Part 3A, Chapter 4, Section 45 · Domestic Violence, Crime and Victims Act 2004

Contents

45Interpretation: sections 35 to 44B#

(1)In this Part—

(1A)A reference in any provision of this Part to “the provider of probation services” is—

(a)where there is only one provider of probation services within the meaning given by section 3 (6) of the Offender Management Act 2007, to that provider;

(b)otherwise, to the provider of probation services identified as having the functions of the provider of probation services for the purposes of that provision by arrangements under section 3 of that Act (and different providers may be identified for different purposes).

(2)For the purposes of sections 35 to 44B, an offence is a sexual, violent or terrorism offence if it is any of these—

(a)murder or an offence specified in Schedule 18 to the Sentencing Code;

(b)an offence in respect of which the patient or offender is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c. 42));

(c)an offence against a child within the meaning of Part 2 of the Criminal Justice and Court Services Act 2000.

(3)A reference in sections 35 to 44B to a place in which a person is detained includes a reference to a place in which he is liable to be detained under the Mental Health Act 1983.

(4)For the purposes of section 32(3) of that Act (regulations as to delegation of managers' functions, etc.) as applied by Parts 1 and 2 of Schedule 1 to that Act, a function conferred on the managers of a hospital under sections 35 to 44B of this Act is to be treated as a function of theirs under Part 3 of that Act.

• “community treatment order” has the meaning given in section 17A of the Mental Health Act 1983;• “court” does not include the Court Martial or the Court Martial Appeal Court;• “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 section 37(4) of that Act;• “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 probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 (c. 43);• “the managers” has the meaning given in section 145 of the Mental Health Act 1983;• “release” includes temporary release;• “relevant sentence” means any of these—(a) a sentence of imprisonment for a term of 12 months or more;(b) a sentence of detention during Her Majesty’s pleasure;(c) a sentence of detention for a period of 12 months or more under section 250 or 252A of the Sentencing Code (offenders under 18 convicted of certain serious offences);(d) a detention and training order for a term of 12 months or more;• “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 section 41(1) of that Act;• “sentence of imprisonment or detention” includes a detention and training order;• “the specified sentence length”, in relation to an offence, means 12 months;• “supervision requirements” means requirements specified in a notice under section 242(4) of the Sentencing Code;• “transfer direction” has the meaning given in section 47(1) of the Mental Health Act 1983.• “victim” means a person who is a victim within the meaning given by section 1 of the Victims and Prisoners Act 2024 other than by virtue of subsection (2)(a) of that section (but see sections 44M(4)(c) and 44N(5) which extend the definition of victim in those sections).

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)—