Part 3

Victims etc
Chapter 2

Representations and information

Hospital orders

Victims' rights: preliminary
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1
This section applies if the conditions in subsections (2) and (3) are met.
2
The first condition is that one of these applies in respect of a person (“the patient”) charged with a sexual or violent offence—
a
the patient is convicted of the offence;
b
a verdict is returned that the patient is not guilty of the offence by reason of insanity;
c
a finding is made—
i
under section 4 of the Criminal Procedure (Insanity) Act 1964 (c. 84) that the patient is under a disability, and
ii
under section 4A of that Act that he did the act or made the omission charged against him as the offence.
3
The second condition is that a hospital order with a restriction order is made in respect of the patient by a court dealing with him for the offence.
4
The local probation board for the area in which the determination mentioned in subsection (2)(a), (b) or (c) is made must take all reasonable steps to ascertain whether a person who appears to the board 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 (5);
b
to receive the information specified in subsection (6).
5
The matters are—
a
whether the patient should be subject to any conditions in the event of his discharge from hospital;
b
if so, what conditions.
6
The information is information about any conditions to which the patient is to be subject in the event of his discharge from hospital.