Domestic Violence, Crime and Victims Act 2004

42Victims' rights: preliminaryE+W
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(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.

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