of whom a hospital order was made without a restriction order; and sections 37A and 38A are to apply in relation to him accordingly.

• (5) The relevant hospital has the meaning given in section 36A(6).

• (6) The relevant probation body has the meaning given in section 40(8).

42A

• (1) This section applies if, in a case where section 42 applies, the transfer direction in respect of the patient was given without a restriction direction.

• (2) Subsection (3) applies if a person who appears to the local probation board or provider of probation services mentioned in section 42(2) to be the victim of the offence or to act for the victim of the offence, when his wishes are ascertained under section 42(2), expresses a wish—

• (a) to make representations about a matter specified in section 42(3), or

• (b) to receive the information specified in section 42(4).

• (3) The local probation board or provider of probation services must—

• (a) notify the managers of the hospital in which the patient is detained of that person's wish and of that person's name and address, and

• (b) notify that person of the name and address of the hospital.

• (4) Subsection (5) applies if a person who appears to the local probation board or provider of probation services mentioned in section 42(2) to be the victim of the offence or to act for the victim of the offence, subsequently to his wishes being ascertained under section 42(2), expressed a wish to do something specified in subsection (2)(a) or (b).

• (5) The local probation board or provider of probation services mentioned in section 42(2) must take all reasonable steps—

• (a) to ascertain whether the transfer direction given in respect of the patient continues in force and whether a community treatment order is in force in respect of him, and

• (b) if the board or the provider ascertains that the transfer direction does continue in force—

• (i) to notify the managers of the relevant hospital of that person's wish, and

• (ii) to notify that person of the name and address of the hospital.

• (6) The relevant hospital has the meaning given in section 36A(6).

43A

• (1) This section applies if, in a case where section 42 applies, the transfer direction in respect of the patient was given without a restriction direction.

• (2) Subsection (3) applies if—

• (a) a person makes representations about a matter specified in section 42(3) to the managers of the relevant hospital, and

• (b) it appears to the managers that the person is the victim of the offence or acts for the victim of the offence.

• (3) The managers must forward the representations to the persons responsible for determining the matter.

• (4) The responsible clinician must inform the managers of the relevant hospital if he is considering making—

• (a) an order for discharge in respect of the patient under section 23(2) of the Mental Health Act 1983,

• (b) a community treatment order in respect of him, or

• (c) an order under section 17B(4) of the Mental Health Act 1983 to vary the conditions specified in a community treatment order in force in respect of the patient.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) The First-tier Tribunal or the Mental Health Review Tribunal for Wales must inform the managers of the relevant hospital if—

• (a) an application is made to the tribunal under section 66 or 69 of the Mental Health Act 1983, or

• (b) the patient's case is referred to the tribunal under section 67 of that Act.

• (7) Subsection (8) applies if—

• (a) the managers of the relevant hospital receive information under subsection (4)... or (6), and

• (b) a person who appears to the managers to be the victim of the offence or to act for the victim of the offence—

• (i) when his wishes were ascertained under section 42(2), expressed a wish to make representations about a matter specified in section 42(3), or

• (ii) has made representations about such a matter to the managers of the hospital in which the patient was, at the time in question, detained.

• (8) The managers of the relevant hospital must provide the information to the person.

• (9) The relevant hospital has the meaning given in section 36A(6).

44A

• (1) This section applies if, in a case where section 42 applies, the transfer direction in respect of the patient was given without a restriction direction.

• (2) The responsible clinician must inform the managers of the relevant hospital—

• (a) whether he is to make an order for discharge in respect of the patient under section 23(2) of the Mental Health Act 1983;

• (b) whether he is to make a community treatment order in respect of the patient;

• (c) if a community treatment order is to be made in respect of the patient, what conditions are to be specified in the order;

• (d) if a community treatment order is in force in respect of the patient, of any variation to be made under section 17B(4) of the Mental Health Act 1983 of the conditions specified in the order;

• (e) if a community treatment order in respect of the patient is to cease to be in force, of the date on which it is to cease to be in force;

• (f) if, following the examination of the patient under section 20 of the Mental Health Act 1983, it does not appear to the responsible clinician that the conditions set out in subsection (4) of that section are satisfied, of the date on which the authority for the patient's detention is to expire.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Subsection (5) applies if—

• (a) an application is made to the First-tier Tribunal or the Mental Health Review Tribunal for Wales under section 66 or 69 of the Mental Health Act 1983,

• (b) the patient's case is referred to the First-tier Tribunal or the Mental Health Review Tribunal for Wales under section 67 of that Act, or

• (c) the managers of the relevant hospital refer the patient's case to the First-tier Tribunal or the Mental Health Review Tribunal for Wales under section 68 of that Act.

• (5) The tribunal must inform the managers of the relevant hospital if it directs that the patient be discharged.

• (6) Subsection (7) applies if a person who appears to the managers of the relevant hospital to be the victim of the offence or to act for the victim of the offence—

• (a) when his wishes were ascertained under section 42(2), expressed a wish to receive the information specified in section 42(4), or

• (b) has subsequently informed the managers of the relevant hospital that he wishes to receive that information.

