(1)This section applies if—
(a)a person (“the offender”) is convicted of a sexual or violent offence,
(b)a relevant sentence is imposed on him in respect of the offence, and
(c)while the offender is serving the sentence, the Secretary of State gives a transfer direction and a restriction direction in respect of him.
(2)The local probation board for the area in which the hospital specified in the transfer direction is situated [F1or 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 [F2or the provider] to be the victim of the offence or to act for the victim of the offence wishes—
(a)to make representations about the matters specified in subsection (3);
(b)to receive the information specified in subsection (4).
[F3(2A)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.]
(3)The matters are—
(a)whether the offender should be subject to any conditions in the event of his discharge from hospital;
(b)if so, what conditions.
(4)The information is information about any conditions to which the offender is to be subject in the event of his discharge from hospital.
Textual Amendments
F1Words in s. 42(2) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(10)(a)(i)
F2Words in s. 42(2) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(10)(a)(ii)
F3S. 42(2A) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(10)(b)