Office of Public Sector Information
PART 3 continued CHAPTER 2 continued
(5) Subsections (6) and (7) apply (instead of subsection (4)) if—
(a) an application is made to a Mental Health Review 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 a Mental Health Review Tribunal under section 71 of that Act (references concerning restricted patients).
(6) The tribunal must inform the relevant local probation board—
(a) of the matters specified in subsection (4)(a) to (c);
(b) if the offender has been discharged subject to conditions, of any variation of the conditions by the tribunal;
(c) if the restriction direction is to cease to have effect by virtue of action to be taken by the tribunal, of the date on which the restriction direction is to cease to have effect.
(7) The Secretary of State must inform the relevant local probation board of the matters specified in subsection (4)(d) and (e).
(8) The duties in subsections (3) to (7) apply only while the restriction direction is in force.
(9) The relevant local probation board has the meaning given in section 43(8).
(1) In sections 35 to 44—
“court” does not include a court-martial or the Courts-Martial Appeal Court;
“hospital direction” has the meaning given in section 45A(3)(a) of the Mental Health Act 1983 (c. 20);
“hospital order” has the meaning given in section 37(4) of that Act;
“licence condition” means a condition in a licence;
“limitation direction” has the meaning given in section 45A(3)(b) of the Mental Health Act 1983;
“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 (c. 43);
“relevant sentence” means any of these—
a sentence of imprisonment for a term of 12 months or more;
a sentence of detention during Her Majesty’s pleasure;
a sentence of detention for a period of 12 months or more under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (offenders under 18 convicted of certain serious offences);
a detention and training order for a term of 12 months or more;
“restriction direction” has the meaning given in section 49(2) of the Mental Health Act 1983;
“restriction order” has the meaning given in section 41(1) of that Act;
“supervision requirements” means requirements specified in a notice under section 103(6) of the Powers of Criminal Courts (Sentencing) Act 2000;
“transfer direction” has the meaning given in section 47(1) of the Mental Health Act 1983.
(2) For the purposes of sections 35 to 44, an offence is a sexual or violent offence if it is any of these—
(a) murder or an offence specified in Schedule 15 to the Criminal Justice Act 2003 (c. 44);
(b) an offence in respect of which the patient or offender is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c. 42));
(c) an offence against a child within the meaning of Part 2 of the Criminal Justice and Court Services Act 2000.
(1) The Justice (Northern Ireland) Act 2002 (c. 26) is amended as follows.
(2) After section 69 (views on temporary release) insert—
(1) The Secretary of State must make a scheme requiring the Secretary of State to make available to persons falling within subsection (2) information about—
(a) the discharge from hospital of, or
(b) the grant of leave of absence from hospital to,
persons in respect of whom relevant determinations have been made.
(2) The persons referred to in subsection (1) are victims of the offences in respect of which the determinations were made who wish to receive the information.
(3) A relevant determination is made in respect of a person if—
(a) a hospital order with a restriction order is made in respect of him by a court dealing with him for an offence, or
(b) a transfer direction and a restriction direction are given in respect of him while he is serving a sentence of imprisonment in respect of an offence.
(4) The Secretary of State may from time to time make a new scheme or alterations to a scheme.
(5) The information to be made available under a scheme must include information as to any relevant conditions to which a person in respect of whom a relevant determination has been made is to be subject in the event of—
(a) his discharge from hospital, or
(b) the grant of leave of absence from hospital to him.
(6) A condition is relevant for the purposes of subsection (5) if it appears to the Secretary of State that it might affect a victim of an offence in respect of which the determination was made.
(7) A scheme may require the Secretary of State to take all reasonable steps to ascertain whether a person who appears to him to be the victim of an offence in respect of which a relevant determination has been made wishes to make representations about the matters specified in subsection (8).
(8) The matters are—
(a) whether the person in respect of whom the determination has been made should be subject to any conditions in the event of his discharge from hospital or the grant of leave of absence from hospital to him;
(b) if so, what conditions.
(9) A scheme that includes provision such as is mentioned in subsection (7) must specify how the representations are to be made.
(10) A scheme may require other information in relation to the discharge of, or the grant of leave of absence to, persons in respect of whom relevant determinations are made to be made available under the scheme.
(11) The other information may include, in cases of a description specified by the scheme or in which the Secretary of State considers it appropriate, the date on which it is anticipated that a person in respect of whom a relevant determination has been made will be discharged or granted leave of absence from hospital.
(12) Subsections (5) to (8) of section 68 apply in relation to a scheme made under this section as they apply in relation to a scheme made under that section.
(13) A scheme may make different provision in relation to different descriptions of persons in respect of whom a relevant determination is made.
