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This is the original version (as it was originally enacted).

40Representations
This section has no associated Explanatory Notes

(1)This section applies if section 39 applies.

(2)If—

(a)a person makes representations about a matter specified in section 39(3) to the local probation board mentioned in section 39(2) 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)If the representations are about a matter specified in section 39(3)(a), the duty in subsection (2) applies only while the limitation direction given in relation to the offender 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 offender under section 42(1) of the Mental Health Act 1983 (c. 20) (directions lifting restrictions),

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

(c)if the offender 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 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 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 39(2), expressed a wish to make representations about a matter specified in section 39(3)(a), or

(ii)has made representations about such a matter to the relevant local probation board or the local probation board mentioned in section 39(2).

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

(8)The relevant local probation board is—

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

(b)if the offender is to be supervised on release by an officer of a local probation board, that local probation board;

(c)in any other case, the local probation board for the area in which the hospital, prison or other place in which the offender is detained is situated.

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