Domestic Violence, Crime and Victims Act 2004

• (e) if a community treatment order in respect of the patient is to cease to be in force, to inform that person of the date on which it is to cease to be in force;

• (f) if, following the examination of the patient under section 20 of the Mental Health Act 1983, the authority for the patient's detention is not to be renewed, to inform that person of the date on which the authority is to expire;

• (g) to provide that person with such other information as the managers of the relevant hospital consider appropriate in all the circumstances of the case.

• (8) The relevant hospital has the meaning given by section 36A(6).

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).

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).

42A

• (1) This section applies if, in a case where section 42 applies, the transfer direction in respect of the patient was given without a restriction direction.

• (2) Subsection (3) applies if a person who appears to the local probation board or provider of probation services mentioned in section 42(2) to be the victim of the offence or to act for the victim of the offence, when his wishes are ascertained under section 42(2), expresses a wish—

• (a) to make representations about a matter specified in section 42(3), or

• (b) to receive the information specified in section 42(4).

• (3) The local probation board or provider of probation services must—

• (a) notify the managers of the hospital in which the patient is detained of that person's wish and of that person's name and address, and

• (b) notify that person of the name and address of the hospital.

• (4) Subsection (5) applies if a person who appears to the local probation board or provider of probation services mentioned in section 42(2) to be the victim of the offence or to act for the victim of the offence, subsequently to his wishes being ascertained under section 42(2), expressed a wish to do something specified in subsection (2)(a) or (b).

• (5) The local probation board or provider of probation services mentioned in section 42(2) must take all reasonable steps—

• (a) to ascertain whether the transfer direction given in respect of the patient continues in force and whether a community treatment order is in force in respect of him, and

• (b) if the board or the provider ascertains that the transfer direction does continue in force—

• (i) to notify the managers of the relevant hospital of that person's wish, and

• (ii) to notify that person of the name and address of the hospital.

• (6) The relevant hospital has the meaning given in section 36A(6).

43A

• (1) This section applies if, in a case where section 42 applies, the transfer direction in respect of the patient was given without a restriction direction.

• (2) Subsection (3) applies if—

• (a) a person makes representations about a matter specified in section 42(3) to the managers of the relevant hospital, and

• (b) it appears to the managers that the person is the victim of the offence or acts for the victim of the offence.

• (3) The managers must forward the representations to the persons responsible for determining the matter.

• (4) The responsible clinician must inform the managers of the relevant hospital if he is considering making—

• (a) an order for discharge in respect of the patient under section 23(2) of the Mental Health Act 1983,

• (b) a community treatment order in respect of him, or

• (c) an order under section 17B(4) of the Mental Health Act 1983 to vary the conditions specified in a community treatment order in force in respect of the patient.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) The First-tier Tribunal or the Mental Health Review Tribunal for Wales must inform the managers of the relevant hospital if—

• (a) an application is made to the tribunal under section 66 or 69 of the Mental Health Act 1983, or

• (b) the patient's case is referred to the tribunal under section 67 of that Act.

• (7) Subsection (8) applies if—

• (a) the managers of the relevant hospital receive information under subsection (4)... or (6), and

• (b) a person who appears to the managers to be the victim of the offence or to act for the victim of the offence—

• (i) when his wishes were ascertained under section 42(2), expressed a wish to make representations about a matter specified in section 42(3), or

• (ii) has made representations about such a matter to the managers of the hospital in which the patient was, at the time in question, detained.

• (8) The managers of the relevant hospital must provide the information to the person.

• (9) The relevant hospital has the meaning given in section 36A(6).

44A

• (1) This section applies if, in a case where section 42 applies, the transfer direction in respect of the patient was given without a restriction direction.