(1) If a person who is the victim of an offence in respect of which a relevant determination has been made makes to the Secretary of State representations falling within subsection (2) the Secretary of State has the obligations specified in subsection (3).
(2) Representations fall within this subsection if they are to the effect that the grant of leave of absence to the person in respect of whom the determination has been made would threaten the safety, or otherwise adversely affect the well-being, of—
(a) the actual victim of the offence in respect of which the determination was made, or
(b) a person who is regarded for the purposes of a scheme under section 69A as a victim of that offence by virtue of section 68(5) (as applied by section 69A(12)).
(3) The Secretary of State must—
(a) have regard to the representations in deciding whether he should give his consent to leave of absence being granted, and
(b) inform the victim of any such decision.
(4) Section 69A(3) (relevant determination) applies for the purposes of this section.”
(3) In section 70 (supplementary), after subsection (3) insert—
“(4) In sections 68 and 69 references to a person serving a sentence of imprisonment in Northern Ireland include a person detained in hospital pursuant to a transfer direction and a restriction direction.
(5) In subsection (4) and section 69A(3)—
“restriction direction” has the meaning given in Article 55(2) of the Mental Health (Northern Ireland) Order 1986;
“transfer direction” has the meaning given in Article 53(2) of that Order.
(6) In section 69A(3)—
“hospital order” has the meaning given in Article 44(1) of the Mental Health (Northern Ireland) Order 1986;
“restriction order” has the meaning given in Article 47(1) of that Order;
“sentence of imprisonment” has the meaning given in Article 53(5) of that Order.
(7) In sections 69A and 69B “leave of absence” means leave of absence under Article 15 of the Mental Health (Northern Ireland) Order 1986.”
(4) In section 90(5) (statutory rules), in paragraph (b) after “section 68” insert “or 69A”.
Schedule 7 (which amends the Parliamentary Commissioner Act 1967 (c. 13)) has effect.
(1) The Secretary of State must appoint a Commissioner for Victims and Witnesses (referred to in this Part as the Commissioner).
(2) Before appointing the Commissioner the Secretary of State must consult the Attorney General and the Lord Chancellor as to the person to be appointed.
(3) The Commissioner is a corporation sole.
(4) The Commissioner is not to be regarded—
(a) as the servant or agent of the Crown, or
(b) as enjoying any status, immunity or privilege of the Crown.
(5) The Commissioner’s property is not to be regarded as property of, or held on behalf of, the Crown.
(6) Schedule 8 (which make further provision in connection with the Commissioner) has effect.
(1) The Commissioner must—
(a) promote the interests of victims and witnesses;
(b) take such steps as he considers appropriate with a view to encouraging good practice in the treatment of victims and witnesses;
(c) keep under review the operation of the code of practice issued under section 32.
(2) The Commissioner may, for any purpose connected with the performance of his duties under subsection (1)—
(a) make proposals to the Secretary of State for amending the code (at the request of the Secretary of State or on his own initiative);
(b) make a report to the Secretary of State;
(c) make recommendations to an authority within his remit;
(d) undertake or arrange for or support (financially or otherwise) the carrying out of research;
(e) consult any person he thinks appropriate.
(3) If the Commissioner makes a report to the Secretary of State under subsection (2)(b)—
(a) the Commissioner must send a copy of the report to the Attorney General and the Lord Chancellor;
(b) the Secretary of State must lay a copy of the report before Parliament and arrange for the report to be published.
(1) If he is required to do so by a Minister of the Crown, the Commissioner must give advice to the Minister of the Crown in connection with any matter which—
(a) is specified by the Minister, and
(b) relates to victims or witnesses.
(2) If he is required to do so by or on behalf of an authority within his remit, the Commissioner must give advice to the authority in connection with the information provided or to be provided by or on behalf of the authority to victims or witnesses.
(3) In this section “Minister of the Crown” includes the Treasury.
The Commissioner must not exercise any of his functions in relation to—
(a) a particular victim or witness;
(b) the bringing or conduct of particular proceedings;
(c) anything done or omitted to be done by a person acting in a judicial capacity or on the instructions of or on behalf of such a person.
(1) This section applies for the purposes of sections 48 to 51.
(2) “Victim” means—
(a) a victim of an offence, or
(b) a victim of anti-social behaviour.
(3) It is immaterial for the purposes of subsection (2)(a) that—
(a) no complaint has been made about the offence;
(b) no person has been charged with or convicted of the offence.
(4) “Witness” means a person (other than a defendant)—
(a) who has witnessed conduct in relation to which he may be or has been called to give evidence in relevant proceedings;
(b) who is able to provide or has provided anything which might be used or has been used as evidence in relevant proceedings; or
(c) who is able to provide or has provided anything mentioned in subsection (5) (whether or not admissible in evidence in relevant proceedings).
