Поранешна Југословенска Република Македонија, Предвремени парламентарни избори, 11 декември 2016 година: ИЗЈАВА ЗА ПРВИЧНИТЕ НАОДИ И ЗАКЛУЧОЦИ
In Part 4 of the Family Law Act 1996 (c. 27) (family homes and domestic violence), after section 42 insert—
Section 41 of the Family Law Act 1996 (c. 27) (which requires a court, when considering the nature of the relationship of cohabitants or former cohabitants, to have regard to their non-married status) is repealed.
In section 36(6)(e) of that Act (court to have regard to nature of parties' relationship when considering whether to give right to occupy to cohabitant or former cohabitant with no existing right), after “relationship” insert “ and in particular the level of commitment involved in it ”.
In section 62(1)(a) of the Family Law Act 1996 (definition of “cohabitant” for the purposes of Part 4 of that Act), for the words after “ “cohabitants” are” substitute “ two persons who, although not married to each other, are living together as husband and wife or (if of the same sex) in an equivalent relationship; and ”.
In section 62(3) of the Family Law Act 1996 (definition of “associated” persons for the purposes of Part 4 of that Act), after paragraph (e) insert—.
A person (“D”) is guilty of an offence if—
a child or vulnerable adult (“V”) dies or suffers serious physical harm as a result of the unlawful act of a person who—
was a member of the same household as V, and
had frequent contact with him,
D was such a person at the time of that act,
at that time there was a significant risk of serious physical harm being caused to V by the unlawful act of such a person, and
either D was the person whose act caused the death or serious physical harm or—
D was, or ought to have been, aware of the risk mentioned in paragraph (c),
D failed to take such steps as he could reasonably have been expected to take to protect V from the risk, and
the act occurred in circumstances of the kind that D foresaw or ought to have foreseen.
The prosecution does not have to prove whether it is the first alternative in subsection (1)(d) or the second (sub-paragraphs (i) to (iii)) that applies.
If D was not the mother or father of V—
D may not be charged with an offence under this section if he was under the age of 16 at the time of the act that caused the death or serious physical harm;
for the purposes of subsection (1)(d)(ii) D could not have been expected to take any such step as is referred to there before attaining that age.
For the purposes of this section—
a person is to be regarded as a “member” of a particular household, even if he does not live in that household, if he visits it so often and for such periods of time that it is reasonable to regard him as a member of it;
where V lived in different households at different times, “the same household as V” refers to the household in which V was living at the time of the act that caused the death or serious physical harm.
For the purposes of this section an “unlawful” act is one that— Paragraph (b) does not apply to an act of D.
constitutes an offence, or
would constitute an offence but for being the act of—
a person under the age of ten, or
a person entitled to rely on a defence of insanity.
In this section—
“the 1987 Act” means the Criminal Justice Act 1987 (c. 38);
Section 123 of the Sentencing Act (breach of requirement of suspended sentence supervision order) is amended as follows. In subsection (1) (issue of summons or warrant by justice of the peace) omit the words “acting for the local justice area for the time being specified in the order”. For subsection (2) substitute— After subsection (4) insert—
Schedule 5 to the Sentencing Act (breach, revocation and amendment of attendance centre orders) is amended as follows. In paragraph 1(1) (issue of summons or warrant by justice of the peace), omit the words— For paragraph 1(2) substitute— In paragraph 2 (powers of magistrates' court to deal with breach), after sub-paragraph (5) insert—
The Commissioners of Customs and Excise.
In section 1(3) of the Rehabilitation of Offenders Act 1974 (meaning of “sentence” for the purposes of that Act), after “other than” insert—.
The Criminal Justice and Court Services Act 2000 is amended as follows.
Section 69 (duties in connection with victims of certain offences) (which is superseded by section 35 of this Act) is repealed.
In Schedule 4 (offences against children for the purposes of disqualification orders), in paragraph 3, after paragraph (sa) insert—
“victim” includes a person who is a victim within the meaning of section 1 of the Victims and Prisoners Act 2024 by virtue of subsection (2)(a) of that section;
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—
“serious” harm means harm that amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861 (c. 100);
The Secretary of State must appoint a Deputy Commissioner for Victims and Witnesses (referred to in this Schedule as the Deputy Commissioner). Before appointing the Deputy Commissioner the Secretary of State must consult the Attorney General and the Lord Chancellor as to the person to be appointed. The Deputy Commissioner must act as the Commissioner— The Deputy Commissioner is not to be regarded—
a detention and training order for a term of 12 months or more;
The Commissioner may authorise any member of his staff or the Deputy Commissioner to carry out any of his functions.
The Commissioner must— The Comptroller and Auditor General must—
Commissioner for Victims and Witnesses. Deputy Commissioner for Victims and Witnesses. Commissioner for Victims and Witnesses. Deputy Commissioner for Victims and Witnesses.
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”.
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 ”.
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—.
In section 81 of that Act (power of Crown Court to grant bail), in subsection (1A), for “or 15” substitute “ , 15 or 16A ”.
In section 69 of that Act (application to tribunals concerning patients subject to hospital orders etc), in subsection (2)(a)—
for “below,” substitute “ below or ”;
omit “or section 5(1) of the Criminal Procedure (Insanity) Act 1964”.
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 .
In section 71 of that Act (references by Home Secretary concerning restricted patients) omit subsections (5) and (6).
In section 79 of that Act (interpretation of Part 5), in subsection (1)—
for paragraph (a) substitute—;
omit paragraph (b).
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 ”.
Schedule 5 to that Act (transitional and saving provisions) is amended as follows. For paragraph 21 substitute— 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 ”.
A person guilty of an offence under this section of causing or allowing a person's death is liable—
on conviction on indictment in England and Wales, to imprisonment for life or to a fine, or to both;
on conviction on indictment in Northern Ireland, to imprisonment for a term not exceeding 14 years or to a fine, or to both.
“serious” harm means harm that amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861 (c. 100);
A person guilty of an offence under this section of causing or allowing a person to suffer serious physical harm is liable—
on conviction on indictment in England and Wales, to imprisonment for a term not exceeding 14 years or to a fine, or to both;
on conviction on indictment in Northern Ireland, to imprisonment for a term not exceeding 10 years or to a fine, or to both.
sections 24 and 25 of the Magistrates' Courts Act 1980 (c. 43) (mode of trial of child or young person for indictable offence); section 51A of the Crime and Disorder Act 1998 (sending cases to the Crown Court: children and young persons); section 25 of the Sentencing Code (power and duty to remit young offenders to youth courts for sentence).
Subsections (2) to (4) apply where a person (“the defendant”) is charged in the same proceedings with an offence of murder or manslaughter and with an offence under section 5 in respect of the same death (“the section 5 offence”).
Where by virtue of section 35(3) of the Criminal Justice and Public Order Act 1994 (c. 33) a court or jury is permitted, in relation to the section 5 offence, to draw such inferences as appear proper from the defendant’s failure to give evidence or refusal to answer a question, the court or jury may also draw such inferences in determining whether he is guilty— even if there would otherwise be no case for him to answer in relation to that offence.
of murder or manslaughter, or
of any other offence of which he could lawfully be convicted on the charge of murder or manslaughter,
The charge of murder or manslaughter is not to be dismissed under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (c. 37) (unless the section 5 offence is dismissed).
At the defendant’s trial the question whether there is a case for the defendant to answer on the charge of murder or manslaughter is not to be considered before the close of all the evidence (or, if at some earlier time he ceases to be charged with the section 5 offence, before that earlier time).
An offence under section 5 of causing or allowing a person's death is an offence of homicide for the purposes of the following enactments—
Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) (mode of trial of child for indictable offence); Article 32 of that Order (power and duty to remit children to youth courts for sentence).
Subsections (2) to (4) apply where a person (“the defendant”) is charged in the same proceedings with an offence of murder or manslaughter and with an offence under section 5 in respect of the same death (“the section 5 offence”).
Where by virtue of Article 4(4) of the Criminal Evidence (Northern Ireland) Order 1988 (S.I. 1988/1987 (N.I. 20)) a court or jury is permitted, in relation to the section 5 offence, to draw such inferences as appear proper from the defendant’s failure to give evidence or refusal to answer a question, the court or jury may also draw such inferences in determining whether he is guilty— even if there would otherwise be no case for him to answer in relation to that offence.
of murder or manslaughter, or
of any other offence of which he could lawfully be convicted on the charge of murder or manslaughter,
Where a magistrates' court is considering under Article 37 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) whether to commit the defendant for trial for the offence of murder or manslaughter, if there is sufficient evidence to put him upon trial for the section 5 offence there is deemed to be sufficient evidence to put him upon trial for the offence of murder or manslaughter.
At the defendant’s trial the question whether there is a case to answer on the charge of murder or manslaughter is not to be considered before the close of all the evidence (or, if at some earlier time he ceases to be charged with the section 5 offence, before that earlier time).
An offence under section 5 of causing or allowing a person's death is an offence of homicide for the purposes of the following provisions—
Subsections (3) to (5) apply where a person (“the defendant”) is charged in the same proceedings with a relevant offence and with an offence under section 5 in respect of the same harm (“the section 5 offence”).
In this section “relevant offence” means—
an offence under section 18 or 20 of the Offences against the Person Act 1861 (grievous bodily harm etc);
an offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit murder;
an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).
Where by virtue of section 35(3) of the Criminal Justice and Public Order Act 1994 a court or jury is permitted, in relation to the section 5 offence, to draw such inferences as appear proper from the defendant's failure to give evidence or refusal to answer a question, the court or jury may also draw such inferences in determining whether the defendant is guilty of a relevant offence, even if there would otherwise be no case for the defendant to answer in relation to that offence.
The charge of the relevant offence is not to be dismissed under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (unless the section 5 offence is dismissed).
At the defendant's trial the question whether there is a case for the defendant to answer on the charge of the relevant offence is not to be considered before the close of all the evidence (or, if at some earlier time the defendant ceases to be charged with the section 5 offence, before that earlier time).
Section 6(1), (2) and (4) has effect in relation to proceedings before the Court Martial with the following adaptations.
A reference to an offence— is to be read as a reference to an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is that offence.
of murder,
of manslaughter, or
under section 5,
A reference to the court or jury is to be read as a reference to the court.
Section 6A(1), (3) and (5) has effect in relation to proceedings before the Court Martial with the following adaptations.
A reference to an offence— is to be read as a reference to an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is that offence.
listed in section 6A(2), or
under section 5,
A reference to the court or jury is to be read as a reference to the court.
Subsections (3) to (5) apply where a person (“the defendant”) is charged in the same proceedings with a relevant offence and with an offence under section 5 in respect of the same harm (“the section 5 offence”).
In this section “relevant offence” means—
an offence under section 18 or 20 of the Offences against the Person Act 1861 (grievous bodily harm etc.);
an offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of attempting to commit murder.
an offence under section 28 of the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (non-fatal strangulation or asphyxiation).
Where by virtue of Article 4(4) of the Criminal Evidence (Northern Ireland) Order 1988 a court or jury is permitted, in relation to the section 5 offence, to draw such inferences as appear proper from the defendant's failure to give evidence or refusal to answer a question, the court or jury may also draw such inferences in determining whether the defendant is guilty of a relevant offence, even if there would otherwise be no case for the defendant to answer in relation to that offence.
Where a magistrates' court is considering under Article 37 of the Magistrates' Courts (Northern Ireland) Order 1981 whether to commit the defendant for trial for the relevant offence, if there is sufficient evidence to put the defendant on trial for the section 5 offence there is deemed to be sufficient evidence to put the defendant on trial for the relevant offence.
The power of a judge of the Crown Court under section 2(3) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 (entry of “No Bill”)is not to be exercised in relation to a relevant offence unless it is also exercised in relation to the section 5 offence.
At the defendant's trial the question whether there is a case for the defendant to answer on the charge of the relevant offence is not to be considered before the close of all the evidence (or, if at some earlier time the defendant ceases to be charged with the section 5 offence, before that earlier time).
In this section “domestic homicide review” means a review of the circumstances in which the death of a person aged 16 or over has, or appears to have, resulted from violence, abuse or neglect by— held with a view to identifying the lessons to be learnt from the death.
a person to whom he was related or with whom he was or had been in an intimate personal relationship, or
a member of the same household as himself,
The Secretary of State may in a particular case direct a specified person or body within subsection (4) to establish, or to participate in, a domestic homicide review.
It is the duty of any person or body within subsection (4) establishing or participating in a domestic homicide review (whether or not held pursuant to a direction under subsection (2)) to have regard to any guidance issued by the Secretary of State as to the establishment and conduct of such reviews.
