Office of Public Sector Information
(1) The Secretary of State must issue a code of practice as to the services to be provided to a victim of criminal conduct by persons appearing to him to have functions relating to—
(a) victims of criminal conduct, or
(b) any aspect of the criminal justice system.
(2) The code may restrict the application of its provisions to—
(a) specified descriptions of victims;
(b) victims of specified offences or descriptions of conduct;
(c) specified persons or descriptions of persons appearing to the Secretary of State to have functions of the kind mentioned in subsection (1).
(3) The code may include provision requiring or permitting the services which are to be provided to a victim to be provided to one or more others—
(a) instead of the victim (for example where the victim has died);
(b) as well as the victim.
(4) The code may make different provision for different purposes, including different provision for—
(a) different descriptions of victims;
(b) persons who have different functions or descriptions of functions;
(c) different areas.
(5) The code may not require anything to be done by—
(a) a person acting in a judicial capacity;
(b) a person acting in the discharge of a function of a member of the Crown Prosecution Service which involves the exercise of a discretion.
(6) In determining whether a person is a victim of criminal conduct for the purposes of this section, it is immaterial that no person has been charged with or convicted of an offence in respect of the conduct.
(7) In this section—
“criminal conduct” means conduct constituting an offence;
“specified” means specified in the code.
(1) Subsections (2) to (7) apply in relation to a code of practice required to be issued under section 32.
(2) The Secretary of State must prepare a draft of the code.
(3) In preparing the draft the Secretary of State must consult the Attorney General and the Lord Chancellor.
(4) After preparing the draft the Secretary of State must—
(a) publish the draft;
(b) specify a period during which representations about the draft may be made to him.
(5) The Secretary of State must—
(a) consider in consultation with the Attorney General and the Lord Chancellor any representations made to him before the end of the specified period about the draft;
(b) if he thinks it appropriate, modify the draft in the light of any such representations.
(6) After the Secretary of State has proceeded under subsection (5) he must lay the code before Parliament.
(7) When he has laid the code before Parliament the Secretary of State must bring it into operation on such day as he appoints by order.
(8) The Secretary of State may from time to time revise a code previously brought into operation under this section; and subsections (2) to (7) apply to a revised code as they apply to the code as first prepared.
(9) But the Secretary of State may revise a code under subsection (8) only if it appears to him that the proposed revisions would not result in—
(a) a significant reduction in the quality or extent of the services to be provided under the code, or
(b) a significant restriction in the description of persons to whom services are to be provided under the code.
(1) If a person fails to perform a duty imposed on him by a code issued under section 32, the failure does not of itself make him liable to criminal or civil proceedings.
(2) But the code is admissible in evidence in criminal or civil proceedings and a court may take into account a failure to comply with the code in determining a question in the proceedings.
(1) This section applies if—
(a) a court convicts a person (“the offender”) of a sexual or violent offence, and
(b) a relevant sentence is imposed on him in respect of the offence.
(2) But section 39 applies (instead of this section) if a hospital direction and a limitation direction are given in relation to the offender.
(3) The local probation board for the area in which the sentence is imposed 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 (4);
(b) to receive the information specified in subsection (5).
(4) The matters are—
(a) whether the offender should be subject to any licence conditions or supervision requirements in the event of his release;
(b) if so, what licence conditions or supervision requirements.
(5) The information is information about any licence conditions or supervision requirements to which the offender is to be subject in the event of his release.
(6) If a person whose wishes have been ascertained under subsection (3) makes representations to the local probation board mentioned in that subsection or the relevant local probation board about a matter specified in subsection (4), the relevant local probation board must forward those representations to the persons responsible for determining the matter.
(7) If a local probation board has ascertained under subsection (3) that a person wishes to receive the information specified in subsection (5), 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 licence conditions or supervision requirements in the event of his release,
(b) if he is, to provide the person with details of any licence conditions or supervision requirements which relate to contact with the victim or his family, and
(c) to provide the person with such other information as the relevant local probation board considers appropriate in all the circumstances of the case.
(8) The relevant local probation board is—
(a) in a case where the offender is to be supervised on release by an officer of a local probation board, that local probation board;
(b) in any other case, the local probation board for the area in which the prison or other place in which the offender is detained is situated.
(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.
(1) This section applies if section 36 applies.
(2) If—
(a) a person makes representations about a matter specified in section 36(5) to the local probation board mentioned in section 36(4) or the relevant local probation board, and
(b) it appears to the relevant local probation board that the person is the victim of the offence or acts for the victim of the offence,
the relevant local probation board must forward the representations to the persons responsible for determining the matter.
(3) The duty in subsection (2) applies only while the restriction order made in respect of the patient is in force.
(4) The Secretary of State must inform the relevant local probation board if he is considering—
(a) whether to give a direction in respect of the patient under section 42(1) of the Mental Health Act 1983 (c. 20) (directions lifting restrictions),
(b) whether to discharge the patient under section 42(2) of that Act, either absolutely or subject to conditions, or
(c) if the patient has been discharged subject to conditions, whether to vary the conditions.