• (2) The responsible clinician must inform the managers of the relevant hospital—

• (a) whether he is to make an order for discharge in respect of the patient under section 23(2) of the Mental Health Act 1983;

• (b) whether he is to make a community treatment order in respect of the patient;

• (c) if a community treatment order is to be made in respect of the patient, what conditions are to be specified in the order;

• (d) if a community treatment order is in force in respect of the patient, of any variation to be made under section 17B(4) of the Mental Health Act 1983 of the conditions specified in the order;

• (e) if a community treatment order in respect of the patient is to cease to be in force, of the date on which it is to cease to be in force;

• (f) if, following the examination of the patient under section 20 of the Mental Health Act 1983, it does not appear to the responsible clinician that the conditions set out in subsection (4) of that section are satisfied, of the date on which the authority for the patient's detention is to expire.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Subsection (5) applies if—

• (a) an application is made to the First-tier Tribunal or the Mental Health Review Tribunal for Wales under section 66 or 69 of the Mental Health Act 1983,

• (b) the patient's case is referred to the First-tier Tribunal or the Mental Health Review Tribunal for Wales under section 67 of that Act, or

• (c) the managers of the relevant hospital refer the patient's case to the First-tier Tribunal or the Mental Health Review Tribunal for Wales under section 68 of that Act.

• (5) The tribunal must inform the managers of the relevant hospital if it directs that the patient be discharged.

• (6) Subsection (7) applies if a person who appears to the managers of the relevant hospital 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 receive the information specified in section 42(4), or

• (b) has subsequently informed the managers of the relevant hospital that he wishes to receive that information.

• (7) The managers of the relevant hospital order must take all reasonable steps—

• (a) to inform that person whether the patient is to be discharged under section 23 or 72 of the Mental Health Act 1983;

• (b) to inform that person whether a community treatment order is to be made in respect of the patient;

• (c) if a community treatment order is to be made in respect of the patient and is to specify conditions which relate to contact with the victim or his family, to provide that person with details of those conditions;

• (d) if a community treatment order is in force in respect of the patient and the conditions specified in the order are to be varied under section 17B(4) of the Mental Health Act 1983, to provide that person with details of any variation which relates to contact with the victim or his family;

• (e) if a community treatment order in respect of the patient is to cease to be in force, to inform that person of the date on which it is to cease to be in force;

• (f) if, following the examination of the patient under section 20 of the Mental Health Act 1983, the authority for the patient's detention is not to be renewed, to inform that person of the date on which the authority is to expire;

• (g) to provide that person with such other information as the managers of the relevant hospital consider appropriate in all the circumstances of the case.

• (8) The relevant hospital has the meaning given by section 36A(6).

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).

Authorities within Commissioner’s remit

Disclosure of information

Transitional and transitory provisions

The following is the Schedule inserted before Schedule 2 to the Criminal Procedure (Insanity) Act 1964 (c. 84)—

Army Act 1955 (3 & 4 Eliz. 2 c. 18) and Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)

Naval Discipline Act 1957 (c. 53)

Courts-Martial (Appeals) Act 1968 (c. 20)

The following is the Schedule inserted after Schedule 4 to the Magistrates' Courts Act 1980 (c. 43)—

Interpretation

Detention and training orders

Suspended sentence supervision orders

Community orders under the Sentencing Act

Curfew orders and exclusion orders

Attendance centre orders

Community orders under the 2003 Act

Suspended sentence orders under the 2003 Act

Local justice areas

Deputy Commissioner

Terms of appointment

Staff

Delegation

Pensions

Finance

Accounts

Annual plan

Annual report

Disqualification Acts

Meaning of “financial year”

Government departments

1WA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1XA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1YA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1ZA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1ZB

The Department for Education.

3A. The Department for Innovation, Universities and Skills.

8A

The Ministry of Justice.

Customs and Excise

Police forces etc

Criminal injuries compensation

Health and safety

Legal services

Court administration

Criminal justice system

25A

A provider of probation services.

Maritime and coastguards

Colonial Prisoners Removal Act 1884 (c. 31)

Children and Young Persons Act 1933 (c. 12)

Criminal Procedure (Insanity) Act 1964 (c. 84)

Criminal Appeal Act 1968 (c. 19)

Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))

Juries Act 1974 (c. 23)

Rehabilitation of Offenders Act 1974 (c. 53)

Magistrates' Courts Act 1980 (c. 43)

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

Supreme Court Act 1981 (c. 54)

Criminal Justice Act 1982 (c. 48)

Representation of the People Act 1983 (c. 2)

Mental Health Act 1983 (c. 20)