• (7) The managers of the relevant hospital order must take all reasonable steps—

• (a) to inform that person whether the patient is to be discharged under section 23 or 72 of the Mental Health Act 1983;

• (b) to inform that person whether a community treatment order is to be made in respect of the patient;

• (c) if a community treatment order is to be made in respect of the patient and is to specify conditions which relate to contact with the victim or his family, to provide that person with details of those conditions;

• (d) if a community treatment order is in force in respect of the patient and the conditions specified in the order are to be varied under section 17B(4) of the Mental Health Act 1983, to provide that person with details of any variation which relates to contact with the victim or his family;

• (e) if a community treatment order in respect of the patient is to cease to be in force, to inform that person of the date on which it is to cease to be in force;

• (f) if, following the examination of the patient under section 20 of the Mental Health Act 1983, the authority for the patient's detention is not to be renewed, to inform that person of the date on which the authority is to expire;

• (g) to provide that person with such other information as the managers of the relevant hospital consider appropriate in all the circumstances of the case.

• (8) The relevant hospital has the meaning given by section 36A(6).

44B

• (1) This section applies if, in a case where section 42 applies—

• (a) the transfer direction in respect of the patient was given with a restriction direction, and

• (b) the restriction direction ceases to be in force while the transfer direction continues in force.

• (2) Subsection (3) applies if a person who appears to the relevant probation body to be the victim of the offence or to act for the victim of the offence—

• (a) when his wishes were ascertained under section 42(2), expressed a wish to make representations about a matter specified in section 42(3) or to receive the information specified in section 42(4), or

• (b) has subsequently informed the relevant probation body that he wishes to make representations about such a matter or to receive that information.

• (3) The relevant probation body must take all reasonable steps—

• (a) to notify the managers of the relevant hospital of an address at which that person may be contacted;

• (b) to notify that person of the name and address of the hospital.

• (4) While the transfer direction continues in force, the patient is to be regarded as a patient in respect of whom a transfer direction was given without a restriction direction; and sections 43A and 44A are to apply in relation to him accordingly.

• (5) The relevant hospital has the meaning given in section 36A(6).

• (6) The relevant probation body has the meaning given in section 43(8).

Authorities within Commissioner’s remit

Disclosure of information

Transitional and transitory provisions

The following is the Schedule inserted before Schedule 2 to the Criminal Procedure (Insanity) Act 1964 (c. 84)—

Army Act 1955 (3 & 4 Eliz. 2 c. 18) and Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)

Naval Discipline Act 1957 (c. 53)

Courts-Martial (Appeals) Act 1968 (c. 20)

The following is the Schedule inserted after Schedule 4 to the Magistrates' Courts Act 1980 (c. 43)—

Interpretation

Detention and training orders

Suspended sentence supervision orders

Community orders under the Sentencing Act

Curfew orders and exclusion orders

Attendance centre orders

Community orders under the 2003 Act

Suspended sentence orders under the 2003 Act

Local justice areas

Deputy Commissioner

Terms of appointment

Staff

Delegation

Pensions

Finance

Accounts

Annual plan

Annual report

Disqualification Acts

Meaning of “financial year”

Government departments

1WA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1XA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1YA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1ZA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1ZB

The Department for Education.

3A. The Department for Innovation, Universities and Skills.

8A

The Ministry of Justice.

Customs and Excise

Police forces etc

Criminal injuries compensation

Health and safety

Legal services

Court administration

Criminal justice system

25A

A provider of probation services.

Maritime and coastguards

Colonial Prisoners Removal Act 1884 (c. 31)

Children and Young Persons Act 1933 (c. 12)

Criminal Procedure (Insanity) Act 1964 (c. 84)

Criminal Appeal Act 1968 (c. 19)

Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))

Juries Act 1974 (c. 23)

Rehabilitation of Offenders Act 1974 (c. 53)

Magistrates' Courts Act 1980 (c. 43)

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

Supreme Court Act 1981 (c. 54)

Criminal Justice Act 1982 (c. 48)

Representation of the People Act 1983 (c. 2)

Mental Health Act 1983 (c. 20)

Police and Criminal Evidence Act 1984 (c. 60)

Prosecution of Offences Act 1985 (c. 23)

Coroners Act 1988 (c. 13)

Criminal Justice Act 1988 (c. 33)

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

Criminal Justice Act 1991 (c. 53)

Criminal Appeal Act 1995 (c. 35)

Law Reform (Year and a Day Rule) Act 1996 (c. 19)

Family Law Act 1996 (c. 27)

Protection from Harassment Act 1997 (c. 40)

Crime (Sentences) Act 1997 (c. 43)

Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9))

Crime and Disorder Act 1998 (c. 37)

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

Criminal Justice and Court Services Act 2000 (c. 43)

Sexual Offences Act 2003 (c. 42)

Criminal Justice Act 2003 (c. 44)

Editorial notes