The persons and bodies within this subsection are—
in relation to England and Wales— chief officers of police for police areas in England and Wales; local authorities; local probation boards established under section 4 of the Criminal Justice and Court Services Act 2000 (c. 43); NHS England; integrated care boards established under section 14Z25 of the National Health Service Act 2006; providers of probation services; ... ... Local Health Boards established under section 11 of the National Health Service (Wales) Act 2006; NHS trusts established under section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006;
in relation to Northern Ireland— the Chief Constable of the Police Service of Northern Ireland; the Probation Board for Northern Ireland; ... Health and Social Care trusts established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)).
Any reference in subsection (2) or (3) to the Secretary of State shall, in relation to persons and bodies within subsection (4)(b), be construed as a reference to the Department of Justice in Northern Ireland.
In subsection (4)(a) “local authority” means—
in relation to England, the council of a district, county or London borough, the Common Council of the City of London and the Council of the Isles of Scilly;
in relation to Wales, the council of a county or county borough.
A person or body within subsection (4)(a) that establishes a domestic homicide review (whether or not held pursuant to a direction under subsection (2)) must send a copy of any report setting out the conclusions of the review to the Domestic Abuse Commissioner.
The Secretary of State may , in relation to England and Wales, by order amend subsection (4)(a) or (5).
The copy must be sent as soon as reasonably practicable after the report is completed.
The Department of Justice in Northern Ireland may, in relation to Northern Ireland, by order amend subsection (4)(b).
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In section 6 of the Criminal Law Act 1967 (c. 58) (trial of offences), after subsection (3) (alternative verdicts on trial on indictment) insert—
In section 5 of the Protection from Harassment Act 1997 (c. 40) (power to make restraining order where defendant convicted of offence under section 2 or 4 of that Act), in subsection (1) omit “under section 2 or 4”.
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After that section insert—
In Article 7 of the Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9)) (power to make restraining order where defendant convicted of offence under Article 4 or 6 of that Order), in paragraph (1) omit “under Article 4 or 6”.
After paragraph (3) of that Article insert—
After paragraph (4) of that Article insert—
After paragraph (6) of that Article insert—
After that Article insert—
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In Part 1 of Schedule 9 to the Administration of Justice Act 1970 (c. 31) (cases where payment enforceable as on summary conviction), after paragraph 12 insert—
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The Secretary of State may by order—
make provision amending Schedule 5 (collection of fines) or Schedule 6 (discharge of fines by unpaid work) to the Courts Act 2003 in its application by virtue of subsection (3) or (4) to surcharges;
make provision for any part of Schedule 5, or the whole or any part of Schedule 6, not to apply to surcharges;
make amendments to any enactment that are consequential on provision made under paragraph (a) or (b).
In Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (c. 16) (on-the-spot penalties for disorderly behaviour), section 3 is amended as follows.
In subsection (2) (maximum penalty that may be prescribed), at the end insert “ plus a half of the relevant surcharge ”.
After that subsection insert—
The Road Traffic Offenders Act 1988 (c. 53) is amended as follows.
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At the end of section 84 (regulations) (which becomes subsection (1)) insert—
The prosecution may apply to a judge of the Crown Court for a trial on indictment to take place on the basis that the trial of some, but not all, of the counts included in the indictment may be conducted without a jury.
If such an application is made and the judge is satisfied that the following three conditions are fulfilled, he may make an order for the trial to take place on the basis that the trial of some, but not all, of the counts included in the indictment may be conducted without a jury.
The first condition is that the number of counts included in the indictment is likely to mean that a trial by jury involving all of those counts would be impracticable.
The second condition is that, if an order under subsection (2) were made, each count or group of counts which would accordingly be tried with a jury can be regarded as a sample of counts which could accordingly be tried without a jury.
The third condition is that it is in the interests of justice for an order under subsection (2) to be made.
In deciding whether or not to make an order under subsection (2), the judge must have regard to any steps which might reasonably be taken to facilitate a trial by jury.
But a step is not to be regarded as reasonable if it could lead to the possibility of a defendant in the trial receiving a lesser sentence than would be the case if that step were not taken.
An order under subsection (2) must specify the counts which may be tried without a jury.
For the purposes of this section and sections 18 to 20, a count may not be regarded as a sample of other counts unless the defendant in respect of each count is the same person.
An application under section 17 must be determined at a preparatory hearing.
Section 7(1) of the 1987 Act and section 29(2) of the 1996 Act are to have effect as if the purposes there mentioned included the purpose of determining an application under section 17.
Section 29(1) of the 1996 Act is to have effect as if the grounds on which a judge of the Crown Court may make an order under that provision included the ground that an application under section 17 has been made.
The parties to a preparatory hearing at which an application under section 17 is to be determined must be given an opportunity to make representations with respect to the application.
Section 9(11) of the 1987 Act and section 35(1) of the 1996 Act are to have effect as if they also provided for an appeal to the Court of Appeal to lie from the determination by a judge of an application under section 17.
In this section—
“restriction direction” has the meaning given in section 49(2) of the Mental Health Act 1983;
a sentence of imprisonment for a term of 12 months or more;
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Schedule 3 to the Sentencing Act (breach, revocation and amendment of certain community orders), as it has effect on the day on which this Act is passed, is amended as follows. In paragraph 3(1) (issue of summons or warrant by justice of the peace) omit the words “ acting in the local justice area concerned”. In paragraph 3(2) (court before which offender to appear or be brought), for paragraph (c) substitute— In paragraph 4 (powers of magistrates' court to deal with breach), after sub-paragraph (3) insert—
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The Persons exercising functions relating to the carrying on of the business of the First-tier Tribunal in respect of appeals under the Criminal Injuries Compensation Scheme by virtue of section 5(1) of the Criminal Injuries Compensation Act 1995.
Persons exercising functions relating to the carrying on of the business of a court.
“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000;
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 ”.
In section 3A of the Representation of the People Act 1983 (disenfranchisement of offenders detained in mental hospitals), for subsection (5) substitute—
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) insertor .
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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. In the heading, at the end insert “ on conviction ”. In paragraph (2) omit “further”.
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The Criminal Injuries Compensation Authority.
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, ”.
The effect of an order under section 17(2) is that where, in the course of the proceedings to which the order relates, a defendant is found guilty by a jury on a count which can be regarded as a sample of other counts to be tried in those proceedings, those other counts may be tried without a jury in those proceedings.
Where the trial of a count is conducted without a jury because of an order under section 17(2), the court is to have all the powers, authorities and jurisdiction which the court would have had if the trial of that count had been conducted with a jury (including power to determine any question and to make any finding which would be required to be determined or made by a jury).
Except where the context otherwise requires, any reference in an enactment to a jury, the verdict of a jury or the finding of a jury is to be read, in relation to the trial of a count conducted without a jury because of an order under section 17(2), as a reference to the court, the verdict of the court or the finding of the court.
Where the trial of a count is conducted without a jury because of an order under section 17(2) and the court convicts the defendant of that count—
the court must give a judgment which states the reasons for the conviction at, or as soon as reasonably practicable after, the time of the conviction, and
the reference in section 18(2) of the Criminal Appeal Act 1968 (c. 19) (notice of appeal or of application for leave to appeal to be given within 28 days from date of conviction etc) to the date of the conviction is to be read as a reference to the date of the judgment mentioned in paragraph (a).
Where, in the case of proceedings in respect of which an order under section 17(2) has been made, a jury convicts a defendant of a count, time does not begin to run under section 18(2) of the Criminal Appeal Act 1968 in relation to an appeal against that conviction until the date on which the proceedings end.
In determining for the purposes of subsection (5) the date on which proceedings end, any part of those proceedings which takes place after the time when matters relating to sentencing begin to be dealt with is to be disregarded.
Nothing in this section or section 17, 18 or 20 affects the requirement under section 4A of the Criminal Procedure (Insanity) Act 1964 (c. 84) that any question, finding or verdict mentioned in that section be determined, made or returned by a jury.
Rules of court may make such provision as appears to the authority making them to be necessary or expedient for the purposes of sections 17 to 19.
Without limiting subsection (1), rules of court may in particular make provision for time limits within which applications under section 17 must be made or within which other things in connection with that section or section 18 or 19 must be done.
Nothing in this section is to be taken as affecting the generality of any enactment conferring powers to make rules of court.
In their application to Northern Ireland, sections 17 to 20 have effect subject to the modifications in Schedule 1.
Sections 17 to 20 do not apply in relation to a trial to which section 5 of the Justice and Security (Northern Ireland) Act 2007 (trials on indictment without a jury) applies.
The Criminal Procedure (Insanity) Act 1964 is amended as follows.
In section 4 (finding of unfitness to plead), in subsection (5) (question of fitness to be determined by a jury), for the words from “by a jury” to the end substitute “ by the court without a jury ”.
In subsection (6) of that section, for “A jury” substitute “ The court ”.
In subsection (1) of section 4A (finding that the accused did the act or omission charged against him), for “jury” substitute “ court ”.
For subsection (5) of that section substitute—
The Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) is amended as follows.
In Article 49 (finding of unfitness to be tried), in paragraph (4) (question of fitness to be determined by a jury), for the words from “by a jury” to the end substitute “ by the court without a jury ”.
In paragraph (4A) of that Article, for “A jury” substitute “ The court ”.
In paragraph (1) of Article 49A (finding that the accused did the act or omission charged against him), for “jury” substitute “ court ”.
For paragraph (5) of that Article substitute—
For section 5 of the Criminal Procedure (Insanity) Act 1964 (c. 84) substitute—
Before Schedule 2 to the Criminal Procedure (Insanity) Act 1964 (c. 84) insert the Schedule set out in Schedule 2 to this Act.
“hospital order” has the meaning given in section 37 of the Mental Health Act 1983; “interim hospital order” has the meaning given in section 38 of that Act; “restriction order” has the meaning given to it by section 41 of that Act; “supervision order” has the meaning given in Part 1 of Schedule 1A to the 1964 Act.
Section 14A of the Criminal Appeal Act 1968 (c. 19) (power to order admission to hospital where, on appeal against verdict of not guilty by reason of insanity, Court of Appeal substitutes verdict of acquittal) is repealed.
Section 5 of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25) and Schedules 1 and 2 to that Act are repealed.
After section 16 of the Criminal Appeal Act 1968 insert—
Schedule 3 (unfitness to stand trial and insanity: courts-martial etc) has effect.
After section 125B of the Magistrates' Courts Act 1980 (c. 43) insert—
After Schedule 4 to that Act insert the Schedule set out in Schedule 4 to this Act.
After section 125C of the Magistrates' Courts Act 1980 insert—
Schedule 5 (procedure on breach of community penalty etc) has effect.
In section 58(13) of the Criminal Justice Act 2003 (c. 44) (which defines “applicable time”), for “start of the judge's” substitute “ time when the judge starts his ”.
After section 58(13) of that Act insert—
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The Secretary of State for Justice 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—
victims of criminal conduct, or
any aspect of the criminal justice system.
The code may restrict the application of its provisions to—
specified descriptions of victims;
victims of specified offences or descriptions of conduct;
specified persons or descriptions of persons appearing to the Secretary of State for Justice to have functions of the kind mentioned in subsection (1).
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—
instead of the victim (for example where the victim has died);
as well as the victim.
The code may make different provision for different purposes, including different provision for—
different descriptions of victims;
persons who have different functions or descriptions of functions;
different areas.
The code may not require anything to be done by—
a person acting in a judicial capacity;
a person acting in the discharge of a function of a member of the Crown Prosecution Service which involves the exercise of a discretion.
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.
In this section—
“victim impact statement” means a statement about the way in which, and degree to which, the offence has affected and (as the case may be) continues to affect the victim or any other person.
Subsections (2) to (7) apply in relation to a code of practice required to be issued under section 32.
The Secretary of State for Justice must prepare a draft of the code.
In preparing the draft the Secretary of State for Justice must consult the Attorney General and the Secretary of State for the Home Department.
After preparing the draft the Secretary of State for Justice must—
publish the draft;
specify a period during which representations about the draft may be made to him.
The Secretary of State for Justice must—
consider in consultation with the Attorney General and the Secretary of State for the Home Department any representations made to him before the end of the specified period about the draft;
if he thinks it appropriate, modify the draft in the light of any such representations.
After the Secretary of State for Justice has proceeded under subsection (5) he must lay the code before Parliament.
When he has laid the code before Parliament the Secretary of State for Justice must bring it into operation on such day as he appoints by order.
The Secretary of State for Justice 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.
But the Secretary of State for Justice may revise a code under subsection (8) only if it appears to him that the proposed revisions would not result in—
a significant reduction in the quality or extent of the services to be provided under the code, or
a significant restriction in the description of persons to whom services are to be provided under the code.
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.
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.
. . . . . . . . . . . . . . .
This section applies if—
a court convicts a person (“the offender”) of a sexual , violent or terrorism offence, and
a relevant sentence is imposed on him in respect of the offence.
But section 39 applies (instead of this section) if a hospital direction and a limitation direction are given in relation to the offender.