Police and Criminal Evidence Act 1984 (c. 60)

Prosecution of Offences Act 1985 (c. 23)

Coroners Act 1988 (c. 13)

Criminal Justice Act 1988 (c. 33)

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

Criminal Justice Act 1991 (c. 53)

Criminal Appeal Act 1995 (c. 35)

Law Reform (Year and a Day Rule) Act 1996 (c. 19)

Family Law Act 1996 (c. 27)

Protection from Harassment Act 1997 (c. 40)

Crime (Sentences) Act 1997 (c. 43)

Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9))

Crime and Disorder Act 1998 (c. 37)

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

Criminal Justice and Court Services Act 2000 (c. 43)

Sexual Offences Act 2003 (c. 42)

Criminal Justice Act 2003 (c. 44)

Editorial notes

[^c21160731]: Words in s. 8 sidenote substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 238(2); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see transitional provisions in S.I. 2009/1059)

[^c21160791]: Words in s. 8(1) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 238(3); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see transitional provisions in S.I. 2009/1059)

[^c21160811]: S. 8(2) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 238(4); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see transitional provisions in S.I. 2009/1059)

[^c21163141]: S. 8(2) modified (24.4.2009 for certain purposes, otherwise 31.10.2009) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 205, Sch. 1 para. 54

[^c21241781]: S. 9(3A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 85(2) (with arts. 28-31); S.I. 2010/977, art. 1(2)

[^c21084531]: Words in s. 9(4)(a) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(2)

[^c21076011]: Words in s. 9(4)(a) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 263(c) (with Sch. 3 Pt. 1)

[^c21076031]: Words in s. 9(4)(a) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 263(d) (with Sch. 3 Pt. 1)

[^c21241801]: Words in s. 9(6) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 85(3)(a) (with arts. 28-31); S.I. 2010/977, art. 1(2)

[^c21241861]: Words in s. 9(6) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 85(3)(b) (with arts. 28-31); S.I. 2010/977, art. 1(2)

[^c21242011]: S. 9(7) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 85(4) (with arts. 28-31); S.I. 2010/977, art. 1(2)

[^c21075421]: S. 10(1) repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 174(2), 178(8), Sch. 17 Pt. 2; S.I. 2005/3495, art. 2(1)(u)(lviii)

[^c21076051]: S. 10(2) repealed (1.3.2007) by The Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288) (N.I. 2), arts. 1(2), 41(2), Sch. 2

[^c21075681]: S. 14(4) omitted (3.7.2006) by virtue of The Collection of Fines (Final Scheme) Order 2006 (S.I. 2006/1737), art. 54

[^c21159611]: S. 16(2) repealed (5.1.2009) by Road Safety Act 2006 (c. 49), ss. 59, 61, Sch. 7(1); S.I. 2008/3164, art. 2(d)

[^c21075871]: S. 17 wholly in force at 8.1.2007, see s. 60 and S.I. 2006/3423, art. 2 (subject to art. 3)

[^c21075881]: S. 18 wholly in force at 8.1.2007, see s. 60 and S.I. 2006/3423, art. 2 (subject to art. 3)

[^c21075891]: S. 19 wholly in force at 8.1.2007, see s. 60 and S.I. 2006/3423, art. 2 (subject to art. 3)

[^c21075901]: S. 20 wholly in force at 8.1.2007, see s. 60 and S.I. 2006/3423, art. 2 (subject to art. 3)

[^c21080321]: S. 21(2) substituted (1.8.2007) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 8(2), 53(4), Sch. 1 para. 5 (with s. 8(3) and with savings in S.I. 2007/2259, art. 2); S.I. 2007/2045, art. 2(2)(3)(q)

[^c21080441]: S. 32: functions transferred (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 4(2)(a) (with art. 7)

[^c21081571]: Words in s. 32 inserted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(2)

[^c21080451]: S. 33: functions transferred (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 4(2)(a), 5(2)(a) (with art. 7)

[^c21081621]: Words in s. 33 inserted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(2)

[^c21082121]: Words in s. 33 substituted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(3)

[^c21084561]: Words in s. 35(3) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(3)(a)

[^c21084581]: S. 35(3A) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(3)(b)

[^c21084601]: Words in s. 35(6) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(3)(c)(i)

[^c21084621]: Words in s. 35(6) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(3)(c)(ii)

[^c21084651]: Words in s. 35(7) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(3)(d)(i)

[^c21084671]: Words in s. 35(7) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(3)(d)(ii)

[^c21084701]: S. 35(8) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(3)(e)

[^c21153731]: Words in s. 36(3) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 48, 56(1), Sch. 6 para. 2(2) (with s. 50(8)-(13)); S.I. 2008/1900, arts. 1(1), 2(o) (with art. 3, Sch.)