(5) The things referred to in subsection (4)(c) are—
(a) anything which might tend to confirm, has tended to confirm or might have tended to confirm evidence which may be, has been or could have been admitted in relevant proceedings;
(b) anything which might be, has been or might have been referred to in evidence given in relevant proceedings by another person;
(c) anything which might be, has been or might have been used as the basis for any cross examination in the course of relevant proceedings.
(6) For the purposes of subsection (4)—
(a) a person is a defendant in relation to any criminal proceedings if he might be, has been or might have been charged with or convicted of an offence in the proceedings;
(b) a person is a defendant in relation to any other relevant proceedings if he might be, has been or might have been the subject of an order made in those proceedings.
(7) In subsections (4) to (6) “relevant proceedings” means—
(a) criminal proceedings;
(b) proceedings of any other kind in respect of anti-social behaviour.
(8) For the purposes of this section—
(a) “anti-social behaviour” means behaviour by a person which causes or is likely to cause harassment, alarm or distress to one or more persons not of the same household as the person;
(b) a person is a victim of anti-social behaviour if the behaviour has caused him harassment, alarm or distress and he is not of the same household as the person who engages in the behaviour.
(1) For the purposes of this Part the authorities within the Commissioner’s remit are those specified in Schedule 9.
(2) An authority specified in Schedule 9 that has functions in relation to an area outside England and Wales is within the Commissioner’s remit only to the extent that it discharges its functions in relation to England and Wales.
(3) Subsection (2) does not apply in relation to the Foreign and Commonwealth Office.
(4) The Secretary of State may by order amend Schedule 9 by—
(a) adding an authority appearing to him to exercise functions of a public nature;
(b) omitting an authority;
(c) changing the description of an authority.
(5) In preparing a draft of an order under subsection (4) the Secretary of State must consult the Attorney General and the Lord Chancellor.
(1) A person may disclose information to a relevant authority for a purpose specified in subsection (2).
(2) The purposes are purposes connected with any of these—
(a) compliance with the code issued under section 32;
(b) compliance with sections 35 to 44;
(c) the carrying out of the functions of the Commissioner.
(3) These are relevant authorities—
(a) a person required to do anything under the code issued under section 32;
(b) a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 (c. 43);
(c) the Commissioner;
(d) an authority within the Commissioner’s remit.
(4) The Secretary of State may by order—
(a) amend subsection (2) by adding any purpose appearing to him to be connected with the assistance of victims of offences or anti-social behaviour, witnesses of offences or anti-social behaviour or other persons affected by offences or anti-social behaviour;
(b) amend subsection (3) by adding any authority appearing to him to exercise functions of a public nature.
(5) The reference in subsection (4)(a) to persons affected by offences does not include persons accused or convicted of offences.
(6) The Secretary of State may exercise the power in subsection (4) only after consulting the Attorney General and the Lord Chancellor.
(7) Nothing in this section authorises the making of a disclosure which contravenes the Data Protection Act 1998 (c. 29).
(8) This section does not affect a power to disclose which exists apart from this section.
(1) The Secretary of State must appoint persons to form a panel, to be known as the Victims' Advisory Panel.
(2) The Secretary of State must consult the Attorney General and the Lord Chancellor before—
(a) appointing a person to the Panel, or
(b) removing a person from the Panel.
(3) The Secretary of State must consult the Panel at such times and in such manner as he thinks appropriate on matters appearing to him to relate to victims of offences or anti-social behaviour or witnesses of offences or anti-social behaviour.
(4) The Secretary of State may reimburse the members of the Panel for such of their travelling and other expenses as he thinks appropriate.
(5) If the Secretary of State consults the Panel under subsection (3) in a particular year, he must arrange for the Panel to prepare a report for the year—
(a) summarising what the Panel has done in response to the consultation, and
(b) dealing with such other matters as the Panel consider appropriate.
(6) If a report is prepared under subsection (5), the Secretary of State must—
(a) arrange for it to be published, and
(b) lay it before Parliament.
(7) The non-statutory Victims' Advisory Panel is to be treated as having been established in accordance with this section.
(8) If the Secretary of State consults the non-statutory Victims' Advisory Panel on a matter mentioned in subsection (3) before the date on which this section comes into force, the consultation is to be treated as taking place under subsection (3).
(9) The non-statutory Victims' Advisory Panel is the unincorporated body of persons known as the Victims' Advisory Panel established by the Secretary of State before the date on which this section comes into force.
(10) In this section “year” means a period of 12 months beginning on 1 April.
