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Section 39 Victims' rights: preliminary

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 if—

(a)

a person (“the offender”) is convicted of a sexual F1, violent or terrorism offence,

(b)

a relevant sentence is imposed on him in respect of the offence, and

(c)

a hospital direction and a limitation direction are given in relation to him by a court dealing with him for the offence.

(2)

The local probation board for the area in which the hospital direction is given F2, or the provider of probation services operating in the local justice area in which the hospital direction is given, must take all reasonable steps to ascertain whether a person who appears to the board to be the victim of the offence or to act for the victim of the offence wishes—

(a)

to make representations about the matters specified in subsection (3);

(b)

to receive the information specified in subsection (4).

F3(2A)

The provider of probation services mentioned in subsection (2) is the provider of probation services identified as such by arrangements under section 3 of the Offender Management Act 2007.

(3)

The matters are—

(a)

whether the offender should, in the event of his discharge from hospital F4while he is subject to a limitation direction, be subject to any conditions and, if so, what conditions;

F5(aa)

what conditions he should be subject to in the event of his discharge from hospital under a community treatment order;

(b)

whether the offender should, in the event of his release from hospital, be subject to any licence conditions or supervision requirements and, if so, what licence conditions or supervision requirements;

(c)

if the offender is transferred to a prison or other institution in which he might have been detained if he had not been removed to hospital, whether he should, in the event of his release from prison or another such institution, be subject to any licence conditions or supervision requirements and, if so, what licence conditions or supervision requirements.

(4)

The information is—

(a)

information about any conditions to which the offender is to be subject in the event of his discharge;

(b)

information about any licence conditions or supervision requirements to which the offender is to be subject in the event of his release.

Annotations

Textual amendments

F1

Words in s. 39(1)(a) substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 10(c) (with s. 25(3)(4))

F2

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)

F3

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)

F4

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.)

F5

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.)

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)