[^c21084731]: Words in s. 36(4) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(4)(a)

[^c21084751]: S. 36(4A) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(4)(b)

[^c21153751]: Words in s. 36(5)(a) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 48, 56(1), Sch. 6 para. 2(3)(a) (with s. 50(8)-(13)); S.I. 2008/1900, arts. 1(1), 2(o) (with art. 3, Sch.)

[^c21153791]: S. 36(5)(c) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 48, 56(1), Sch. 6 para. 2(3)(b) (with s. 50(8)-(13)); S.I. 2008/1900, arts. 1(1), 2(o) (with art. 3, Sch.)

[^c21154031]: S. 37 title substituted (3.11.2008) by virtue of Mental Health Act 2007 (c. 12), ss. 48, 56(1), Sch. 6 para. 4 (with s. 50(8)-(13)); S.I. 2008/1900, arts. 1(1), 2(o) (with art. 3, Sch.)

[^c21154071]: Words in s. 37(1) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 48, 56(1), Sch. 6 para. 4 (with s. 50(8)-(13)); S.I. 2008/1900, arts. 1(1), 2(o) (with art. 3, Sch.)

[^c21084771]: Words in s. 37(2)(a) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(5)(a)(i)

[^c21084791]: Words in s. 37(2) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(5)(a)(ii)

[^c21084831]: Words in s. 37(4) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(5)(b)

[^c21156531]: Words in s. 37(5) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), arts. 1(1), 9(1), Sch. 3 para. 205

[^c21084851]: Words in s. 37(5) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(5)(c)

[^c21084901]: Words in s. 37(6) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(5)(d)(i)

[^c21084941]: Words in s. 37(6) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(5)(d)(ii)

[^c21084961]: Words in s. 37(7) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(5)(e)

[^c21084981]: S. 37(8) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(5)(f)

[^c21156731]: Words in s. 37A(6) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), arts. 1(1), 9(1), Sch. 3 para. 206

[^c21154181]: S. 38 title substituted (3.11.2008) by virtue of Mental Health Act 2007 (c. 12), ss. 48, 56(1), Sch. 6 para. 6 (with s. 50(8)-(13)); S.I. 2008/1900, arts. 1(1), 2(o) (with art. 3, Sch.)

[^c21154201]: Words in s. 38(1) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 48, 56(1), Sch. 6 para. 6 (with s. 50(8)-(13)); S.I. 2008/1900, arts. 1(1), 2(o) (with art. 3, Sch.)

[^c21085011]: Words in s. 38(2) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(6)(a)

[^c21085041]: Words in s. 38(3) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(6)(b)(i)

[^c21085061]: Words in s. 38(3)(d) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(6)(b)(ii)

[^c21085081]: Words in s. 38(4) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(6)(c)

[^c21156811]: Words in s. 38(5)(a)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), arts. 1(1), 9(1), Sch. 3 para. 207

[^c21085101]: Words in s. 38(6) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(6)(d)

[^c21085121]: Words in s. 38(7) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(6)(e)

[^c21085141]: Words in s. 38(9) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(6)(f)

[^c21156871]: Words in s. 38A(4)(a)-(c) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), arts. 1(1), 9(1), Sch. 3 para. 208

[^c21153401]: S. 36A inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 48, 56(1), Sch. 6 para. 3 (as amended by S.I. 2008/912, Sch. 1 para. 24(2)(a)) (with s. 50(8)-(13)); S.I. 2008/1900, arts. 1(1), 2(o) (with art. 3, Sch.)

