Part 3A, Chapter 1, Section 44B · Domestic Violence, Crime and Victims Act 2004

Contents

44BRemoval of restriction#

(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).

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 50

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act
includes a course of conduct and also includes omission;
anti-social behaviour
means behaviour by a person which causes or is likely to cause harassment, alarm or distress to one or more persons not of the same household as the person;
child
means a person under the age of 16;
community treatment order
has the meaning given in section 17A of the Mental Health Act 1983;
criminal conduct
means conduct constituting an offence;
disclosure order
has the meaning given by section 125CA(3) above.”
domestic abuse related death review
means a review of the circumstances of the death of a person which is held—
domestic homicide review
means a review of the circumstances in which the death of a person aged 16 or over has, or appears to have, resulted from violence, abuse or neglect by— held with a view to identifying the lessons to be learnt from the death.
Enactment
includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978 (c. 30).”
hospital direction
has the meaning given in section 45A(3)(a) of the Mental Health Act 1983 (c. 20);
hospital order
has the meaning given in Article 44(1) of the Mental Health (Northern Ireland) Order 1986;
interim hospital order
has the meaning given in section 38 of that Act;
leave of absence
means leave of absence under Article 15 of the Mental Health (Northern Ireland) Order 1986.”
licence condition
means a condition in a licence;
life sentence
means a sentence of imprisonment, detention or custody for life, or during His Majesty’s pleasure;
limitation direction
has the meaning given in section 45A(3)(b) of the Mental Health Act 1983;
local authority
means—
Minister of the Crown
includes the Treasury.
offence
includes an offence under the law of any place outside England and Wales;
preparatory hearing
means a preparatory hearing within the meaning of the 1987 Act or Part 3 of the 1996 Act;
release
includes temporary release;
relevant duty
has the meaning given by section 5(1B) of this Act.”
relevant hearing
means any hearing held by the tribunal before making a decision which disposes of proceedings on the application or reference mentioned in subsection (1);
relevant offence
means—
relevant person
means a person who is not an individual and is subject to the duty in section 5(1) of the Victims and Prisoners Act 2024 (duty to provide services in accordance with the code issued under section 2 of that Act).
relevant proceedings
means—
responsible clinician
means the responsible clinician for the purposes of Part 3 of the Mental Health Act 1983;
responsible hospital
has the meaning given in section 17A of the Mental Health Act 1983;
restriction direction
has the meaning given in section 49(2) of the Mental Health Act 1983;
restriction order
has the meaning given in Article 47(1) of that Order;
sentence of imprisonment
has the meaning given in Article 53(5) of that Order. 7 In sections 69A and 69B “leave of absence” means leave of absence under Article 15 of the Mental Health (Northern Ireland) Order 1986.”
sentence of imprisonment or detention
includes a detention and training order;
specified
means specified in the code.
supervision order
has the meaning given in Part 1 of Schedule 1A to this Act. 5A 1 In relation to the making of an order by virtue of subsection (2)(a) of section 5 above, section 37 (hospital orders etc) of the Mental Health Act 1983 (“the 1983 Act”) shall have effect as if— a the reference in subsection (1) to a person being convicted before the Crown Court included a reference to the case where section 5 above applies;
supervision requirements
means requirements specified in a notice under section 242(4) of the Sentencing Code;
the 1987 Act
means the Criminal Justice Act 1987 (c. 38);
the 1988 Order
means the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988. 18A 1 An appeal shall lie to the Court of Appeal from the refusal by a judge at a hearing mentioned in section 18(1)(b) of an application under section 17 or from an order of a judge at such a hearing under section 17(2) which is made on the determination of such an application. 2 Such an appeal may be brought only with the leave of the judge or the Court of Appeal. 3 An order or a refusal of an application from which an appeal under this section lies is not to take effect— a before the expiration of the period for bringing an appeal under this section, or b if such an appeal is brought, before the appeal is finally disposed of or abandoned. 4 On the termination of the hearing of an appeal under this section, the Court of Appeal may— a where the appeal is from an order, confirm or revoke the order, or b where the appeal is from a refusal of an application, confirm the refusal or make the order which is the subject of the application. 5 In section 31(1) of the Criminal Appeal (Northern Ireland) Act 1980 (right of appeal to House of Lords) for “Act or” substitute “ Act, section 18A of the Domes
the 1996 Act
means the Criminal Procedure and Investigations Act 1996 (c. 25).
the 2003 Act
means the Criminal Justice Act 2003 (c. 44).
the data protection legislation
has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
the managers
has the meaning given in section 145 of the Mental Health Act 1983;
the relevant hospital
means the hospital in which the offender is detained.
the relevant probation body
has the meaning given in section 37(8);
the same household as V
refers to the household in which V was living at the time of the act that caused the death or serious physical harm.
the Sentencing Act
means the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6);
transfer direction
has the meaning given in Article 53(2) of that Order. 6 In section 69A(3)— “hospital order” has the meaning given in Article 44(1) of the Mental Health (Northern Ireland) Order 1986;
Victim
means—
victim impact statement
means a statement about the way in which, and the degree to which, the offence has affected and (as the case may be) continues to affect the victim or any other person.
vulnerable adult
means a person aged 16 or over whose ability to protect himself from violence, abuse or neglect is significantly impaired through physical or mental disability or illness, through old age or otherwise.
Witness
means a person (other than a defendant)—