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Domestic Violence, Crime and Victims Act 2004

Status:

This is the original version (as it was originally enacted).

36Victims' rights: preliminary
This section has no associated Explanatory Notes

(1)This section applies if the conditions in subsections (2) and (3) are met.

(2)The first condition is that one of these applies in respect of a person (“the patient”) charged with a sexual or violent offence—

(a)the patient is convicted of the offence;

(b)a verdict is returned that the patient is not guilty of the offence by reason of insanity;

(c)a finding is made—

(i)under section 4 of the Criminal Procedure (Insanity) Act 1964 (c. 84) that the patient is under a disability, and

(ii)under section 4A of that Act that he did the act or made the omission charged against him as the offence.

(3)The second condition is that a hospital order with a restriction order is made in respect of the patient by a court dealing with him for the offence.

(4)The local probation board for the area in which the determination mentioned in subsection (2)(a), (b) or (c) is made 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 (5);

(b)to receive the information specified in subsection (6).

(5)The matters are—

(a)whether the patient should be subject to any conditions in the event of his discharge from hospital;

(b)if so, what conditions.

(6)The information is information about any conditions to which the patient is to be subject in the event of his discharge from hospital.

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