The local probation board for the area in which the sentence is imposed , or the provider of probation services operating in the local justice 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—
to make representations about the matters specified in subsection (4);
to receive the information specified in subsection (5).
The matters are—
whether the offender should be subject to any licence conditions or supervision requirements in the event of his release;
if so, what licence conditions or supervision requirements.
The provider of probation services mentioned in subsection (3) is the provider of probation services identified as such by arrangements under section 3 of the Offender Management Act 2007.
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.
If a person whose wishes have been ascertained under subsection (3) makes representations to the local probation board or provider of probation services mentioned in that subsection or the relevant probation body about a matter specified in subsection (4), the relevant probation body must forward those representations to the persons responsible for determining the matter.
If a local probation board or a provider of probation services has ascertained under subsection (3) that a person wishes to receive the information specified in subsection (5), the relevant probation body must take all reasonable steps—
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,
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
to provide the person with such other information as the relevant probation body considers appropriate in all the circumstances of the case.
In this section “the relevant probation body” is—
in a case where the offender is to be supervised on release by an officer of a local probation board or an officer of a provider of probation services, that local probation board or that provider of probation services (as the case may be);
in any other case—
if the prison or other place in which the offender is detained is situated in the area of a local probation board, that local probation board; and
if that prison or other place is not in such an area, the provider of probation services operating in the local justice area in which the prison or other place in which the offender is detained is situated, that is identified as the relevant probation body by arrangements under section 3 of the Offender Management Act 2007.
This section applies if the conditions in subsections (2) and (3) are met.
The first condition is that one of these applies in respect of a person (“the patient”) charged with a sexual , violent or terrorism offence—
the patient is convicted of the offence;
a verdict is returned that the patient is not guilty of the offence by reason of insanity;
a finding is made—
under section 4 of the Criminal Procedure (Insanity) Act 1964 (c. 84) that the patient is under a disability, and
under section 4A of that Act that he did the act or made the omission charged against him as the offence.
The second condition is that a hospital order , whether with or without a restriction order, is made in respect of the patient by a court dealing with him for the offence.
The local probation board for the area in which the determination mentioned in subsection (2)(a), (b) or (c) is made or the provider of probation services operating in the local justice 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—
to make representations about the matters specified in subsection (5);
to receive the information specified in subsection (6).
The matters are—
whether the patient should be subject to any conditions in the event of his discharge from hospital while a restriction order is in force in respect of him;
if so, what conditions ;
what conditions he should be subject to in the event of his discharge from hospital under a community treatment order.
The provider of probation services mentioned in subsection (4) is the provider of probation services identified as such by arrangements under section 3 of the Offender Management Act 2007.
The information is information about any conditions to which the patient is to be subject in the event of his discharge from hospital.
This section applies if, in a case where section 36 applies, the hospital order in respect of the patient was made with a restriction order.
If— the relevant probation body must forward the representations to the persons responsible for determining the matter.
a person makes representations about a matter specified in section 36(5) to the local probation board or provider of probation services mentioned in section 36(4) or the relevant probation body, and
it appears to the relevant probation body that the person is the victim of the offence or acts for the victim of the offence,
The duty in subsection (2) applies only while the restriction order made in respect of the patient is in force.
The Secretary of State must inform the relevant probation body if he is considering—
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),
whether to discharge the patient under section 42(2) of that Act, either absolutely or subject to conditions, or
if the patient has been discharged subject to conditions, whether to vary the conditions.
The First-tier Tribunal or the Mental Health Review Tribunal for Wales must inform the relevant probation body if—
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
the Secretary of State refers the patient’s case to the tribunal under section 71 of that Act (references concerning restricted patients).
Subsection (7) applies if—
the relevant probation body receives information under subsection (4) or (5), and
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—
when his wishes were ascertained under section 36(4), expressed a wish to make representations about a matter specified in section 36(5), or
has made representations about such a matter to the relevant probation body or the local probation board or provider of probation services mentioned in section 36(4).
The relevant probation body must provide the information to the person.
In this section, “the relevant probation body” is—
in a case where the patient is to be discharged subject to a condition that he reside in a particular area, which is or is part of the area of a local probation board, that local probation board;
in a case where the patient is to be discharged subject to a condition that he reside in a particular area other than one mentioned in paragraph (a), the provider of probation services operating in that area that is identified as the relevant probation body by arrangements under section 3 of the Offender Management Act 2007;
in any other case—
if the hospital in which the patient is detained is situated in the area of a local probation board, that local probation board; and
if that hospital is not so situated, the provider of probation services operating in the local justice area in which the hospital in which the patient is detained is situated that is identified as the relevant probation body by arrangements under section 3 of the Offender Management Act 2007.
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.
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—
to make representations about a matter specified in section 36(5), or
to receive the information specified in section 36(6).
The local probation board or the provider of probation services must—
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
notify that person of the name and address of the hospital.
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).
The local probation board or provider of probation services mentioned in section 36(4) must take all reasonable steps—
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
if the board or provider ascertains that the hospital order does continue in force—
to notify the managers of the relevant hospital of that person's wish, and
to notify that person of the name and address of the hospital.
The relevant hospital is—
the hospital in which the patient is detained, or
if a community treatment order is in force in respect of the patient, the responsible hospital.
This section applies if, in a case where section 36 applies, the hospital order in respect of the patient was made with a restriction order.
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—
when his wishes were ascertained under section 36(4), expressed a wish to receive the information specified in section 36(6), or
has subsequently informed the relevant probation body that he wishes to receive that information.
The relevant probation body must take all reasonable steps—
to inform that person whether or not the patient is to be subject to any conditions in the event of his discharge;
if he is, to provide that person with details of any conditions which relate to contact with the victim or his family;
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;
to provide that person with such other information as the body considers appropriate in all the circumstances of the case.
The Secretary of State must inform the relevant probation body—
whether the patient is to be discharged;
if he is, whether he is to be discharged absolutely or subject to conditions;
if he is to be discharged subject to conditions, what the conditions are to be;
if he has been discharged subject to conditions—
of any variation of the conditions by the Secretary of State;
of any recall to hospital under section 42(3) of the Mental Health Act 1983 (c. 20);
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.
Subsections (6) and (7) apply (instead of subsection (4)) if—
an application is made to the First-tier Tribunal or the Mental Health Review Tribunal for Wales by the patient under section 69, 70 or 75 of the Mental Health Act 1983 (c. 20) (applications concerning restricted patients), or
the Secretary of State refers the patient’s case to the First-tier Tribunal or the Mental Health Review Tribunal for Wales under section 71 of that Act (references concerning restricted patients).
The tribunal must inform the relevant probation body—
of the matters specified in subsection (4)(a) to (c);
if the patient has been discharged subject to conditions, of any variation of the conditions by the tribunal;
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.
The Secretary of State must inform the relevant probation body of the matters specified in subsection (4)(d) and (e).
The duties in subsections (3) to (7) apply only while the restriction order is in force.
The relevant probation body has the meaning given in section 37(8).
This section applies if, in a case where section 37 applies, an application or reference mentioned in subsection (5) of that section is made to the First-tier Tribunal or the Mental Health Review Tribunal for Wales.
The relevant probation body—
must take all reasonable steps to ascertain whether a person who appears to the body to be the victim of the offence or to act for the victim of the offence wishes to provide a victim impact statement to the body, and
if the person provides such a statement, must forward it to the tribunal.
Where a victim impact statement has been forwarded to the tribunal under subsection (2), the tribunal must—
allow the person who made the statement to request permission to read the statement to the tribunal at a relevant hearing, and
grant such permission unless the tribunal considers that there are good reasons not to.
The tribunal may have regard to the statement when determining a matter specified in section 36(5)(a) or (b) (but must not have regard to it for any other purpose).
In this section—
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.
Subsection (3) applies if—
a person makes representations about a matter specified in section 36(5) to the managers of the relevant hospital, and
it appears to the managers that the person is the victim of the offence or acts for the victim of the offence.
The managers must forward the representations to the persons responsible for determining the matter.
The responsible clinician must inform the managers of the relevant hospital if he is considering making—
an order for discharge in respect of the patient under section 23(2) of the Mental Health Act 1983,
a community treatment order in respect of the patient, or
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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The First-tier Tribunal or the Mental Health Review Tribunal for Wales must inform the managers of the relevant hospital if—
an application is made to the tribunal under section 66 or 69 of the Mental Health Act 1983, or
the patient's case is referred to the tribunal under section 67 of that Act.
Subsection (8) applies if—
the managers of the relevant hospital receive information under subsection (4)... or (6), and
a person who appears to the managers to be the victim of the offence or to act for the victim of the offence—
when his wishes were ascertained under section 36(4), expressed a wish to make representations about a matter specified in section 36(5), or
has made representations about such a matter to the managers of the hospital in which the patient was, at the time in question, detained.
The managers of the relevant hospital must provide the information to the person.
The relevant hospital has the meaning given in section 36A(6).
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.
The responsible clinician must inform the managers of the relevant hospital—
whether he is to make an order for discharge in respect of the patient under section 23(2) of the Mental Health Act 1983;
whether he is to make a community treatment order in respect of the patient;
if a community treatment order is to be made in respect of the patient, what conditions are to be specified in the order;
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;
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;
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.
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Subsection (5) applies if—
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,
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
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.
The tribunal must inform the managers of the relevant hospital if it directs that the patient is to be discharged.
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—
when his wishes were ascertained under section 36(4), expressed a wish to receive the information specified in section 36(6), or
has subsequently informed the managers of the relevant hospital that he wishes to receive that information.
The managers of the relevant hospital order must take all reasonable steps—
to inform that person whether the patient is to be discharged under section 23 or 72 of the Mental Health Act 1983;
to inform that person whether a community treatment order is to be made in respect of the patient;
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;
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;
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;
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;
to provide that person with such other information as the managers of the relevant hospital consider appropriate in all the circumstances of the case.
The relevant hospital has the meaning given by section 36A(6).
This section applies if, in a case where section 36 applies—
the hospital order in respect of the patient was made with a restriction order, and
the restriction order ceases to have effect while the hospital order continues in force.
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—
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
has subsequently informed the relevant probation body that he wishes to make representations about such a matter or to receive that information.
The relevant probation body must take all reasonable steps—
to notify the managers of the relevant hospital of an address at which that person may be contacted;
to notify that person of the name and address of the hospital.
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.
The relevant hospital has the meaning given in section 36A(6).
The relevant probation body has the meaning given in section 37(8).
This section applies if—
a person (“the offender”) is convicted of a sexual , violent or terrorism offence,
a relevant sentence is imposed on him in respect of the offence, and
a hospital direction and a limitation direction are given in relation to him by a court dealing with him for the offence.
The local probation board for the area in which the hospital direction is given , or the provider of probation services operating in the local justice 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—
to make representations about the matters specified in subsection (3);
to receive the information specified in subsection (4).
The matters are—
whether the offender should, in the event of his discharge from hospital while he is subject to a limitation direction, be subject to any conditions and, if so, what conditions;
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;
what conditions he should be subject to in the event of his discharge from hospital under a community treatment order;
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.
The provider of probation services mentioned in subsection (2) is the provider of probation services identified as such by arrangements under section 3 of the Offender Management Act 2007.
The information is—
information about any conditions to which the offender is to be subject in the event of his discharge;
information about any licence conditions or supervision requirements to which the offender is to be subject in the event of his release.
This section applies if section 39 applies.
If— the relevant probation body must forward the representations to the persons responsible for determining the matter.
a person makes representations about a matter specified in section 39(3) to the local probation board or provider of probation services mentioned in section 39(2) or the relevant probation body, and
it appears to the relevant probation body that the person is the victim of the offence or acts for the victim of the offence,
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.
The Secretary of State must inform the relevant probation body if he is considering—
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),
whether to discharge the offender under section 42(2) of that Act, either absolutely or subject to conditions, or
if the offender has been discharged subject to conditions, whether to vary the conditions.
The First-tier Tribunal or the Mental Health Review Tribunal for Wales must inform the relevant probation body if—
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
the Secretary of State refers the offender’s case to the tribunal under section 71 of that Act (references concerning restricted patients).
Subsection (7) applies if—
the relevant probation body receives information under subsection (4) or (5), and
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—
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
has made representations about such a matter to the relevant probation body or the local probation board or provider of probation services mentioned in section 39(2).
The relevant probation body must provide the information to the person.
