Paragraph 21 Transfer directionsI1

Section 44A (information where restriction direction not given) is amended as follows.

For subsection (2) substitute—

“(2)

The responsible clinician must provide the managers of the relevant hospital with information the responsible clinician has about—

(a)

the making of an order for discharge in respect of the patient under section 23(2) of the Mental Health Act 1983;

(b)

the making of a community treatment order in respect of the patient;

(c)

any conditions in connection with a community treatment order in respect of the patient;

(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 offender 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;

(g)

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;

(h)

details of any conditions in connection with the grant to the patient of such leave.”

For subsection (7) substitute—

“(7)

The managers of the relevant hospital must take all reasonable steps—

(a)

so far as the managers consider it appropriate to do so, to provide that person or the provider of probation services with—

(i)

information about the discharge, or consideration for discharge, of the patient under section 23 or 72 of the Mental Health Act 1983;

(ii)

information about the making of a community treatment order in respect of the patient;

(iii)

details of any conditions specified in a community treatment order in respect of the patient which the managers consider relate to the victim or the victim’s family;

(b)

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, so far as the managers consider it appropriate to do so, to provide that person or the provider with details of any variation which the managers consider relates to the victim or the victim’s family;

(c)

if a community treatment order in respect of the patient is to cease to be in force, so far as the managers consider it appropriate to do so, to inform that person or the provider of the date on which it is to cease to be in force;

(d)

if, following the examination of the offender under section 20 of the Mental Health Act 1983, the authority for the patient’s detention is not to be renewed, so far as the managers consider it appropriate to do so, to inform that person or the provider of the date on which the authority is to expire;

(e)

so far as the managers consider it appropriate to do so, to provide that person or the provider 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 managers consider relate to the victim or the victim’s family;

(f)

to provide that person or the provider with such other information as the managers consider appropriate in all the circumstances of the case.”

After subsection (7) insert—

“(7A)

If the provider of probation services is provided with information under subsection (7), it must provide the information to the person who made the request.”