(1) The Secretary of State may pay such grants to such persons as he considers appropriate in connection with measures which appear to him to be intended to assist victims, witnesses or other persons affected by offences.
(2) The Secretary of State may make a grant under this section subject to such conditions as he considers appropriate.
(1) The Criminal Injuries Compensation Act 1995 (c. 53) is amended as follows.
(2) After section 7 insert—
(1) The Secretary of State may, by regulations made by statutory instrument, make provision for the recovery from an appropriate person of an amount equal to all or part of the compensation paid in respect of a criminal injury.
(2) An appropriate person is a person who has been convicted of an offence in respect of the criminal injury.
(3) The amount recoverable from a person under the regulations must be determined by reference only to the extent to which the criminal injury is directly attributable to an offence of which he has been convicted.
(4) The regulations may confer functions in respect of recovery on—
(a) claims officers;
(b) if a Scheme manager has been appointed, persons appointed by the Scheme manager under section 3(4)(a).
(5) The regulations may not authorise the recovery of an amount in respect of compensation from a person to the extent that the compensation has been repaid in accordance with the Scheme.
(1) If, under regulations made under section 7A(1), an amount has been determined as recoverable from a person, he must be given a notice (a “recovery notice”) in accordance with the regulations which—
(a) requires him to pay that amount, and
(b) contains the information mentioned in subsection (2).
(2) The information is—
(a) the reasons for the determination that an amount is recoverable from the person;
(b) the basis on which the amount has been determined;
(c) the way in which and the date before which the amount is required to be paid;
(d) the means by which the amount may be recovered if it is not paid in accordance with the notice;
(e) the grounds on which and the procedure by means of which he may seek a review if he objects to—
(i) the determination that an amount is recoverable from him;
(ii) the amount determined as recoverable from him.
(3) The Secretary of State may by order made by statutory instrument amend subsection (2) by—
(a) adding information;
(b) omitting information;
(c) changing the description of information.
(1) Regulations under section 7A(1) shall include provision for the review, in such circumstances as may be prescribed by the regulations, of—
(a) a determination that an amount is recoverable from a person;
(b) the amount determined as recoverable from a person.
(2) A person from whom an amount has been determined as recoverable under the regulations may seek such a review only on the grounds—
(a) that he has not been convicted of an offence to which the injury is directly attributable;
(b) that the compensation paid was not determined in accordance with the Scheme;
(c) that the amount determined as recoverable from him was not determined in accordance with the regulations.
(3) Any such review must be conducted by a person other than the person who made the determination under review.
(4) The person conducting any such review may—
(a) set aside the determination that the amount is recoverable;
(b) reduce the amount determined as recoverable;
(c) increase the amount determined as recoverable;
(d) determine to take no action under paragraphs (a) to (c).
(5) But the person conducting any such review may increase the amount determined as recoverable if (but only if) it appears to that person that the interests of justice require the amount to be increased.
(1) An amount determined as recoverable from a person under regulations under section 7A(1) is recoverable from him as a debt due to the Crown if (but only if)—
(a) he has been given a recovery notice in accordance with the regulations which complies with the requirements of section 7B, and
(b) he has failed to pay the amount in accordance with the notice.
(2) In any proceedings for the recovery of the amount from a person, it is a defence for the person to show—
(a) that he has not been convicted of an offence to which the injury is directly attributable;
(b) that the compensation paid was not determined in accordance with the Scheme; or
(c) that the amount determined as recoverable from him was not determined in accordance with regulations under section 7A.
(3) In any such proceedings, except for the purposes of subsection (2)(b), no question may be raised or finding made as to the amount that was, or ought to have been, the subject of an award.
(4) For the purposes of section 9 of the Limitation Act 1980 (time limit for actions for sums recoverable by statute to run from date on which cause of action accrued) the cause of action to recover that amount shall be taken to have accrued—
(a) on the date on which the compensation was paid; or
(b) if later, on the date on which a person from whom an amount is sought to be recovered was convicted of an offence to which the injury is directly attributable.
(5) If that person is convicted of more than one such offence and the convictions are made on different dates, the reference in subsection (4)(b) to the date on which he was convicted of such an offence shall be taken to be a reference to the earlier or earliest (as the case may be) of the dates on which he was convicted of such an offence.”.
(3) In section 9(7) (financial provisions: sums payable into Consolidated Fund), after “section 3(1)(c)” insert “, or by virtue of regulations made under section 7A(1),”.
(4) In section 11, after subsection (8) insert—
“(8A) No regulations under section 7A(1) or order under section 7B(3) shall be made unless a draft of the regulations or order has been laid before Parliament and approved by a resolution of each House.”
Domestic Violence, Crime and Victims Act 2004