(5) A Mental Health Review Tribunal must inform the relevant local probation board if—
(a) an application is made to the tribunal by the patient under section 69, 70 or 75 of the Mental Health Act 1983 (applications concerning restricted patients), or
(b) the Secretary of State refers the patient’s case to the tribunal under section 71 of that Act (references concerning restricted patients).
(6) Subsection (7) applies if—
(a) the relevant local probation board receives information under subsection (4) or (5), and
(b) 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—
(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 relevant local probation board or the local probation board mentioned in section 36(4).
(7) The relevant local probation board must provide the information to the person.
(8) 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.
(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).
(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.
(1) This section applies if section 39 applies.
(2) If—
(a) a person makes representations about a matter specified in section 39(3) to the local probation board mentioned in section 39(2) or the relevant local probation board, and
(b) it appears to the relevant local probation board that the person is the victim of the offence or acts for the victim of the offence,
the relevant local probation board must forward the representations to the persons responsible for determining the matter.
(3) If the representations are about a matter specified in section 39(3)(a), the duty in subsection (2) applies only while the limitation direction given in relation to the offender is in force.
(4) The Secretary of State must inform the relevant local probation board if he is considering—
(a) whether to give a direction in respect of the offender under section 42(1) of the Mental Health Act 1983 (c. 20) (directions lifting restrictions),
(b) whether to discharge the offender under section 42(2) of that Act, either absolutely or subject to conditions, or
(c) if the offender has been discharged subject to conditions, whether to vary the conditions.
(5) A Mental Health Review Tribunal must inform the relevant local probation board if—
(a) an application is made to the tribunal by the offender under section 69, 70 or 75 of the Mental Health Act 1983 (applications concerning restricted patients), or
(b) the Secretary of State refers the offender’s case to the tribunal under section 71 of that Act (references concerning restricted patients).
(6) Subsection (7) applies if—
(a) the relevant local probation board receives information under subsection (4) or (5), and
(b) 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—
(i) when his wishes were ascertained under section 39(2), expressed a wish to make representations about a matter specified in section 39(3)(a), or
(ii) has made representations about such a matter to the relevant local probation board or the local probation board mentioned in section 39(2).
(7) The relevant local probation board must provide the information to the person.
(8) The relevant local probation board is—
(a) if the offender is to be discharged from hospital subject to a condition that he reside in a particular area, the local probation board for the area;
(b) if the offender is to be supervised on release by an officer of a local probation board, that local probation board;
(c) in any other case, the local probation board for the area in which the hospital, prison or other place in which the offender is detained is situated.
(1) This section applies if section 39 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 39(2), expressed a wish to receive the information specified in section 39(4), 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 offender 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 limitation direction in respect of the offender is to cease to have effect, to notify that person of the date on which it is to cease to have effect;
(d) to inform that person whether or not the offender is to be subject to any licence conditions or supervision requirements in the event of his release;
(e) if he is, to provide that person with details of any licence conditions or supervision requirements which relate to contact with the victim or his family;
(f) 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 offender 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 limitation direction is to cease to have effect by virtue of action to be taken by the Secretary of State, of the date on which the limitation direction 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 offender 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 offender’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 offender has been discharged subject to conditions, of any variation of the conditions by the tribunal;
(c) if the limitation direction is to cease to have effect by virtue of action to be taken by the tribunal, of the date on which the limitation direction 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)(a) to (c) and (4) to (7) apply only while the limitation direction is in force.
(9) The relevant local probation board has the meaning given in section 40(8).
(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.
(1) This section applies if section 42 applies.
(2) If—
(a) a person makes representations about a matter specified in section 42(3) to the local probation board mentioned in section 42(2) or the relevant local probation board, and
(b) it appears to the relevant local probation board that the person is the victim of the offence or acts for the victim of the offence,
the relevant local probation board must forward the representations to the persons responsible for determining the matter.
(3) The duty in subsection (2) applies only while the restriction direction given in respect of the offender is in force.
(4) The Secretary of State must inform the relevant local probation board if he is considering—
(a) whether to give a direction in respect of the offender under section 42(1) of the Mental Health Act 1983 (c. 20) (directions lifting restrictions),
(b) whether to discharge the offender under section 42(2) of that Act, either absolutely or subject to conditions, or
(c) if the offender has been discharged subject to conditions, whether to vary the conditions.
(5) A Mental Health Review Tribunal must inform the relevant local probation board if—
(a) an application is made to the tribunal by the offender under section 69, 70 or 75 of the Mental Health Act 1983 (applications concerning restricted patients), or
(b) the Secretary of State refers the offender’s case to the tribunal under section 71 of that Act (references concerning restricted patients).
(6) Subsection (7) applies if—
(a) the relevant local probation board receives information under subsection (4) or (5), and
(b) 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—
(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 relevant local probation board or the local probation board mentioned in section 42(2).
(7) The relevant local probation board must provide the information to the person.
(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.
(1) This section applies if section 42 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 42(2), expressed a wish to receive the information specified in section 42(4), 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 offender 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 direction in respect of the offender 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 offender 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 direction 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 direction is to cease to have effect.
Domestic Violence, Crime and Victims Act 2004