Mental Health Act 2007

Hospital directions and limitation directions E+W+S+N.I.

8 In section 39 (victims' rights: preliminary), in subsection (3)— E+W+S+N.I.

(a) in paragraph (a), after “discharge from hospital” insert “ while he is subject to a limitation direction ”, and

(b) after that paragraph insert—

“(aa) what conditions he should be subject to in the event of his discharge from hospital under a community treatment order;”.

9 After section 41 insert— E+W+S+N.I.

“41A Removal of restriction

(1) This section applies if, in a case where section 39 applies—

(a) the limitation direction in respect of the offender ceases to be in force, and

(b) he is treated for the purposes of the Mental Health Act 1983 as a patient in respect of whom a hospital order has effect.

(2) Subsection (3) applies if a person who appears to the [F1 relevant probation body]F1 to be the victim of the offence or to act for the victim of the offence—

(a) when his wishes were ascertained under section 39(2), expressed a wish to make representations about a matter specified in section 39(3) or to receive the information specified in section 39(4), or

(b) has subsequently informed the [F1 relevant probation body]F1 that he wishes to make representations about such a matter or to receive that information.

(3) The [F2 relevant probation body]F2 must take all reasonable steps—

(a) to notify the managers of the relevant hospital of an address at which that person may be contacted;

(b) to notify that person of the address of the hospital.

(4) The offender is to be regarded as a patient in respect of whom a hospital order was made without a restriction order; and sections 37A and 38A are to apply in relation to him accordingly.

(5) The relevant hospital has the meaning given in section 36A(6).

(6) The [F3 relevant probation body]F3 has the meaning given in section 40(8).”

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Amendments (Textual)

F1 Words in Sch. 6 para. 9 substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 24(2)(c)(i)

F2 Words in Sch. 6 para. 9 substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 24(2)(c)(ii)

F3 Words in Sch. 6 para. 9 substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 24(2)(c)(iii)