OpenLegislation

Paragraph 3 Imprisonment or detentionI1

United Kingdom Not yet in force

(1)

Section 35 (victims’ rights to make representations and receive information) is amended as follows.

(2)

For subsection (1) substitute—

“(1)

This section applies if—

(a)

a court convicts a person of an offence listed in Part 1 of Schedule 6A and a life sentence or a sentence of imprisonment or detention for a term of at least the specified sentence length is imposed on the person in respect of the offence, or

(b)

a court convicts a person of an offence listed in Part 2 of Schedule 6A and a sentence of imprisonment or detention is imposed on the person in respect of the offence.”

(3)

In subsection (3), in the words before paragraph (a)—

(a)

for “local probation board for the area in which the sentence is imposed, or the provider of probation services operating in the local justice area in which the sentence is imposed,” substitute “provider of probation services”;

(b)

for “the board” substitute “the provider”.

(5)

For subsection (5) substitute—

“(5)

The information is—

(a)

information about the release, or consideration for release, of the offender;

(b)

information about any licence conditions or supervision requirements in connection with the offender’s release.”

(6)

In subsection (6)—

(a)

for “local probation board or provider of probation services mentioned in that subsection or the relevant probation body” substitute “provider of probation services”;

(b)

for “relevant probation body must” substitute “provider of probation services must”.

(7)

For subsection (7) substitute—

“(7)

If the provider of probation services has ascertained under subsection (3) that a person wishes to receive the information specified in subsection (5), the provider of probation services must take all reasonable steps—

(a)

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

(i)

information about the release, or consideration for release, of the offender;

(ii)

information about the imposition of licence conditions or supervision requirements in connection with the offender’s release;

(iii)

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

(b)

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

Annotations

Commencement

I1

Sch. 2 para. 3 not in force at Royal Assent, see s. 18(1)