Part 3

Victims etc
Chapter 2

Representations and information

Hospital directions

Removal of restriction
41A
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 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 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 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 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 relevant probation body has the meaning given in section 40(8).
S. 41A inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 48, 56(1), Sch. 6 para. 9 (as amended by S.I. 2008/912, Sch. 1 para. 24(2)(c)) (with s. 50(8)-(13)); S.I. 2008/1900, arts. 1(1), 2(o) (with art. 3, Sch.)