For the purposes of this section, “the relevant probation body” is—
in a case where the offender is to be discharged from hospital subject to a condition that he reside in a particular area, which is or is part of the area of a local probation board, that local probation board;
in a case where the offender is to be discharged from hospital subject to a condition that he reside in a particular area other than one mentioned in paragraph (a), the provider of probation services operating in that area that is identified as the relevant probation body by arrangements under section 3 of the Offender Management Act 2007;
in a case where the offender is to be supervised on release by an officer of a local probation board or an officer of a provider of probation services, that local probation board or that provider of probation services (as the case may be);
in any other case—
if the hospital, prison or other place in which the offender is detained is situated in the area of a local probation board, that area; and
if that hospital, prison or other place is not so situated, the provider of probation services operating in the local justice area in which the hospital, prison or other place in which the offender is detained is situated, that is identified as the relevant probation body by arrangements under section 3 of the Offender Management Act 2007.
This section applies if section 39 applies.
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—
when his wishes were ascertained under section 39(2), expressed a wish to receive the information specified in section 39(4), or
has subsequently informed the relevant probation body that he wishes to receive that information.
The relevant probation body must take all reasonable steps—
to inform that person whether or not the offender is to be subject to any conditions in the event of his discharge;
if he is, to provide that person with details of any conditions which relate to contact with the victim or his family;
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;
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;
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;
to provide that person with such other information as the board considers appropriate in all the circumstances of the case.
The Secretary of State must inform the relevant probation body—
whether the offender is to be discharged;
if he is, whether he is to be discharged absolutely or subject to conditions;
if he is to be discharged subject to conditions, what the conditions are to be;
if he has been discharged subject to conditions—
of any variation of the conditions by the Secretary of State;
of any recall to hospital under section 42(3) of the Mental Health Act 1983 (c. 20);
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.
Subsections (6) and (7) apply (instead of subsection (4)) if—
an application is made to the First-tier Tribunal or the Mental Health Review Tribunal for Wales by the offender under section 69, 70 or 75 of the Mental Health Act 1983 (c. 20) (applications concerning restricted patients), or
the Secretary of State refers the offender’s case to the First-tier Tribunal or the Mental Health Review Tribunal for Wales under section 71 of that Act (references concerning restricted patients).
The tribunal must inform the relevant probation body—
of the matters specified in subsection (4)(a) to (c);
if the offender has been discharged subject to conditions, of any variation of the conditions by the tribunal;
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.
The Secretary of State must inform the relevant probation body of the matters specified in subsection (4)(d) and (e).
The duties in subsections (3)(a) to (c) and (4) to (7) apply only while the limitation direction is in force.
The relevant probation body has the meaning given in section 40(8).
This section applies if, in a case where section 39 applies—
the limitation direction in respect of the offender ceases to be in force, and
he is treated for the purposes of the Mental Health Act 1983 as a patient in respect of whom a hospital order has effect.
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—
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
has subsequently informed the relevant probation body that he wishes to make representations about such a matter or to receive that information.
The relevant probation body must take all reasonable steps—
to notify the managers of the relevant hospital of an address at which that person may be contacted;
to notify that person of the address of the hospital.
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.
The relevant hospital has the meaning given in section 36A(6).
The relevant probation body has the meaning given in section 40(8).
This section applies if—
a person (“the offender”) is convicted of a sexual , violent or terrorism offence,
a relevant sentence is imposed on him in respect of the offence, and
while the offender is serving the sentence, the Secretary of State gives a transfer direction in respect of the offender (whether or not he also gives a restriction direction in respect of the offender).
The local probation board for the area in which the hospital specified in the transfer direction is situated or the provider of probation services operating in the local justice 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 or the provider to be the victim of the offence or to act for the victim of the offence wishes—
to make representations about the matters specified in subsection (3);
to receive the information specified in subsection (4).
The matters are—
whether the offender should be subject to any conditions in the event of his discharge from hospital at a time when a restriction direction is in force in respect of him;
if so, what conditions ;
what conditions he should be subject to in the event of his discharge from hospital under a community treatment order.
The provider of probation services mentioned in subsection (2) is the provider of probation services identified as such by arrangements under section 3 of the Offender Management Act 2007.
The information is information about any conditions to which the offender is to be subject in the event of his discharge from hospital.
This section applies if, in a case where section 42 applies, the transfer direction in respect of the patient was given with a restriction direction.
If— the relevant probation body must forward the representations to the persons responsible for determining the matter.
a person makes representations about a matter specified in section 42(3) to the local probation board or provider of probation services mentioned in section 42(2) or the relevant probation body, and
it appears to the relevant probation body that the person is the victim of the offence or acts for the victim of the offence,
The duty in subsection (2) applies only while the restriction direction given in respect of the offender is in force.
The Secretary of State must inform the relevant probation body if he is considering—
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),
whether to discharge the offender under section 42(2) of that Act, either absolutely or subject to conditions, or
if the offender has been discharged subject to conditions, whether to vary the conditions.
The First-tier Tribunal or the Mental Health Review Tribunal for Wales must inform the relevant probation body if—
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
the Secretary of State refers the offender’s case to the tribunal under section 71 of that Act (references concerning restricted patients).
Subsection (7) applies if—
the relevant probation body receives information under subsection (4) or (5), and
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—
when his wishes were ascertained under section 42(2), expressed a wish to make representations about a matter specified in section 42(3), or
has made representations about such a matter to the relevant probation body or the local probation board or provider of probation services mentioned in section 42(2).
The relevant probation body must provide the information to the person.
In this section, “the relevant probation body” is—
in a case where the offender is to be discharged subject to a condition that he reside in a particular area, which is or is part of the area of a local probation board, that local probation board;
in a case where the offender is to be discharged subject to a condition that he reside in a particular area other than one mentioned in paragraph (a), the provider of probation services operating in that area that is identified as the relevant probation body by arrangements under section 3 of the Offender Management Act 2007;
in any other case—
if the hospital in which the offender is detained is situated in the area of a local probation board, that area; and
if that hospital is not so situated, the provider of probation services operating in the local justice area in which the hospital in which the offender is detained is situated, that is identified as the relevant probation body by arrangements under section 3 of the Offender Management Act 2007.
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.
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—
to make representations about a matter specified in section 42(3), or
to receive the information specified in section 42(4).
The local probation board or provider of probation services must—
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
notify that person of the name and address of the hospital.
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).
The local probation board or provider of probation services mentioned in section 42(2) must take all reasonable steps—
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
if the board or the provider ascertains that the transfer direction does continue in force—
to notify the managers of the relevant hospital of that person's wish, and
to notify that person of the name and address of the hospital.
The relevant hospital has the meaning given in section 36A(6).
This section applies if, in a case where section 42 applies, the transfer direction in respect of the patient was given with a restriction direction.
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—
when his wishes were ascertained under section 42(2), expressed a wish to receive the information specified in section 42(4), or
has subsequently informed the relevant probation body that he wishes to receive that information.
The relevant probation body must take all reasonable steps—
to inform that person whether or not the offender is to be subject to any conditions in the event of his discharge;
if he is, to provide that person with details of any conditions which relate to contact with the victim or his family;
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;
to provide that person with such other information as the board or the body considers appropriate in all the circumstances of the case.
The Secretary of State must inform the relevant probation body—
whether the offender is to be discharged;
if he is, whether he is to be discharged absolutely or subject to conditions;
if he is to be discharged subject to conditions, what the conditions are to be;
if he has been discharged subject to conditions—
of any variation of the conditions by the Secretary of State;
of any recall to hospital under section 42(3) of the Mental Health Act 1983 (c. 20);
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.
Subsections (6) and (7) apply (instead of subsection (4)) if—
an application is made to the First-tier Tribunal or the Mental Health Review Tribunal for Wales by the offender under section 69, 70 or 75 of the Mental Health Act 1983 (applications concerning restricted patients), or
the Secretary of State refers the offender’s case to the First-tier Tribunal or the Mental Health Review Tribunal for Wales under section 71 of that Act (references concerning restricted patients).
The tribunal must inform the relevant probation body—
of the matters specified in subsection (4)(a) to (c);
if the offender has been discharged subject to conditions, of any variation of the conditions by the tribunal;
if the restriction direction is to cease to have effect by virtue of action to be taken by the tribunal, of the date on which the restriction direction is to cease to have effect.
The Secretary of State must inform the relevant probation body of the matters specified in subsection (4)(d) and (e).
The duties in subsections (3) to (7) apply only while the restriction direction is in force.
The relevant probation body has the meaning given in section 43(8).
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.
Subsection (3) applies if—
a person makes representations about a matter specified in section 42(3) to the managers of the relevant hospital, and
it appears to the managers that the person is the victim of the offence or acts for the victim of the offence.
The managers must forward the representations to the persons responsible for determining the matter.
The responsible clinician must inform the managers of the relevant hospital if he is considering making—
an order for discharge in respect of the patient under section 23(2) of the Mental Health Act 1983,
a community treatment order in respect of him, or
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.
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The First-tier Tribunal or the Mental Health Review Tribunal for Wales must inform the managers of the relevant hospital if—
an application is made to the tribunal under section 66 or 69 of the Mental Health Act 1983, or
the patient's case is referred to the tribunal under section 67 of that Act.
Subsection (8) applies if—
the managers of the relevant hospital receive information under subsection (4)... or (6), and
a person who appears to the managers to be the victim of the offence or to act for the victim of the offence—
when his wishes were ascertained under section 42(2), expressed a wish to make representations about a matter specified in section 42(3), or
has made representations about such a matter to the managers of the hospital in which the patient was, at the time in question, detained.
The managers of the relevant hospital must provide the information to the person.
The relevant hospital has the meaning given in section 36A(6).
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.
The responsible clinician must inform the managers of the relevant hospital—
whether he is to make an order for discharge in respect of the patient under section 23(2) of the Mental Health Act 1983;
whether he is to make a community treatment order in respect of the patient;
if a community treatment order is to be made in respect of the patient, what conditions are to be specified in the order;
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;
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;
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.
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Subsection (5) applies if—
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,
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
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.
The tribunal must inform the managers of the relevant hospital if it directs that the patient be discharged.
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—
when his wishes were ascertained under section 42(2), expressed a wish to receive the information specified in section 42(4), or
has subsequently informed the managers of the relevant hospital that he wishes to receive that information.
The managers of the relevant hospital order must take all reasonable steps—
to inform that person whether the patient is to be discharged under section 23 or 72 of the Mental Health Act 1983;
to inform that person whether a community treatment order is to be made in respect of the patient;
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;
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;
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;
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;
to provide that person with such other information as the managers of the relevant hospital consider appropriate in all the circumstances of the case.
The relevant hospital has the meaning given by section 36A(6).
This section applies if, in a case where section 42 applies—
the transfer direction in respect of the patient was given with a restriction direction, and
the restriction direction ceases to be in force while the transfer direction continues in force.
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—
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
has subsequently informed the relevant probation body that he wishes to make representations about such a matter or to receive that information.
The relevant probation body must take all reasonable steps—
to notify the managers of the relevant hospital of an address at which that person may be contacted;
to notify that person of the name and address of the hospital.
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.
The relevant hospital has the meaning given in section 36A(6).
The relevant probation body has the meaning given in section 43(8).
In sections 35 to 44B this Part—
“court” does not include a court-martial or the Courts-Martial Appeal Court;
“the managers” has the meaning given in section 145 of the Mental Health Act 1983;
“transfer direction” has the meaning given in section 47(1) of the Mental Health Act 1983.
“victim impact statement” means a statement about the way in which, and the degree to which, the offence has affected and (as the case may be) continues to affect the victim or any other person.
Section 11 of the Juries Act 1974 (ballot and swearing of jurors) is amended as follows. In subsection (5) omit paragraph (b). In subsection (6) omit “, (b)”.
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
a sentence of detention for a period of 12 months or more under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (offenders under 18 convicted of certain serious offences);
“relevant hearing” means any hearing held by the tribunal before making a decision which disposes of proceedings on the application or reference mentioned in subsection (1)(d);
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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).
In section 7 of that Act (interpretation), in subsection (1), for “sections 1 to 5” substitute “ sections 1 to 5A ”.
“limitation direction” has the meaning given in section 45A(3)(b) of the Mental Health Act 1983;
For the purposes of sections 35 to 44B, an offence is a sexual, violent or terrorism offence if it is any of these—
murder or an offence specified in Schedule 18 to the Sentencing Code;
an offence in respect of which the patient or offender is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c. 42));
an offence against a child within the meaning of Part 2 of the Criminal Justice and Court Services Act 2000.
A reference in any provision of this Part to “the provider of probation services” is—
where there is only one provider of probation services within the meaning given by section 3(6) of the Offender Management Act 2007, to that provider;
otherwise, to the provider of probation services identified as having the functions of the provider of probation services for the purposes of that provision by arrangements under section 3 of that Act (and different providers may be identified for different purposes).
A reference in sections 35 to 44B to a place in which a person is detained includes a reference to a place in which he is liable to be detained under the Mental Health Act 1983.
For the purposes of section 32(3) of that Act (regulations as to delegation of managers' functions, etc.) as applied by Parts 1 and 2 of Schedule 1 to that Act, a function conferred on the managers of a hospital under sections 35 to 44B of this Act is to be treated as a function of theirs under Part 3 of that Act.
