SCHEDULES

SCHEDULE 6Victims' rights

Hospital directions and limitation directions

9

After section 41 insert—

41ARemoval of restriction

1

This section applies if, in a case where section 39 applies—

a

the limitation direction in respect of the offender ceases to be in force, and

b

he is treated for the purposes of the Mental Health Act 1983 as a patient in respect of whom a hospital order has effect.

2

Subsection (3) applies if a person who appears to the F1relevant probation bodyF1 to be the victim of the offence or to act for the victim of the offence—

a

when his wishes were ascertained under section 39(2), expressed a wish to make representations about a matter specified in section 39(3) or to receive the information specified in section 39(4), or

b

has subsequently informed the F1relevant probation bodyF1 that he wishes to make representations about such a matter or to receive that information.

3

The F2relevant probation bodyF2 must take all reasonable steps—

a

to notify the managers of the relevant hospital of an address at which that person may be contacted;

b

to notify that person of the address of the hospital.

4

The offender is to be regarded as a patient in respect of whom a hospital order was made without a restriction order; and sections 37A and 38A are to apply in relation to him accordingly.

5

The relevant hospital has the meaning given in section 36A(6).

6

The F3relevant probation bodyF3 has the meaning given in section 40(8).