Section 44D Information where restriction order madeF1

(1)

This section applies if—

(a)

a person (“the patient”) is charged with—

(i)

an offence that is listed in Part 3 of Schedule 6A, or

(ii)

an offence where the behaviour giving rise to the charge involved domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act),

(b)

one of these applies in respect of the patient—

(i)

the patient is convicted of the offence;

(ii)

a verdict is returned that the patient is not guilty of the offence by reason of insanity;

(iii)

a finding is made under section 4 of the Criminal Procedure (Insanity) Act 1964 that the patient is under a disability, and under section 4A of that Act that the patient did the act or made the omission charged against the patient as the offence,

(c)

a hospital order is made with a restriction order in respect of the patient by a court dealing with the patient for the offence,

(d)

the provider of probation services receives a request for information to be provided in accordance with this section, and

(e)

the person who made the request appears to the provider of probation services to be the victim of the offence or to act for the victim of the offence.

(2)

The provider of probation services must take all reasonable steps to ascertain whether the hospital order and the restriction order made in respect of the patient continue in force.

(3)

If the hospital order and the restriction order continue in force, the provider of probation services must take all reasonable steps—

(a)

so far as the provider considers it appropriate to do so, to provide the person who made the request with—

(i)

information about the discharge, or consideration for discharge, of the patient;

(ii)

information about the imposition of conditions in connection with the patient’s discharge;

(iii)

details of any such conditions which the provider considers relate to the victim or the victim’s family;

(b)

if the restriction order in respect of the patient is to cease to have effect, so far as the provider considers it appropriate to do so, to notify that person of the date on which it is to cease to have effect;

(c)

so far as the provider considers it appropriate to do so, to provide the person with—

(i)

information about the grant to the patient of leave to be absent from hospital under section 17 of the Mental Health Act 1983, or the consideration of the patient for such leave;

(ii)

information about the imposition of conditions in connection with the grant to the patient of such leave;

(iii)

details of any such conditions which the provider considers relate to the victim or the victim’s family;

(d)

to provide that person with such other information as the provider considers appropriate in all the circumstances of the case.

(4)

The Secretary of State must give the provider of probation services such information as the Secretary of State considers appropriate for the purpose of enabling the provider to carry out its functions under subsection (3).

(5)

But the Secretary of State is not required by subsection (4) to give the provider of probation services information that the tribunal is required to give the provider under subsection (7).

(6)

Subsection (7) applies if—

(a)

an application is made to the First-tier Tribunal or the Mental Health Review Tribunal for Wales 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 First-tier Tribunal or the Mental Health Review Tribunal for Wales under section 71 or 75 of that Act (applications and references concerning restricted patients).

(7)

The tribunal must inform the provider of probation services—

(a)

whether the patient is to be discharged;

(b)

if so, whether the patient is to be discharged absolutely or subject to conditions;

(c)

if the patient is to be discharged subject to conditions, what the conditions are to be;

(d)

if the patient has been discharged subject to conditions, of any variation of the conditions by the tribunal;

(e)

if the restriction order is to cease to have effect by virtue of action to be taken by the tribunal, of the date on which the restriction order is to cease to have effect.

Annotations

Textual amendments

F1: Pt. 3A Ch. 2 inserted (13.8.2026 for specified purposes) by Victims and Courts Act 2026 (c. 19), s. 18(1), Sch. 2 para. 24; S.I. 2026/918, reg. 2(b)(iii)

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)