The Justice (Northern Ireland) Act 2002 (c. 26) is amended as follows.
After section 69 (views on temporary release) insert—
“restriction direction” has the meaning given in Article 55(2) of the Mental Health (Northern Ireland) Order 1986; “transfer direction” has the meaning given in Article 53(2) of that Order. “hospital order” has the meaning given in Article 44(1) of the Mental Health (Northern Ireland) Order 1986; “restriction order” has the meaning given in Article 47(1) of that Order; “sentence of imprisonment” has the meaning given in Article 53(5) of that Order.
In section 90(5) (statutory rules), in paragraph (b) after “section 68” insert “ or 69A ”.
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Schedule 7 (which amends the Parliamentary Commissioner Act 1967 (c. 13)) has effect.
The Secretary of State for Justice must appoint a Commissioner for Victims and Witnesses (referred to in this Part as the Commissioner).
Before appointing the Commissioner the Secretary of State for Justice must consult the Attorney General and the Secretary of State for the Home Department as to the person to be appointed.
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as the servant or agent of the Crown, or
as enjoying any status, immunity or privilege of the Crown.
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The Secretary of State may pay to, or in respect of, the Commissioner amounts—
by way of remuneration, pensions, allowances or gratuities, or
by way of provision for any such benefits.
The Secretary of State may pay sums in respect of the expenses of the Commissioner.
The Commissioner must—
promote the interests of victims and witnesses;
take such steps as he considers appropriate with a view to encouraging good practice in the treatment of victims and witnesses;
keep under review the operation of the code of practice issued under section 32.
The Commissioner may, for any purpose connected with the performance of his duties under subsection (1)—
make proposals to the Secretary of State for Justice for amending the code (at the request of the Secretary of State for Justice or on his own initiative);
make a report to the Secretary of State for Justice;
make recommendations to an authority within his remit (whether or not made by way of inclusion in a report prepared under paragraph (b) or subsection (4));
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consult any person he thinks appropriate.
If the Commissioner makes a report to the Secretary of State for Justice under subsection (2)(b)—
the Commissioner must send a copy of the report to the Attorney General and the Secretary of State for the Home Department;
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The Commissioner must prepare in respect of each calendar year a report on the carrying out of the functions of the Commissioner during the year.
A report prepared under subsection (2)(b) or (4) may include provision making recommendations to any authority within the Commissioner’s remit.
The Commissioner must send a copy of each report prepared under subsection (4) to—
the Secretary of State for Justice,
the Attorney General, and
the Secretary of State for the Home Department.
The Commissioner must arrange for each report prepared under subsection (4) to be laid before Parliament.
Reports under subsection (2)(b) or (4) must be published by the Commissioner.
If section 48 comes into force after the beginning of a calendar year, the first report under subsection (4) may relate to a period beginning with the day on which that section comes into force and ending with the end of the next calendar year.
If he is required to do so by a Minister of the Crown, the Commissioner must give advice to the Minister of the Crown in connection with any matter which—
is specified by the Minister, and
relates to victims or witnesses.
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In this section “Minister of the Crown” includes the Treasury.
This section applies where the Commissioner publishes a report under section 49(2)(b) or (4) containing recommendations to an authority within the Commissioner’s remit.
The relevant person must prepare comments on the report.
The relevant person is—
where the authority is a government department in the charge of a Minister of the Crown, the Minister, or
in any other case, the authority.
The comments must include, in respect of each recommendation made in the report, an explanation of—
the action which the relevant person has taken, or proposes to take, in response to the recommendation, or
why the relevant person has not taken, or does not propose to take, any action in response.
The relevant person must arrange for the comments to be published in such manner as the person considers appropriate.
The comments must be published before the end of the period of 56 days beginning with the day on which the report is published.
The relevant person must send a copy of anything published under subsection (6) to—
the Commissioner, and
(unless the authority is a government department in the charge of a Minister of the Crown) the Secretary of State.
The Commissioner must not exercise any of his functions in relation to—
a particular victim or witness;
the bringing or conduct of particular proceedings;
anything done or omitted to be done by a person acting in a judicial capacity or on the instructions of or on behalf of such a person.
This section applies for the purposes of sections 48 to 51.
“Victim” means—
a victim of an offence, or
a victim of anti-social behaviour.
It is immaterial for the purposes of subsection (2)(a) that—
no person has reported the offence;
no person has been charged with or convicted of the offence.
“Witness” means a person (other than a defendant)—
who has witnessed conduct in relation to which he may be or has been called to give evidence in relevant proceedings;
who is able to provide or has provided anything which might be used or has been used as evidence in relevant proceedings; or
who is able to provide or has provided anything mentioned in subsection (5) (whether or not admissible in evidence in relevant proceedings).
The things referred to in subsection (4)(c) are—
anything which might tend to confirm, has tended to confirm or might have tended to confirm evidence which may be, has been or could have been admitted in relevant proceedings;
anything which might be, has been or might have been referred to in evidence given in relevant proceedings by another person;
anything which might be, has been or might have been used as the basis for any cross examination in the course of relevant proceedings.
For the purposes of subsection (4)—
a person is a defendant in relation to any criminal proceedings if he might be, has been or might have been charged with or convicted of an offence in the proceedings;
a person is a defendant in relation to any other relevant proceedings if he might be, has been or might have been the subject of an order made in those proceedings.
In subsections (4) to (6) “relevant proceedings” means—
criminal proceedings;
proceedings of any other kind in respect of anti-social behaviour.
For the purposes of this section—
“anti-social behaviour” means behaviour by a person which causes or is likely to cause harassment, alarm or distress to one or more persons not of the same household as the person;
a person is a victim of anti-social behaviour if the behaviour has caused him harassment, alarm or distress and he is not of the same household as the person who engages in the behaviour.
For the purposes of this Part the authorities within the Commissioner’s remit are those specified in Schedule 9.
An authority specified in Schedule 9 that has functions in relation to an area outside England and Wales is within the Commissioner’s remit only to the extent that it discharges its functions in relation to England and Wales.
Subsection (2) does not apply in relation to the Foreign and Commonwealth Office.
The Secretary of State for Justice may by order amend Schedule 9 by—
adding an authority appearing to him to exercise functions of a public nature;
omitting an authority;
changing the description of an authority.
In preparing a draft of an order under subsection (4) the Secretary of State for Justice must consult the Attorney General and the Secretary of State for the Home Department.
The Commissioner may request a relevant person to co-operate with the Commissioner in any way that the Commissioner considers necessary for the purposes of the Commissioner’s functions.
A relevant person must comply with a request made to the person under this section, so far as it is appropriate and reasonably practicable for the person to do so.
In this section “relevant person” means a person who is not an individual and is subject to the duty in section 5(1) of the Victims and Prisoners Act 2024 (duty to provide services in accordance with the code issued under section 2 of that Act).
A person may disclose information to a relevant authority for a purpose specified in subsection (2).
The purposes are purposes connected with any of these—
compliance with the code issued under section 32;
compliance with sections 35 to 44;
the carrying out of the functions of the Commissioner.
These are relevant authorities—
a person required to do anything under the code issued under section 32;
a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 (c. 43);
the Commissioner;
a provider of probation services,
an authority within the Commissioner’s remit.
The Secretary of State for Justice may by order—
amend subsection (2) by adding any purpose appearing to him to be connected with the assistance of victims of offences or anti-social behaviour, witnesses of offences or anti-social behaviour or other persons affected by offences or anti-social behaviour;
amend subsection (3) by adding any authority appearing to him to exercise functions of a public nature.
The reference in subsection (4)(a) to persons affected by offences does not include persons accused or convicted of offences.
The Secretary of State for Justice may exercise the power in subsection (4) only after consulting the Attorney General and the Secretary of State for the Home Department.
Nothing in this section authorises the making of a disclosure which contravenes the data protection legislation.
This section does not affect a power to disclose which exists apart from this section.
In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
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The Secretary of State must appoint persons to form a panel, to be known as the Victims' Advisory Panel.
The Secretary of State must consult the Attorney General and the Lord Chancellor before—
appointing a person to the Panel, or
removing a person from the Panel.
The Secretary of State must consult the Panel at such times and in such manner as he thinks appropriate on matters appearing to him to relate to victims of offences or anti-social behaviour or witnesses of offences or anti-social behaviour.
The Secretary of State may reimburse the members of the Panel for such of their travelling and other expenses as he thinks appropriate.
If the Secretary of State consults the Panel under subsection (3) in a particular year, he must arrange for the Panel to prepare a report for the year—
summarising what the Panel has done in response to the consultation, and
dealing with such other matters as the Panel consider appropriate.
If a report is prepared under subsection (5), the Secretary of State must—
arrange for it to be published, and
lay it before Parliament.
The non-statutory Victims' Advisory Panel is to be treated as having been established in accordance with this section.
If the Secretary of State consults the non-statutory Victims' Advisory Panel on a matter mentioned in subsection (3) before the date on which this section comes into force, the consultation is to be treated as taking place under subsection (3).
The non-statutory Victims' Advisory Panel is the unincorporated body of persons known as the Victims' Advisory Panel established by the Secretary of State before the date on which this section comes into force.
In this section “year” means a period of 12 months beginning on 1 April.
The Secretary of State may pay such grants to such persons as he considers appropriate in connection with measures which appear to him to be intended to assist victims, witnesses or other persons affected by offences.
The Secretary of State may make a grant under this section subject to such conditions as he considers appropriate.
In the application of this section to Northern Ireland, any reference in subsection (1) or (2) to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland.
The Criminal Injuries Compensation Act 1995 (c. 53) is amended as follows.
After section 7 insert—.
In section 9(7) (financial provisions: sums payable into Consolidated Fund), after “section 3(1)(c)” insert “ , or by virtue of regulations made under section 7A(1), ”.
In section 11, after subsection (8) insert—
Schedule 10 (minor and consequential amendments) has effect.
The provisions mentioned in Schedule 11 are repealed or revoked to the extent specified.
Schedule 12 (transitional and transitory provisions) has effect.
The preceding provisions of this Act come into force in accordance with provision made by the Secretary of State by order.
An order under this Act—
may make different provision for different purposes;
may include supplementary, incidental, saving or transitional provisions.
Any power of the Secretary of State to make an order under this Act is exercisable by statutory instrument.
A statutory instrument containing an order under section 9(6) or 33(7) is subject to annulment in pursuance of a resolution of either House of Parliament.
No order may be made under section 14(5), 53(4) or 54(4) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
Any power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 .
An order made by the Department of Justice is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 ).
Subject to the following provisions of this section, Parts 1 to 3 extend to England and Wales only.
The following provisions extend also to Northern Ireland—
The following provisions extend to Northern Ireland only—
Nothing in subsection (1) affects the extent of section 8 or of any provision of section 6 or 6A as applied by section 8.
An amendment, repeal or revocation in Schedule 3, 7, 8, 10 or 11 has the same extent as the provision to which it relates.
This Act may be cited as the Domestic Violence, Crime and Victims Act 2004.
This section applies if—
one of these applies in respect of a person—
the person is convicted of an offence listed in Part 1 of Schedule 6A and a sentence of imprisonment or detention for a term of less than the specified sentence length is imposed on the offender in respect of the offence,
the person is convicted of an offence listed in Part 3 of Schedule 6A and a sentence of imprisonment or detention is imposed on the offender in respect of the offence, or
the person is convicted of an offence where the behaviour giving rise to the offence involved domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act) and a sentence of imprisonment or detention is imposed on the offender in respect of the offence,
the provider of probation services receives a request for information to be provided in accordance with this section, and
the person who made the request appears to the provider of probation services to be the victim of the offence or to act for the victim of the offence.
But section 44H applies (instead of this section) if a hospital direction and a limitation direction are given in relation to the offender.
The provider of probation services must take all reasonable steps—
so far as the provider considers it appropriate to do so, to provide the person who made the request with—
information about the release, or consideration for release, of the offender;
information about the imposition of licence conditions or supervision requirements in connection with the offender’s release;
details of any such conditions or requirements which the provider considers relate to the victim or the victim’s family;
to provide the person with such other information as the provider considers appropriate in all the circumstances of the case.
This section applies if—
a person (“the patient”) is charged with—
an offence that is listed in Part 3 of Schedule 6A, or
an offence where the behaviour giving rise to the charge involved domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act),
one of these applies in respect of the patient—
the patient is convicted of the offence;
a verdict is returned that the patient is not guilty of the offence by reason of insanity;
a finding is made under section 4 of the Criminal Procedure (Insanity) Act 1964 that the patient is under a disability, and under section 4A of that Act that the patient did the act or made the omission charged against the patient as the offence,
a hospital order is made with a restriction order in respect of the patient by a court dealing with the patient for the offence,
the provider of probation services receives a request for information to be provided in accordance with this section, and
the person who made the request appears to the provider of probation services to be the victim of the offence or to act for the victim of the offence.
