Part 3Victims etc
Chapter 2Representations and information
Hospital orders
37AF2Representations where restriction order not made
1
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.
2
Subsection (3) applies if—
a
a person makes representations about a matter specified in section 36(5) to the managers of the relevant hospital, and
b
it appears to the managers that the person is the victim of the offence or acts for the victim of the offence.
3
The managers must forward the representations to the persons responsible for determining the matter.
4
The responsible clinician must inform the managers of the relevant hospital if he is considering making—
a
an order for discharge in respect of the patient under section 23(2) of the Mental Health Act 1983,
b
a community treatment order in respect of the patient, or
c
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.
F35
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6
F1The First-tier Tribunal or the Mental Health Review Tribunal for Wales must inform the managers of the relevant hospital if—
a
an application is made to the tribunal under section 66 or 69 of the Mental Health Act 1983, or
b
the patient's case is referred to the tribunal under section 67 of that Act.
7
Subsection (8) applies if—
a
the managers of the relevant hospital receive information under subsection (4)F4... or (6), and
b
a person who appears to the managers to be the victim of the offence or to act for the victim of the offence—
i
when his wishes were ascertained under section 36(4), expressed a wish to make representations about a matter specified in section 36(5), or
ii
has made representations about such a matter to the managers of the hospital in which the patient was, at the time in question, detained.
8
The managers of the relevant hospital must provide the information to the person.
9
The relevant hospital has the meaning given in section 36A(6).