Domestic Violence, Crime and Victims Act 2004

Imprisonment or detention E+W

35 Victims' rights to make representations and receive information E+W

(1) This section applies if—

(a) a court convicts a person (“the offender”) of a sexual [F1 , violent or terrorism] offence, and

(b) a relevant sentence is imposed on him in respect of the offence.

(2) But section 39 applies (instead of this section) if a hospital direction and a limitation direction are given in relation to the offender.

(3) The local probation board for the area in which the sentence is imposed [F2 , or the provider of probation services operating in the local justice area in which the sentence is imposed, ] must take all reasonable steps to ascertain whether a person who appears to the board to be the victim of the offence or to act for the victim of the offence wishes—

(a) to make representations about the matters specified in subsection (4);

(b) to receive the information specified in subsection (5).

[F3 (3A) The provider of probation services mentioned in subsection (3) is the provider of probation services identified as such by arrangements under section 3 of the Offender Management Act 2007.]

(4) The matters are—

(a) whether the offender should be subject to any licence conditions or supervision requirements in the event of his release;

(b) if so, what licence conditions or supervision requirements.

(5) The information is information about any licence conditions or supervision requirements to which the offender is to be subject in the event of his release.

(6) If a person whose wishes have been ascertained under subsection (3) makes representations to the local probation board [F4 or provider of probation services] mentioned in that subsection or the [F5 relevant probation body] about a matter specified in subsection (4), the [F5 relevant probation body] must forward those representations to the persons responsible for determining the matter.

(7) If a local probation board [F6 or a provider of probation services] has ascertained under subsection (3) that a person wishes to receive the information specified in subsection (5), the [F7 relevant probation body] must take all reasonable steps—

(a) to inform the person whether or not the offender is to be subject to any licence conditions or supervision requirements in the event of his release,

(b) if he is, to provide the person with details of any licence conditions or supervision requirements which relate to contact with the victim or his family, and

(c) to provide the person with such other information as the [F7 relevant probation body] considers appropriate in all the circumstances of the case.

[F8 (8) In this section “the relevant probation body” is—

(a) in a case where the offender is to be supervised on release by an officer of a local probation board or an officer of a provider of probation services, that local probation board or that provider of probation services (as the case may be);

(b) in any other case—

(i) if the prison or other place in which the offender is detained is situated in the area of a local probation board, that local probation board; and

(ii) if that prison or other place is not in such an area, the provider of probation services operating in the local justice area in which the prison or other place 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.]

Textual Amendments

F1 Words in s. 35(1)(a) substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 10(a) (with s. 25(3)(4))

F2 Words in s. 35(3) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(3)(a)

F3 S. 35(3A) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(3)(b)

F4 Words in s. 35(6) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(3)(c)(i)

F5 Words in s. 35(6) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(3)(c)(ii)

F6 Words in s. 35(7) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(3)(d)(i)

F7 Words in s. 35(7) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(3)(d)(ii)

F8 S. 35(8) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(3)(e)