The provider of probation services must take all reasonable steps to ascertain whether the hospital order and the restriction order made in respect of the patient continue in force.
If the hospital order and the restriction order continue in force, the provider of probation services must take all reasonable steps—
so far as the provider considers it appropriate to do so, to provide the person who made the request with—
information about the discharge, or consideration for discharge, of the patient;
information about the imposition of conditions in connection with the patient’s discharge;
details of any such conditions which the provider considers relate to the victim or the victim’s family;
if the restriction order in respect of the patient is to cease to have effect, so far as the provider considers it appropriate to do so, to notify that person of the date on which it is to cease to have effect;
so far as the provider considers it appropriate to do so, to provide the person with—
information about the grant to the patient of leave to be absent from hospital under section 17 of the Mental Health Act 1983, or the consideration of the patient for such leave;
information about the imposition of conditions in connection with the grant to the patient of such leave;
details of any such conditions which the provider considers relate to the victim or the victim’s family;
to provide that person with such other information as the provider considers appropriate in all the circumstances of the case.
The Secretary of State must give the provider of probation services such information as the Secretary of State considers appropriate for the purpose of enabling the provider to carry out its functions under subsection (3).
But the Secretary of State is not required by subsection (4) to give the provider of probation services information that the tribunal is required to give the provider under subsection (7).
Subsection (7) applies if—
an application is made to the First-tier Tribunal or the Mental Health Review Tribunal for Wales by the patient under section 69, 70 or 75 of the Mental Health Act 1983 (applications concerning restricted patients), or
the Secretary of State refers the patient’s case to the First-tier Tribunal or the Mental Health Review Tribunal for Wales under section 71 or 75 of that Act (applications and references concerning restricted patients).
The tribunal must inform the provider of probation services—
whether the patient is to be discharged;
if so, whether the patient is to be discharged absolutely or subject to conditions;
if the patient is to be discharged subject to conditions, what the conditions are to be;
if the patient has been discharged subject to conditions, of any variation of the conditions by the tribunal;
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.
This section applies where—
a person (“the patient”) is charged with—
an offence that is listed in Part 3 of Schedule 6A, or
an offence where the behaviour giving rise to the charge involved domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act),
one of these applies in respect of the patient—
the patient is convicted of the offence;
a verdict is returned that the patient is not guilty of the offence by reason of insanity;
a finding is made under section 4 of the Criminal Procedure (Insanity) Act 1964 that the patient is under a disability, and under section 4A of that Act that the patient did the act or made the omission charged against the patient as the offence,
a hospital order is made with a restriction order in respect of the patient by a court dealing with the patient for the offence,
either—
an application is made to the First-tier Tribunal or the Mental Health Review Tribunal for Wales by the patient under section 69, 70 or 75 of the Mental Health Act 1983 (applications concerning restricted patients), or
the Secretary of State refers the patient’s case to the tribunal under section 71 or 75 of that Act (references concerning restricted patients), and
the provider of probation services considers it appropriate to give a person who appears to the provider to be the victim of the offence the opportunity to provide a victim impact statement under this section.
The provider of probation services—
must take all reasonable steps to ascertain whether the person wishes to provide a victim impact statement to the provider, and
if the person provides such a statement, must forward it to the tribunal.
Where a victim impact statement has been forwarded to the tribunal under subsection (2), the tribunal must—
allow the person who made the statement to request permission to read the statement to the tribunal at a relevant hearing, and
grant such permission unless the tribunal considers that there are good reasons not to.
The tribunal may have regard to the statement when determining any of the following matters (but must not have regard to it for any other purpose)—
whether the patient should be subject to any conditions in the event of the patient’s discharge from hospital while a restriction order is in force in respect of the patient;
if so, what conditions;
what conditions the patient should be subject to in the event of the patient’s discharge from hospital under a community treatment order.
In this section—
This section applies if—
a person (“the patient”) is charged with—
an offence that is listed in Part 3 of Schedule 6A, or
an offence where the behaviour giving rise to the charge involved domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act),
one of these applies in respect of the patient—
the patient is convicted of the offence;
a verdict is returned that the patient is not guilty of the offence by reason of insanity;
a finding is made under section 4 of the Criminal Procedure (Insanity) Act 1964 that the patient is under a disability, and under section 4A of that Act that the patient did the act or made the omission charged against the patient as the offence,
a hospital order is made without a restriction order in respect of the patient by a court dealing with the patient for the offence,
the provider of probation services receives a request for information to be provided in accordance with this section, and
the person who made the request appears to the provider of probation services to be the victim of the offence or to act for the victim of the offence.
The provider of probation services must take all reasonable steps to ascertain—
whether the hospital order made in respect of the patient continues in force, and
if so, whether a community treatment order is in force in respect of the patient.
If the hospital order made in respect of the patient continues in force—
the provider of probation services must take all reasonable steps to notify the managers of the relevant hospital of the request and of the name and address of the person who made it, and
the provider may notify that person of the name and address of the relevant hospital.
If notified under subsection (3)(a), the managers of the relevant hospital must take all reasonable steps—
so far as the managers consider it appropriate to do so, to provide the person who made the request or the provider of probation services with—
information about the discharge, or consideration for discharge, of the patient under section 23 or 72 of the Mental Health Act 1983;
information about the making of a community treatment order in respect of the patient;
details of any conditions specified in a community treatment order made in respect of the patient which the managers consider relate to the victim or the victim’s family;
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, so far as the managers consider it appropriate to do so, to provide that person or the provider with details of any variation which the managers consider relates to the victim or the victim’s family;
if a community treatment order in respect of the patient is to cease to be in force, so far as the managers consider it appropriate to do so, to inform that person or the provider of the date on which it is to cease to be in force;
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, so far as the managers consider it appropriate to do so, to inform that person or the provider of the date on which the authority is to expire;
so far as the managers consider it appropriate to do so, to provide that person or the provider with—
information about the grant to the patient of leave to be absent from hospital under section 17 of the Mental Health Act 1983, or the consideration of the patient for such leave;
information about the imposition of conditions in connection with the grant to the patient of such leave;
details of any such conditions which the managers consider relate to the victim or the victim’s family;
to provide that person or the provider with such other information as the managers consider appropriate in all the circumstances of the case.
If the provider of probation services is provided with information under subsection (4), it must, so far as it considers it appropriate to do so, provide the information to the person who made the request.
The responsible clinician must provide the managers of the relevant hospital with any information which the responsible clinician has and which is requested by the managers for the purpose of carrying out their functions under subsection (4).
Subsection (8) applies if—
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,
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
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.
The tribunal must inform the managers of the relevant hospital if it directs that the patient is to be discharged.
In this section “the relevant hospital” is—
the hospital in which the patient is detained, or
if a community treatment order is in force in respect of the patient, the responsible hospital.
This section applies if—
the provider of probation services is required to provide information to a person in accordance with section 44D, and
the restriction order mentioned in section 44D(1)(c) has ceased to have effect (whether before or after the request for the information was made) while the hospital order continues in force.
The provider of probation services must take all reasonable steps to notify the managers of the relevant hospital of an address at which the person who made the request for the information may be contacted.
The provider of probation services may notify the person who made the request of the name and address of the relevant hospital.
While the hospital order continues in force—
the patient in respect of whom the hospital order was made with the restriction order is to be regarded as a patient in respect of whom a hospital order was made without a restriction order; and section 44F applies in relation to the patient accordingly, and
the request for information under section 44D is to be treated as a request for information to be provided in accordance with section 44F.
In this section “the relevant hospital” has the meaning given by section 44F(9).
This section applies if—
one of these applies in respect of a person—
the person is convicted of an offence that is listed in Part 1 of Schedule 6A and a sentence of imprisonment or detention for a term of less than the specified sentence length is imposed on the person in respect of the offence,
the person is convicted of an offence that is listed in Part 3 of Schedule 6A and a sentence of imprisonment or detention is imposed on the person in respect of the offence, or
the person is convicted of an offence where the behaviour giving rise to the offence involved domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act) and a sentence of imprisonment or detention is imposed on the person in respect of the offence,
a hospital direction and a limitation direction are given in relation to the offender by a court dealing with the offender for the offence,
the provider of probation services receives a request for information to be provided in accordance with this section, and
the person who made the request appears to the provider of probation services to be the victim of the offence or to act for the victim of the offence.
The provider of probation services must take all reasonable steps to ascertain whether the hospital direction and the limitation direction given in respect of the offender continue in force.
If the hospital direction and the limitation direction continue in force, the provider of probation services must take all reasonable steps—
so far as the provider considers it appropriate to do so, to provide the person who made the request with—
information about the discharge, or consideration for discharge, of the offender;
information about the imposition of conditions in connection with the offender’s discharge;
details of any such conditions which the provider considers relate to the victim or the victim’s family;
if the limitation direction in respect of the offender is to cease to have effect, so far as the provider considers it appropriate to do so, to notify that person of the date on which it is to cease to have effect;
so far as the provider considers it appropriate to do so, to provide that person with—
information about the release, or consideration for release, of the offender;
information about the imposition of licence conditions or supervision requirements in connection with the offender’s release;
details of any such conditions or requirements which the provider considers relate to the victim or the victim’s family;
so far as the provider considers it appropriate to do so, to provide that person with—
information about the grant to the offender of leave to be absent from hospital under section 17 of the Mental Health Act 1983, or the consideration of the offender for such leave;
information about the imposition of conditions in connection with the grant to the offender of such leave;
details of any such conditions which the provider considers relate to the victim or the victim’s family;
to provide that person with such other information as the provider considers appropriate in all the circumstances of the case.
The Secretary of State must give the provider of probation services such information as the Secretary of State considers appropriate for the purpose of enabling the provider to carry out its functions under subsection (3).
But the Secretary of State is not required by subsection (4) to give the provider of probation services information that the tribunal is required to give the provider under subsection (7).
Subsection (7) applies if—
an application is made to the First-tier Tribunal or the Mental Health Review Tribunal for Wales by the offender under section 69, 70 or 75 of the Mental Health Act 1983 (applications concerning restricted patients), or
the Secretary of State refers the offender’s case to the First-tier tribunal or the Mental Health Review Tribunal for Wales under section 71 or 75 of that Act (applications and references concerning restricted patients).
The tribunal must inform the provider of probation services—
whether the offender is to be discharged;
if so, whether the offender is to be discharged absolutely or subject to conditions;
if the offender is to be discharged subject to conditions, what the conditions are to be;
if the offender has been discharged subject to conditions, of any variation of the conditions by the tribunal;
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.
This section applies if—
the provider of probation services is required to provide information to a person in accordance with section 44H,
the limitation direction mentioned in section 44H(1)(b) has ceased to have effect (whether before or after the request for the information was made), and
the offender in respect of whom the request for the information was made is treated for the purposes of the Mental Health Act 1983 as a patient in respect of whom a hospital order has effect.
The provider of probation services must take all reasonable steps to notify the managers of the relevant hospital of an address at which the person who made the request for the information may be contacted.
The provider of probation services may notify the person who made the request of the name and address of the relevant hospital.
The offender is to be regarded as a patient in respect of whom a hospital order was made without a restriction order; and section 44F applies in relation to the offender accordingly.
The request for information under section 44H is to be treated as a request for information to be provided in accordance with section 44F.
In this section “the relevant hospital” means the hospital in which the offender is detained.
This section applies if—
one of these applies in respect of a person—
the person is convicted of an offence listed in Part 1 of Schedule 6A and a sentence of imprisonment or detention for a term of less than the specified sentence length is imposed on the offender in respect of the offence,
the person is convicted of an offence listed in Part 3 of Schedule 6A and a sentence of imprisonment or detention is imposed on the offender in respect of the offence, or
the person is convicted of an offence where the behaviour giving rise to the offence involved domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act) and a sentence of imprisonment or detention is imposed on the person in respect of the offence,
while the person is serving the sentence, the Secretary of State gives a transfer direction with a restriction direction in respect of the person,
the provider of probation services receives a request for information to be provided in accordance with this section, and
the person who made the request appears to the provider of probation services to be the victim of the offence or to act for the victim of the offence.
The provider of probation services must take all reasonable steps to ascertain whether the transfer direction and the restriction direction continue in force.
