Domestic Violence, Crime and Victims Act 2004

43RepresentationsE+W
This section has no associated Explanatory Notes

(1)This section applies if section 42 applies.

(2)If—

(a)a person makes representations about a matter specified in section 42(3) to the local probation board [F1or provider of probation services] mentioned in section 42(2) or the [F2relevant probation body], and

(b)it appears to the [F2relevant probation body] that the person is the victim of the offence or acts for the victim of the offence,

the [F2relevant 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 [F3relevant 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)A Mental Health Review Tribunal must inform the [F4relevant 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 [F5relevant probation body] receives information under subsection (4) or (5), and

(b)a person who appears to the [F5relevant 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 [F5relevant probation body] or the local probation board [F6or provider of probation services] mentioned in section 42(2).

(7)The [F7relevant probation body] must provide the information to the person.

[F8(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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