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Mental Health (Scotland) Act 2015

New section 17B

157.Section 56 of the Act inserts new sections 17B to 17D to the Criminal Justice Act.

158.Section 17B provides for the victims of mentally disordered offenders to be given a right to make representations in certain cases. A person who has the right to be given information about the offender must, in a case where the offender is subject to a hospital direction or a transfer for treatment direction and qualifies under the Criminal Justice Victim Notification Scheme, be given the chance to make representations before a decision about suspending the offender’s detention is made for the first time. Where the offender is subject to a compulsion order and restriction order, an opportunity to make representations must be given before a decision is taken about (i) suspending the offender’s detention for the first time (for a definition of this see inserted section 18A); (ii) revoking or varying the compulsion order in any way; (iii) conditionally discharging the offender; or (iv) imposing, altering or removing any conditions applying to the conditional discharge of the offender which might affect the victim or family of the victim as described in section 18A(3). Any representations must be about how the decision in question might affect the victim or the victim’s family and the right to make representations only applies if the victim has intimated to the Scottish Ministers a wish to make representations and there is no need to give the victim the opportunity if it is not reasonably practicable to do so.

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