If the transfer direction and the restriction direction continue in force, the provider of probation services must take all reasonable steps—
so far as the provider considers it appropriate to do so, to provide the person who made the request with—
information about the discharge, or consideration for discharge, of the patient;
information about the imposition of conditions in connection with the patient’s discharge;
details of any such conditions which the provider considers relate to the victim or the victim’s family;
if the restriction direction in respect of the patient is to cease to have effect, so far as the provider considers it appropriate to do so, to notify that person of the date on which it is to cease to have effect;
so far as the provider considers it appropriate to do so, to provide that person with—
information about the release, or consideration for release, of the patient;
information about the imposition of licence conditions or supervision requirements in connection with the patient’s release;
details of any such conditions or requirements which the provider considers relate to the victim or the victim’s family;
so far as the provider of probation services considers it appropriate to do so, to provide that person with—
information about the grant to the patient of leave to be absent from hospital under section 17 of the Mental Health Act 1983, or the consideration of the patient for such leave;
information about the imposition of conditions in connection with the grant to the patient of such leave;
details of any such conditions which the provider considers relate to the victim or the victim’s family;
to provide that person with such other information as the provider considers appropriate in all the circumstances of the case.
The Secretary of State must give the provider of probation services such information as the Secretary of State considers appropriate for the purpose of enabling the provider to carry out its functions under subsection (3).
But the Secretary of State is not required by subsection (4) to give the provider of probation services information that the tribunal is required to give the provider under subsection (7).
Subsection (7) applies if—
an application is made to the First-tier Tribunal or the Mental Health Review Tribunal for Wales by the patient under section 69, 70 or 75 of the Mental Health Act 1983 (applications concerning restricted patients), or
the Secretary of State refers the patient’s case to the First-tier Tribunal or the Mental Health Review Tribunal for Wales under section 71 or 75 of that Act (applications and references concerning restricted patients).
The tribunal must inform the provider of probation services—
whether the patient is to be discharged;
if so, whether the patient is to be discharged absolutely or subject to conditions;
if the patient is to be discharged subject to conditions, what the conditions are to be;
if the patient has been discharged subject to conditions, of any variation of the conditions by the tribunal;
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.
This section applies if—
one of these applies in respect of a person—
the person is convicted of an offence listed in Part 1 of Schedule 6A and a sentence of imprisonment or detention for a term of less than 12 months is imposed on the offender in respect of the offence,
the person is convicted of an offence listed in Part 3 of Schedule 6A and a sentence of imprisonment or detention is imposed on the offender in respect of the offence, or
the person is convicted of an offence where the behaviour giving rise to the offence involved domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act) and a sentence of imprisonment or detention is imposed on the person in respect of the offence,
while the person is serving the sentence, the Secretary of State gives a transfer direction without a restriction direction in respect of the person,
the provider of probation services receives a request for information to be provided in accordance with this section, and
the person who made the request appears to the provider of probation services to be the victim of the offence or to act for the victim of the offence.
The provider of probation services must take all reasonable steps to ascertain—
whether the transfer direction given in respect of the patient continues in force, and
if so, whether a community treatment order is in force in respect of the patient.
If the transfer direction given in respect of the patient continues in force—
the provider of probation services must take all reasonable steps to notify the managers of the relevant hospital of the request and of the name and address of the person who made it, and
the provider of probation services may notify the person of the name and address of the relevant hospital.
If notified under subsection (3)(a), the managers of the relevant hospital must take all reasonable steps—
so far as the managers consider it appropriate to do so, to provide the person who made the request or the provider of probation services with—
information about the discharge, or consideration for discharge, of the patient under section 23 or 72 of the Mental Health Act 1983;
information about the making of a community treatment order in respect of the patient;
details of any conditions specified in a community treatment order made in respect of the patient which the managers consider relate to the victim or the victim’s family;
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, so far as the managers consider it appropriate to do so, to provide that person or the provider with details of any variation which the managers consider relates to the victim or the victim’s family;
if a community treatment order in respect of the patient is to cease to be in force, so far as the managers consider it appropriate to do so, to inform that person or the provider of the date on which it is to cease to be in force;
if, following the examination of the offender under section 20 of the Mental Health Act 1983, the authority for the patient’s detention is not to be renewed, so far as the managers consider it appropriate to do so, to inform that person or the provider of the date on which the authority is to expire;
so far as the managers consider it appropriate to do so, to provide that person or the provider with—
information about the grant to the patient of leave to be absent from hospital under section 17 of the Mental Health Act 1983, or the consideration of the offender for such leave;
information about the imposition of conditions in connection with the grant to the patient of such leave;
details of any such conditions which the managers consider relate to the victim or the victim’s family;
to provide that person or the provider with such other information as the managers of the relevant hospital consider appropriate in all the circumstances of the case.
If the provider of probation services is provided with information under subsection (4), it must provide the information to the person who made the request.
The responsible clinician must provide the mangers of the relevant hospital with any information which the responsible clinician has and which is requested by the managers for the purpose of carrying out their functions under subsection (4).
Subsection (8) applies if—
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,
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
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.
The tribunal must inform the managers of the relevant hospital if it directs that the patient be discharged.
In this section “the relevant hospital” means—
the hospital in which the patient is detained, or
if a community treatment order is in force in respect of the patient, the responsible hospital.
This section applies if—
the provider of probation services is required to provide information to a person in accordance with section 44J, and
the restriction direction mentioned in section 44J(1)(b) has ceased to have effect (whether before or after the request for the information was made) while the transfer direction continues in force.
The provider of probation services must take all reasonable steps to notify the managers of the relevant hospital of an address at which the person who made the request for the information may be contacted.
The provider of probation services may notify that person of the name and address of the hospital.
While the transfer direction continues in force—
the patient in respect of whom the transfer direction was made with the restriction direction is to be regarded as a patient in respect of whom a transfer direction was made without a restriction direction; and section 44K applies in relation to the offender accordingly, and
the request for information under section 44J is to be treated as a request for information to be provided in accordance with section 44K.
In this section “the relevant hospital” has the meaning given by section 44K(9).
This section applies if—
one of the conditions specified in the table is met in relation to a person (“the offender”),
the provider of probation services receives a request for information to be provided in accordance with this section from a person who appears to the provider to be the victim of the offence in respect of which the condition is met or of similar criminal conduct carried out by the offender, or to act for such a victim, and
the provider of probation services considers that the victim would be at risk of physical or psychological harm if the information is not provided in accordance with this section. Condition Specified provision the person is serving a sentence of imprisonment or detention in England and Wales in respect of an offence section 44C a hospital order is made with a restriction order in relation to the person by a court dealing with the person for an offence section 44D a hospital order is made without a restriction order in relation to the person by a court dealing with the person for an offence section 44F a hospital direction and a limitation direction are given in relation to the person by a court dealing with the person for an offence section 44H the Secretary of State gives a transfer direction with a restriction direction in respect of the person while the person is serving a sentence of imprisonment or detention in England and Wales in respect of an offence section 44J the Secretary of State gives a transfer direction without a restriction direction in respect of the person while the person is serving a sentence of imprisonment or detention in England and Wales in respect of an offence section 44K
The provider of probation services may provide the person who made the request with any information that would be required or permitted to be provided to that person (by the provider or otherwise) under Chapter 2 of this Part if the request were made under the provision specified in the relevant entry in column 2 of the table.
Where— that person must take all reasonable steps to provide the information to the provider or hospital managers.
a person would be required or permitted to provide information to the provider of probation services or to the managers of a hospital under Chapter 2 of this Part if the request mentioned in subsection (1)(b) were made under the provision specified in the relevant entry in column 2 of the table, and
the provider of probation services or hospital managers request the information from that person,
In this section—
“offence” includes an offence under the law of any place outside England and Wales;
“similar criminal conduct”, in relation to an offence, means conduct that—
the provider of probation services considers to be similar to the conduct constituting the offence, and
itself constitutes an offence;
“victim” includes a person who is a victim within the meaning of section 1 of the Victims and Prisoners Act 2024 by virtue of subsection (2)(a) of that section.
This section applies where—
one of these applies in respect of a person (“the patient”) charged with an offence—
the patient is convicted of the offence;
a verdict is returned that the patient is not guilty of the offence by reason of insanity;
a finding is made under section 4 of the Criminal Procedure (Insanity) Act 1964 that the patient is under a disability, and under section 4A of that Act that the patient did the act or made the omission charged against the patient as the offence,
a hospital order is made with a restriction order in respect of the patient by a court dealing with the patient for the offence,
the provider of probation services provides information in accordance with section 44M about the patient to a person who appears to the provider to be the victim of the offence, or to act for the victim of the offence,
either—
an application is made to the First-tier Tribunal or the Mental Health Review Tribunal for Wales by the patient under section 69, 70 or 75 of the Mental Health Act 1983 (applications concerning restricted patients), or
the Secretary of State refers the patient’s case to the tribunal under section 71 or 75 of that Act (references concerning restricted patients), and
the provider of probation services considers it appropriate to give the person who appears to the provider to be the victim of the offence the opportunity to provide a victim impact statement under this section.
The provider of probation services—
must take all reasonable steps to ascertain whether the person who appears to the provider to be the victim of the offence wishes to provide a victim impact statement to the provider, and
if the person provides such a statement, must forward it to the tribunal.
Where a victim impact statement has been forwarded to the tribunal under subsection (2), the tribunal must—
allow the person who made the statement to request permission to read the statement to the tribunal at a relevant hearing, and
grant such permission unless the tribunal considers that there are good reasons not to.
The tribunal may have regard to the statement when determining any of the following matters (but must not have regard to it for any other purpose)—
whether the patient should be subject to any conditions in the event of the patient’s discharge from hospital while a restriction order is in force in respect of the patient;
if so, what conditions;
what conditions the patient should be subject to in the event of the patient’s discharge from hospital under a community treatment order.
In this section—
“relevant sentence” means any of these—
Nothing in this Part limits any power that the provider of probation services has otherwise than under this Part.
Section 21
For section 18 substitute—
In section 19(3) after “enactment” insert “ (including any provision of Northern Ireland legislation) ”.
In section 19(4)(b) for the words from “section” to “etc)” substitute “ section 16(1) of the Criminal Appeal (Northern Ireland) Act 1980 (notice of appeal or application for leave) ”.
In section 19(5) for “section 18(2) of the Criminal Appeal Act 1968” substitute “ section 16(1) of the Criminal Appeal (Northern Ireland) Act 1980 ”.
For section 19(7) substitute—
For section 20(2) substitute—
In section 20(3)—
after “section” insert “ or section 18(1)(b) ”;
after “enactment” insert “ (including any provision of Northern Ireland legislation) ”.
Section 24
The following is the Schedule inserted before Schedule 2 to the Criminal Procedure (Insanity) Act 1964 (c. 84)—
Section 26
“relevant hearing” means any hearing held by the tribunal before making a decision which disposes of proceedings on the application or reference mentioned in subsection (1);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A police force for a police area in England or Wales.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Serious Fraud Office.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The National Crime Agency.
The National Crime Squad.
The force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix).
The Ministry of Defence Police.
section 5; section 9; sections 17 to 21; Schedule 1; section 56;
The Courts-Martial (Appeals) Act 1968 is amended as follows.
In this Schedule—
“the Sentencing Act” means the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6);
The power conferred by section 109(5)(b) of the Courts Act 2003 (c. 39) to amend or repeal any enactment, other than one contained in an Act passed in a later session, includes power to amend any such enactment as amended by this Schedule, but only for the purpose of making consequential provision in connection with the establishment of local justice areas under section 8 of that Act.
“preparatory hearing” means a preparatory hearing within the meaning of the 1987 Act or Part 3 of the 1996 Act;
The Commissioner may appoint such persons as members of his staff as he thinks fit. The Commissioner must obtain the approval of the Secretary of State to— No member of the staff of the Commissioner is to be regarded—
The Secretary of State must pay—
the remuneration of the Commissioner and the Deputy Commissioner;
such sums as he thinks fit in respect of the expenses of the Commissioner and the Deputy Commissioner.
The Commissioner must, as soon as possible after the end of each financial year, prepare a report on how he has exercised his functions during the financial year. The report for any financial year apart from the first must include— The Commissioner must send a copy of the report to— The Secretary of State must—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Criminal Cases Review Commission.
In Schedule 1 to the Children and Young Persons Act 1933 (offences against children and young persons with respect to which special provisions of the Act apply), after “Infanticide” insert— “ An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004, in respect of a child or young person. ”
Section 47 of the Crime (Sentences) Act 1997 (power to specify hospital units) is amended as follows. Omit subsections (1)(d) and (2)(c). For subsection (4) substitute—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Health and Safety Executive.
The Crown Prosecution Service.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 (c. 43).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Parole Board.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Prison Service.
In section 142(1) of that Act (power of Crown Court to order search of persons before it)—
before paragraph (a) insert—;
in paragraph (d), for “or compensation” substitute “ , compensation or surcharge ”.
The Youth Justice Board for England and Wales.
A youth offending team established under section 39 of the Crime and Disorder Act 1998 (c. 37).
A government department in the charge of a Minister of the Crown.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Maritime and Coastguard Agency.