[^c21154101]: S. 37A inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 48, 56(1), Sch. 6 para. 5 (with s. 50(8)-(13)); S.I. 2008/1900, arts. 1(1), 2(o) (with art. 3, Sch.)

[^c21154261]: 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.)

[^c21154301]: 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.)

[^c21087271]: Words in s. 39(2) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(7)(a)

[^c21087311]: S. 39(2A) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(7)(b)

[^c21155311]: Words in s. 39(3)(a) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 48, 56(1), Sch. 6 para. 8(a) (with s. 50(8)-(13)); S.I. 2008/1900, arts. 1(1), 2(o) (with art. 3, Sch.)

[^c21155351]: S. 39(3)(aa) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 48, 56(1), Sch. 6 para. 8(b) (with s. 50(8)-(13)); S.I. 2008/1900, arts. 1(1), 2(o) (with art. 3, Sch.)

[^c21087331]: Words in s. 40(2)(a) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(8)(a)(i)

[^c21087351]: Words in s. 40(2) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(8)(a)(ii)

[^c21087391]: Words in s. 40(4) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(8)(b)

[^c21156931]: Words in s. 40(5) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), arts. 1(1), 9(1), Sch. 3 para. 209

[^c21087411]: Words in s. 40(5) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(8)(c)

[^c21087431]: Words in s. 40(6) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(8)(d)(i)

[^c21087471]: Words in s. 40(6)(b)(ii) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(8)(d)(ii)

[^c21087491]: Words in s. 40(7) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(8)(e)

[^c21087511]: S. 40(8) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(8)(f)

[^c21087571]: Words in s. 41(2) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(9)(a)

[^c21087601]: Words in s. 41(3) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(9)(b)

[^c21087621]: Words in s. 41(4) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(9)(c)

[^c21156961]: Words in s. 41(5)(a)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), arts. 1(1), 9(1), Sch. 3 para. 210

[^c21087641]: Words in s. 41(6) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(9)(d)

[^c21087661]: Words in s. 41(7) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(9)(e)

[^c21087681]: Words in s. 41(9) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(9)(f)

[^c21155371]: 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.)

[^c21155691]: Words in s. 42(1)(c) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 48, 56(1), Sch. 6 para. 10(2) (with s. 50(8)-(13)); S.I. 2008/1900, arts. 1(1), 2(o) (with art. 3, Sch.)

[^c21087701]: Words in s. 42(2) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(10)(a)(i)

[^c21087721]: Words in s. 42(2) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(10)(a)(ii)

[^c21087741]: S. 42(2A) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(10)(b)

[^c21155731]: Words in s. 42(3)(a) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 48, 56(1), Sch. 6 para. 10(3)(a) (with s. 50(8)-(13)); S.I. 2008/1900, arts. 1(1), 2(o) (with art. 3, Sch.)

[^c21155751]: S. 42(3)(c) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 48, 56(1), Sch. 6 para. 10(3)(b) (with s. 50(8)-(13)); S.I. 2008/1900, arts. 1(1), 2(o) (with art. 3, Sch.)

[^c21155911]: S. 43 title substituted (3.11.2008) by virtue of Mental Health Act 2007 (c. 12), ss. 48, 56(1), Sch. 6 para. 12 (with s. 50(8)-(13)); S.I. 2008/1900, arts. 1(1), 2(o) (with art. 3, Sch.)

[^c21155981]: Words in s. 43(1) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 48, 56(1), Sch. 6 para. 12 (with s. 50(8)-(13)); S.I. 2008/1900, arts. 1(1), 2(o) (with art. 3, Sch.)

[^c21087761]: Words in s. 43(2)(a) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(11)(a)(i)

[^c21087801]: Words in s. 43(2) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(11)(a)(ii)

[^c21087841]: Words in s. 43(4) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(11)(b)

[^c21157011]: Words in s. 43(5) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), arts. 1(1), 9(1), Sch. 3 para. 211

[^c21087861]: Words in s. 43(5) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(11)(c)

[^c21087881]: Words in s. 43(6) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(11)(d)(i)

[^c21087921]: Words in s. 43(6)(b)(ii) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(11)(d)(ii)

[^c21087941]: Words in s. 43(7) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 20(11)(e)