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Domestic Violence, Crime and Victims Act 2004

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Domestic Violence, Crime and Victims Act 2004, Section 43 is up to date with all changes known to be in force on or before 15 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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43[F1Representations where restriction direction made]E+W
This section has no associated Explanatory Notes

(1)This section applies [F2if, in a case where section 42 applies, the transfer direction in respect of the patient was given with a restriction direction].

(2)If—

(a)a person makes representations about a matter specified in section 42(3) to the local probation board [F3or provider of probation services] mentioned in section 42(2) or the [F4relevant probation body], and

(b)it appears to the [F4relevant probation body] that the person is the victim of the offence or acts for the victim of the offence,

the [F4relevant probation body] must forward the representations to the persons responsible for determining the matter.

(3)The duty in subsection (2) applies only while the restriction direction given in respect of the offender is in force.

(4)The Secretary of State must inform the [F5relevant probation body] if he is considering—

(a)whether to give a direction in respect of the offender under section 42(1) of the Mental Health Act 1983 (c. 20) (directions lifting restrictions),

(b)whether to discharge the offender under section 42(2) of that Act, either absolutely or subject to conditions, or

(c)if the offender has been discharged subject to conditions, whether to vary the conditions.

(5)[F6The First-tier Tribunal or the Mental Health Review Tribunal for Wales] must inform the [F7relevant probation body] if—

(a)an application is made to the tribunal by the offender under section 69, 70 or 75 of the Mental Health Act 1983 (applications concerning restricted patients), or

(b)the Secretary of State refers the offender’s case to the tribunal under section 71 of that Act (references concerning restricted patients).

(6)Subsection (7) applies if—

(a)the [F8relevant probation body] receives information under subsection (4) or (5), and

(b)a person who appears to the [F8relevant probation body] to be the victim of the offence or to act for the victim of the offence—

(i)when his wishes were ascertained under section 42(2), expressed a wish to make representations about a matter specified in section 42(3), or

(ii)has made representations about such a matter to the [F8relevant probation body] or the local probation board [F9or provider of probation services] mentioned in section 42(2).

(7)The [F10relevant probation body] must provide the information to the person.

[F11(8)In this section, “the relevant probation body” is—

(a)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;

(b)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;

(c)in any other case—

(i)if the hospital in which the offender is detained is situated in the area of a local probation board, that area; and

(ii)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.]

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