For section 16 substitute—
The Department for Education and Skills.
In section 21 (appeal against finding of not guilty by reason of insanity), in subsection (1), after “except” insert “ section 8(2) and ”.
The Department of Health.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Department of Trade and Industry.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Department for Transport.
Section 24 (appeal against finding of unfitness to stand trial) is amended as follows. In subsection (1)— In subsection (2), after “except” insert “ section 8(2) and ”.
The Department for Work and Pensions.
For section 25 substitute—
The Foreign and Commonwealth Office.
After that section insert—
The Home Office.
Section 57 (interpretation) is amended as follows. “duly approved” means approved for the purposes of section 12 of the Mental Health Act 1983 by the Secretary of State as having special experience in the diagnosis and treatment of mental disorder (within the meaning of that Act); “hospital order” has the meaning given in section 37 of the Mental Health Act 1983; “interim hospital order” has the meaning given in section 38 of that Act; “judicial officer” has the same meaning as in the relevant Service Act; “restriction order” has the meaning given to it by section 41 of the Mental Health Act 1983; “supervision order” means an order which requires the person in respect of whom it is made to be under the supervision of another person for a period specified in the order of not more than two years. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 27
The following is the Schedule inserted after Schedule 4 to the Magistrates' Courts Act 1980 (c. 43)—
Section 29
a sentence of detention for a period of 12 months or more under section 250 or 252A of the Sentencing Code (offenders under 18 convicted of certain serious offences);
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Schedule 3 to the Sentencing Act (breach, revocation and amendment of curfew orders and exclusion orders), as substituted by paragraph 125 of Schedule 32 to the 2003 Act, is amended as follows. In paragraph 3(1) (issue of summons or warrant by justice of the peace) omit the words “ acting in the local justice area concerned”. In paragraph 3(2) (court before which offender to appear or be brought), for paragraph (b) substitute— In paragraph 4 (powers of magistrates' court to deal with breach), after sub-paragraph (4) insert—
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Section 31
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in paragraph (c), for the words from “which is not” to “section 183(3)” substitute “which for the purposes of section 183 (as read with section 263(2) or 264A(2) in the case of concurrent or consecutive sentences) is not a licence period”;
in paragraph (d), after “consecutive sentences” insert “none of which falls within paragraph (c)”.
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in paragraph (b), after “custody” insert “which are consecutive”;
at the end of that paragraph insert, or.
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Section 47
The Parliamentary Commissioner Act 1967 (c. 13) is amended as follows.
Section 5 (matters subject to investigation) is amended as follows. After subsection (1) insert— In subsection (3) for “investigation under this Act” substitute “ investigation under subsection (1) of this section ”. After subsection (4) insert—
Section 7 (procedure in respect of investigations) is amended as follows. In subsection (1) after “complaint under” insert “ section 5(1) of ”. After subsection (1) insert— In subsection (2) for “such investigation” substitute “ investigation under this Act ”. In subsection (4)—
Section 8 (evidence) is amended as follows. In subsection (1) after “investigation under” insert “ section 5(1) of ”. After subsection (1) insert— In subsection (2) for “such investigation” substitute “ investigation under this Act ”.
Section 10 (reports by Commissioner) is amended as follows. In subsection (2), after “investigation under” insert “ section 5(1) of ”. After subsection (2) insert— In subsection (3) after “investigation under” insert “ section 5(1) of ”. After subsection (3) insert— In subsection (5)(d) after “subsection (2)” insert “ or (2A) ”.
“person aggrieved”—
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“criminal conduct” means conduct constituting an offence;
This paragraph applies in relation to a person appointed as the Commissioner or the Deputy Commissioner. The period for which the person is appointed must not exceed 5 years. Subject to sub-paragraph (4), the person is eligible for re-appointment. The person must not hold office for more than 10 years in total. The person may at any time resign from office by giving notice in writing to the Secretary of State. The Secretary of State may at any time remove the person from office if he is satisfied that the person— The Secretary of State must consult the Attorney General and the Lord Chancellor before removing the person from office. Subject to sub-paragraphs (2) to (7), the person holds office on the terms specified by the Secretary of State after consulting the Attorney General and the Lord Chancellor.
Schedule 1 to the Superannuation Act 1972 (c. 11) (kinds of employment and offices to which a scheme under section 1 of that Act may apply) is amended as set out in sub-paragraphs (2) and (3). Employment as a member of the staff of the Commissioner for Victims and Witnesses. Commissioner for Victims and Witnesses. Deputy Commissioner for Victims and Witnesses. The Secretary of State must pay to the Minister for the Civil Service, at such times as the Minister for the Civil Service may direct, such sums as the Minister for the Civil Service may determine in respect of the increase attributable to sub-paragraphs (1) to (3) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
The Commissioner must, before the beginning of each financial year apart from the first, prepare a plan setting out how he intends to exercise his functions during the financial year (an annual plan). In preparing the plan, the Commissioner must consider whether to deal in the plan with any issues specified by the Secretary of State. The Commissioner must send a copy of the plan to the Secretary of State for his approval. The Secretary of State must consult the Attorney General and the Lord Chancellor in deciding whether to approve the plan. If the Secretary of State does not approve the plan— Sub-paragraphs (2) to (5) apply to a revised plan as they apply to the plan as first prepared.
In this Schedule “financial year” means—
the period beginning on the day on which section 48 comes into force and ending on the next 31 March (which is the first financial year), and
each subsequent period of 12 months beginning on 1 April.
In section 10 of the Colonial Prisoners Removal Act 1884 (application of Act to removal of criminal lunatics), in subsection (3), in paragraph (a) for the words from “give” to the end substitute “ by warrant direct that he is to be detained in such hospital, within the meaning given by section 145(1) of the Mental Health Act 1983, as may be specified in the direction; and any such direction shall have the same effect as a hospital order under section 37 of that Act together with a restriction order under section 41 of that Act, made without limitation of time; ”.
In section 15 of the Criminal Appeal Act 1968 (right of appeal against finding of disability), in subsection (1), for the words “the jury has returned” substitute “ there have been ”.
In section 24 of the Criminal Justice Act 1991 (recovery of fines etc by deductions from income support), after subsection (3) insert—
Section 36 of the Family Law Act 1996 (one cohabitant or former cohabitant with no existing right to occupy) is amended as follows. 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 ”. In subsection (6)(f), for “lived together as husband and wife” substitute “ cohabited ”.
Section 133 of the Sexual Offences Act 2003 (general interpretation of Part 2) is amended as follows. In subsection (1)— After that subsection insert—
In section 37 of that Act (detention of defendant on appeal by the Crown to House of Lords), in subsection (4), for paragraph (b) substitute—.
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 ”.
In section 135 of that Act (interpretation: mentally disordered offenders), omit subsection (4)(c).
In section 51 of that Act (interpretation), in subsection (2A), for “6, 14 or 14A” substitute “ 6 or 14 ”.
Section 42 of that Act (non-molestation orders) is amended as follows. After subsection (4) insert— In subsection (5)(a) omit the words from “or” to “made”.
Schedule 5 to that Act (other offences for the purposes of sexual offences prevention orders) is amended as follows. After paragraph 63 insert— After paragraph 171 insert— In paragraph 172, for “63” substitute “ 63A ”.
Section 46 of that Act (undertakings) is amended as follows. In subsection (3), after “under subsection (1)” insert “ instead of making an occupation order ”. After that subsection insert— 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 ”.
Section 47 of that Act (arrest for breach of occupation order or non-molestation order) is amended as follows. Omit subsection (1). In subsections (2) and (4), for “a relevant order” substitute “ an occupation order ”. In subsections (3) and (5), for “the relevant order” substitute “ the occupation order ”. In subsection (8), for the words up to the end of paragraph (b) substitute—If the court— .
In section 49 of that Act (variation and discharge of orders), in subsection (4) omit “or non-molestation order”.
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 ”.
In section 63 of that Act (interpretation of Part 4), subsection (1) is amended as follows. cohabit , In the definition of “relative”—
Schedule 7 to that Act (transfer of certain tenancies on divorce etc or on separation of cohabitants) is amended as follows. In paragraph 3(2), for “to live together as husband and wife” substitute “ to cohabit ”. In paragraph 4(b), for “lived together as husband and wife” substitute “ cohabited ”.
Section 53
A local policing body.
His Majesty’s Inspectors of Constabulary.
The Office for Nuclear Regulation.
A provider of probation services.
His Majesty's Chief Inspector of the Crown Prosecution Service.
His Majesty’s Chief Inspector of Prisons.
His Majesty’s Inspectorate of Probation for England and Wales.
Section 58(1)
“vulnerable adult” means a person aged 16 or over whose ability to protect himself from violence, abuse or neglect is significantly impaired through physical or mental disability or illness, through old age or otherwise.
In Schedule 1 to the Children and Young Persons Act (Northern Ireland) 1968 (offences against children and young persons with respect to which special provisions of the Act apply), after “Infanticide” insert— “ An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004, in respect of a child or young person. ”
In section 108 of the Magistrates' Courts Act 1980 (right of appeal to Crown Court), after subsection (3) insert—
In section 139 of that Act (disposal of sums adjudged to be paid by conviction)—
after paragraph (a) insert—;
in paragraph (b), for “second” substitute “ third ”.
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—
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 ”.
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 ”.
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 ”.
In section 50 of that Act (application of Part 7 to Northern Ireland), in subsection (13), for paragraphs (a) to (c) substitute—
In section 74 of that Act (interpretation of Part 9), after subsection (6) insert—
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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—
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—
Section 58(2) Short title and chapter Extent of repeal Criminal Procedure (Insanity) Act 1964 (c. 84) Section 7. In section 8— the proviso to subsection (3); in subsection (4), the words from “, except” to “courts-martial,”. Schedule 2. Criminal Appeal Act 1968 (c. 19) Section 14A. Courts-Martial (Appeals) Act 1968 (c. 20) In Schedule 3, paragraph 3(b). Juries Act 1974 (c. 23) In section 11, paragraph (b) of subsection (5) and “(b)” in subsection (6). In Schedule 1, paragraph 4(2). Senior Courts Act 1981(c. 54) In section 55(4)(a)(iii), the words “of a jury”. Mental Health Act 1983 (c. 20) In section 69(2)(a), the words “or section 5(1) of the Criminal Procedure (Insanity) Act 1964”. Section 71(5) and (6). Section 79(1)(b). Prosecution of Offences Act 1985 (c. 23) In section 16(4), the word “or” preceding paragraph (c). Coroners Act 1988 (c. 13) In section 16(1)(a), the word “or” preceding sub-paragraph (iii). In section 17, in subsections (1) and (2) the word “or” preceding paragraph (c). Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25) Sections 3 and 5. In section 6 the definition of “local probation board” in subsection (1); subsection (2). Schedules 1 and 2. Law Reform (Year and a Day Rule) Act 1996 (c. 19) In section 2(3), the word “or” preceding paragraph (b). Family Law Act 1996 (c. 27) Section 41. In section 42(5)(a), the words from “or” to “made”. Section 47(1). In section 49(4), the words “or non-molestation order”. Armed Forces Act 1996 (c. 46) Section 8. Schedule 2. Protection from Harassment Act 1997 (c. 40) In section 5, the words “under section 2 or 4” in subsection (1) and the word “further” in subsection (2). Crime (Sentences) Act 1997 (c. 43) In section 47 in subsection (1), paragraph (d) and the word “or” preceding it; in subsection (2), paragraph (c) and the word “and” preceding it. Protection from Harassment (Northern Ireland) Order 1997 (S.I.1997/1180(N.I.9)) In Article 7, the words “under Article 4 or 6” in paragraph (1) and the word “further” in paragraph (2). Crime and Disorder Act 1998 (c. 37) Section 32(7). Access to Justice Act 1999 (c. 22) In Schedule 13, paragraph 163. Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) In Schedule 9, paragraph 133. Care Standards Act 2000 (c. 14) In Schedule 4, paragraph 16. Criminal Justice and Court Services Act 2000 (c. 43) Section 69. In Schedule 7, paragraphs 99 to 102. Sexual Offences Act 2003 (c. 42) Section 135(4)(c). . . . . . .
Section 59
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. 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.
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.
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— 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.
Section 10 applies only in relation to offences committed on or after the commencement of that section.
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. Section 12(2) applies only in relation to applications made on or after the commencement of that provision. 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.
Section 13(1) and paragraph 47(3) of Schedule 10 do not apply where the conviction occurs before the commencement of those provisions. Section 13(2) applies only in relation to applications made on or after the commencement of that provision. 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.
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The provisions mentioned in sub-paragraph (2) do not apply— The provisions are—
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)—
as if a reference to a local justice area were to a petty sessions area;
as if a reference to a designated officer were to a justices' chief executive.
Each entry in Schedule 11 applies in the same way as the provision of this Act to which it corresponds.