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Section 37 Representations where restriction order madeF12

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This section applies F1if, in a case where section 36 applies, the hospital order in respect of the patient was made with a restriction order.

(2)

If—

(a)

a person makes representations about a matter specified in section 36(5) to the local probation board F2or provider of probation services mentioned in section 36(4) or the F3relevant probation body, and

(b)

it appears to the relevant probation body that the person is the victim of the offence or acts for the victim of the offence,

the relevant probation body must forward the representations to the persons responsible for determining the matter.

(3)

The duty in subsection (2) applies only while the restriction order made in respect of the patient is in force.

(4)

The Secretary of State must inform the F4relevant probation body if he is considering—

(a)

whether to give a direction in respect of the patient under section 42(1) of the Mental Health Act 1983 (c. 20) (directions lifting restrictions),

(b)

whether to discharge the patient under section 42(2) of that Act, either absolutely or subject to conditions, or

(c)

if the patient has been discharged subject to conditions, whether to vary the conditions.

(5)

F5The First-tier Tribunal or the Mental Health Review Tribunal for Wales must inform the F6relevant probation body if—

(a)

an application is made to the tribunal by the patient under section 69, 70 or 75 of the Mental Health Act 1983 (applications concerning restricted patients), or

(b)

the Secretary of State refers the patient’s case to the tribunal under section 71 of that Act (references concerning restricted patients).

(6)

Subsection (7) applies if—

(a)

the F7relevant probation body receives information under subsection (4) or (5), and

(b)

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—

(i)

when his wishes were ascertained under section 36(4), expressed a wish to make representations about a matter specified in section 36(5), or

(ii)

has made representations about such a matter to the relevant probation body or the local probation board F8or provider of probation services mentioned in section 36(4).

(7)

The F9relevant probation body must provide the information to the person.

F10(8)

In this section, “the relevant probation body” is—

(a)

in a case where the patient is to be discharged subject to a condition that he reside in a particular area, which is or is part of the area of a local probation board, that local probation board;

(b)

in a case where the patient is to be discharged subject to a condition that he reside in a particular area other than one mentioned in paragraph (a), the provider of probation services operating in that area that is identified as the relevant probation body by arrangements under section 3 of the Offender Management Act 2007;

(c)

in any other case—

(i)

if the hospital in which the patient is detained is situated in the area of a local probation board, F11that local probation board; and

(ii)

if that hospital is not so situated, the provider of probation services operating in the local justice area in which the hospital in which the patient is detained is situated that is identified as the relevant probation body by arrangements under section 3 of the Offender Management Act 2007.

Annotations

Textual amendments

F1

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.)

F2

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)

F3

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)

F4

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)

F5

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

F6

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)

F7

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)

F8

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)

F9

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)

F10

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)

F11

Words in s. 37(8)(c)(i) substituted (25.6.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 21(2), 81(2) (with s. 32); S.I. 2025/731, reg. 2(a)

F12

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.)

Notes on Part 3A

Textual amendments

F1

Pt. 3A heading inserted (13.8.2026) by virtue of Victims and Courts Act 2026 (c. 19), s. 18(1), Sch. 2 para. 2(1); S.I. 2026/918, reg. 2(b)(ii)

F2

Pt. 3A heading inserted (13.8.2026) by Victims and Courts Act 2026 (c. 19), s. 18(1), Sch. 2 para. 2(2); S.I. 2026/918, reg. 2(b)(ii)

Notes on Chapter 1

Textual amendments

F1

Pt. 3 Ch. 2 renumbered as Pt. 3A Ch. 1 (13.8.2026) by Victims and Courts Act 2026 (c. 19), s. 18(1), Sch. 2 para. 2(1); S.I. 2026/918, reg. 2(b)(ii)