Domestic Violence, Crime and Victims Act 2004

42 Victims' rights: preliminary E+W

(1) This section applies if—

(a) a person (“the offender”) is convicted of a sexual [F1 , violent or terrorism] 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 [F2 in respect of the offender (whether or not he also gives a restriction direction in respect of the offender)].

(2) The local probation board for the area in which the hospital specified in the transfer direction is situated [F3 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 [F4 or 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).

[F5 (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 [F6 at a time when a restriction direction is in force in respect of him];

(b) if so, what conditions [F7 ;

(c) what conditions he should be subject to in the event of his discharge from hospital under a community treatment order].

(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

F1 Words in s. 42(1)(a) substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 10(d) (with s. 25(3)(4))

F2 Words in s. 42(1)(c) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 48, 56(1), Sch. 6 para. 10(2) (with s. 50(8)-(13)); S.I. 2008/1900, arts. 1(1), 2(o) (with art. 3, Sch.)

F3 Words 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)

F4 Words 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)

F5 S. 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)

F6 Words in s. 42(3)(a) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 48, 56(1), Sch. 6 para. 10(3)(a) (with s. 50(8)-(13)); S.I. 2008/1900, arts. 1(1), 2(o) (with art. 3, Sch.)

F7 S. 42(3)(c) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 48, 56(1), Sch. 6 para. 10(3)(b) (with s. 50(8)-(13)); S.I. 2008/1900, arts. 1(1), 2(o) (with art. 3, Sch.)