Domestic Violence, Crime and Victims Act 2004

Domestic Violence, Crime and Victims Act 2004

2004 CHAPTER 28

Commentary on Sections

Part 3: Victims Etc

Transfer directions

Section 44: Information

130. Section 44 also follows on fromsection 42 and requires the board to inform the victim who has requested to receive information specified in that section whether the offender is to be subject to conditions in the event that he is discharged under the powers in the Mental Health Act 1983, and if so, to provide details of any conditions relating to contact with the victim and his family. It also requires the board to notify the victim of the date on which restrictions will cease, and to give any other information the board considers appropriate.

131. So that the board is in a position to comply with these obligations, the Home Secretary is required to inform it if he is considering discharging the offender under powers in the Mental Health Act 1983.  He must also give information to the board regarding any conditions of discharge, any recall to hospital and the date on which restrictions will cease to have effect if he is lifting them.

132. Similarly, if an application or reference is made to a Mental Health Review Tribunal, the tribunal must inform the board if it is going to discharge the offender under the 1983 Act powers. It must also give information to the board regarding any conditions of discharge and when restrictions will cease if the tribunal grants an absolute discharge.