Part 3

Victims etc
Chapter 2

Representations and information

Hospital orders

Removal of restriction
38B
1
This section applies if, in a case where section 36 applies—
a
the hospital order in respect of the patient was made with a restriction order, and
b
the restriction order ceases to have effect while the hospital order continues in force.
2
Subsection (3) applies if a person who appears to the relevant probation body to be the victim of the offence or to act for the victim of the offence—
a
when his wishes were ascertained under section 36(4), expressed a wish to make representations about a matter specified in section 36(5) or to receive the information specified in section 36(6), or
b
has subsequently informed the relevant probation body that he wishes to make representations about such a matter or to receive that information.
3
The relevant probation body 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 name and address of the hospital.
4
While the hospital order continues in force, the patient 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 relevant probation body has the meaning given in section 37(8).
Ss. 38A, 38B inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 48, 56(1), Sch. 6 para. 7 (as amended by S.I. 2008/912, Sch. 1 para. 24(2)(b)) (with s. 50(8)-(13)); S.I. 2008/1900, arts. 1(1), 2(o) (with art. 3, Sch.)