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Domestic Violence, Crime and Victims Act 2004

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This is the original version (as it was originally enacted).

37Representations
This section has no associated Explanatory Notes

(1)This section applies if section 36 applies.

(2)If—

(a)a person makes representations about a matter specified in section 36(5) to the local probation board mentioned in section 36(4) or the relevant local probation board, and

(b)it appears to the relevant local probation board that the person is the victim of the offence or acts for the victim of the offence,

the relevant local probation board must forward the representations to the persons responsible for determining the matter.

(3)The duty in subsection (2) applies only while the restriction order made in respect of the patient is in force.

(4)The Secretary of State must inform the relevant local probation board if he is considering—

(a)whether to give a direction in respect of the patient under section 42(1) of the Mental Health Act 1983 (c. 20) (directions lifting restrictions),

(b)whether to discharge the patient under section 42(2) of that Act, either absolutely or subject to conditions, or

(c)if the patient has been discharged subject to conditions, whether to vary the conditions.

(5)A Mental Health Review Tribunal must inform the relevant local probation board if—

(a)an application is made to the tribunal by the patient under section 69, 70 or 75 of the Mental Health Act 1983 (applications concerning restricted patients), or

(b)the Secretary of State refers the patient’s case to the tribunal under section 71 of that Act (references concerning restricted patients).

(6)Subsection (7) applies if—

(a)the relevant local probation board receives information under subsection (4) or (5), and

(b)a person who appears to the relevant local probation board to be the victim of the offence or to act for the victim of the offence—

(i)when his wishes were ascertained under section 36(4), expressed a wish to make representations about a matter specified in section 36(5), or

(ii)has made representations about such a matter to the relevant local probation board or the local probation board mentioned in section 36(4).

(7)The relevant local probation board must provide the information to the person.

(8)The relevant local probation board is—

(a)if the patient is to be discharged subject to a condition that he reside in a particular area, the local probation board for the area;

(b)in any other case, the local probation board for the area in which the hospital in which the patient is detained is situated.

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