Part 3

Victims etc
Chapter 2

Representations and information

Transfer directions

Removal of restriction
44B
1
This section applies if, in a case where section 42 applies—
a
the transfer direction in respect of the patient was given with a restriction direction, and
b
the restriction direction ceases to be in force while the transfer direction 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 42(2), expressed a wish to make representations about a matter specified in section 42(3) or to receive the information specified in section 42(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 name and address of the hospital.
4
While the transfer direction continues in force, the patient is to be regarded as a patient in respect of whom a transfer direction was given without a restriction direction; and sections 43A and 44A 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 43(8).
Ss. 44A, 44B inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 48, 56(1), Sch. 6 para. 15 (as amended by S.I. 2008/912, Sch. 1 para. 24(2)(e)) (with s. 50(8)-(13)); S.I. 2008/1900, arts. 1(1), 2(o) (with art. 3, Sch.)