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Mental Health Act 2007: Guidance on the Extension of Victims' Rights Under the Domestic Violence, Crime and Victims Act 2004

NCJ Number
225153
Date Published
2008
Length
27 pages
Annotation
This electronic-only guidance explains amendments made to a section of the Mental Health Act in England pertaining to victim’s rights.
Abstract
This guidance explains the new duties in respect of victims’ rights which fall on the managers of the National Health Service (NHS) and independent hospitals, other NHS bodies, responsible clinicians, and approved mental health professionals under Chapter 2 of Part 3 of the Domestic Violence, Crime and Victims Act as a result of changes made to that Act by section 48 and Schedule 6 of the Mental Health Act 2007. Under the Domestic Violence, Crime and Victims Act of 2004, victims of certain sexual and violent offenders have certain rights to receive information over the course of the offender’s sentence and to make representations about any conditions to which the offender should be subject on release. To enable victims to exercise those rights, there will be new statutory duties on providers of probation services to identify eligible victims and, with their consent, to pass on their details to hospital managers; to hospital managers to give information to victims and to pass on any representations they make; and to responsible clinicians to inform hospital managers if they are considering discharging relevant unrestricted patients and if they make certain decisions relating to those patients. Appendix