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Domestic Violence, Crime and Victims Act 2004

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Domestic Violence, Crime and Victims Act 2004, Section 42 is up to date with all changes known to be in force on or before 24 September 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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42Victims' rights: preliminaryE+W
This section has no associated Explanatory Notes

(1)This section applies if—

(a)a person (“the offender”) is convicted of a sexual or violent offence,

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

(c)while the offender is serving the sentence, the Secretary of State gives a transfer direction [F1in respect of the offender (whether or not he also gives a restriction direction in respect of the offender)].

(2)The local probation board for the area in which the hospital specified in the transfer direction is situated [F2or the provider of probation services operating in the local justice area in which the hospital specified in the transfer direction is situated] must take all reasonable steps to ascertain whether a person who appears to the board [F3or the provider] 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 (3);

(b)to receive the information specified in subsection (4).

[F4(2A)The provider of probation services mentioned in subsection (2) is the provider of probation services identified as such by arrangements under section 3 of the Offender Management Act 2007.]

(3)The matters are—

(a)whether the offender should be subject to any conditions in the event of his discharge from hospital [F5at a time when a restriction direction is in force in respect of him];

(b)if so, what conditions [F6;

(c)what conditions he should be subject to in the event of his discharge from hospital under a community treatment order].

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

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