Section 45 Interpretation: sections 35 to 44BF18

England and Wales

(1)

In ~~F1sections 35 to~~ ~~F244B~~ this Part—

F3“community treatment order” has the meaning given in section 17A of the Mental Health Act 1983;
“court” does not include F4the 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;
F5“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;
~~F6“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 (c. 43);~~
F7“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—~~
1. (a)
  ~~a sentence of imprisonment for a term of 12 months or more;~~
2. (b)
  ~~a sentence of detention during Her Majesty’s pleasure;~~
3. (c)
  ~~a sentence of detention for a period of 12 months or more under~~ ~~F8section 250~~ ~~F9or 252A~~ ~~of the Sentencing Code~~ ~~(offenders under 18 convicted of certain serious offences);~~
4. (d)
  ~~a detention and training order for a term of 12 months or more;~~
F10“responsible clinician” means the responsible clinician for the purposes of Part 3 of the Mental Health Act 1983;
F11“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 F12section 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).

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 F1444B, an offence is a sexualF15, violent or terrorism offence if it is any of these—

(a)

murder or an offence specified in F16Schedule 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.

F17(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.