Victims and Courts Act 2026

“Chapter 2Information: victims’ rights

Imprisonment or detention

44CVictims’ rights to receive information

(1)

This section applies if—

(a)

one of these applies in respect of a person—

(i)

the person is convicted of an offence listed in Part 1 of Schedule 6A and a sentence of imprisonment or detention for a term of less than the specified sentence length is imposed on the offender in respect of the offence,

(ii)

the person is convicted of an offence listed in Part 3 of Schedule 6A and a sentence of imprisonment or detention is imposed on the offender in respect of the offence, or

(iii)

the person is convicted of an offence where the behaviour giving rise to the offence involved domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act) and a sentence of imprisonment or detention is imposed on the offender in respect of the offence,

(b)

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

(c)

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)

But section 44H applies (instead of this section) if a hospital direction and a limitation direction are given in relation to the offender.

(3)

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 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;

(b)

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

Hospital orders

44DInformation where restriction order made

(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.

44EVictim impact statements where restriction order made

(1)

This section applies where—

(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)

either—

(i)

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

(ii)

the Secretary of State refers the patient’s case to the tribunal under section 71 or 75 of that Act (references concerning restricted patients), and

(e)

the provider of probation services considers it appropriate to give a person who appears to the provider to be the victim of the offence the opportunity to provide a victim impact statement under this section.

(2)

The provider of probation services—

(a)

must take all reasonable steps to ascertain whether the person wishes to provide a victim impact statement to the provider, and

(b)

if the person provides such a statement, must forward it to the tribunal.

(3)

Where a victim impact statement has been forwarded to the tribunal under subsection (2), the tribunal must—

(a)

allow the person who made the statement to request permission to read the statement to the tribunal at a relevant hearing, and

(b)

grant such permission unless the tribunal considers that there are good reasons not to.

(4)

The tribunal may have regard to the statement when determining any of the following matters (but must not have regard to it for any other purpose)—

(a)

whether the patient should be subject to any conditions in the event of the patient’s discharge from hospital while a restriction order is in force in respect of the patient;

(b)

if so, what conditions;

(c)

what conditions the patient should be subject to in the event of the patient’s discharge from hospital under a community treatment order.

(5)

In this section—

“relevant hearing” means any hearing held by the tribunal before making a decision which disposes of proceedings on the application or reference mentioned in subsection (1)(d);

“victim impact statement” means a statement about the way in which, and the degree to which, the offence has affected and (as the case may be) continues to affect the victim or any other person.

44FInformation where restriction order not made

(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 without 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—

(a)

whether the hospital order made in respect of the patient continues in force, and

(b)

if so, whether a community treatment order is in force in respect of the patient.

(3)

If the hospital order made in respect of the patient continues in force—

(a)

the provider of probation services must take all reasonable steps to notify the managers of the relevant hospital of the request and of the name and address of the person who made it, and

(b)

the provider may notify that person of the name and address of the relevant hospital.

(4)

If notified under subsection (3)(a), 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 the person who made the request 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 made 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 patient 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.

(5)

If the provider of probation services is provided with information under subsection (4), it must, so far as it considers it appropriate to do so, provide the information to the person who made the request.

(6)

The responsible clinician must provide the managers of the relevant hospital with any information which the responsible clinician has and which is requested by the managers for the purpose of carrying out their functions under subsection (4).

(7)

Subsection (8) applies if—

(a)

an application is made to the First-tier Tribunal or the Mental Health Review Tribunal for Wales under section 66 or 69 of the Mental Health Act 1983,

(b)

the patient’s case is referred to the First-tier Tribunal or the Mental Health Review Tribunal for Wales under section 67 of that Act, or

(c)

the managers of the relevant hospital refer the patient’s case to the First-tier Tribunal or the Mental Health Review Tribunal for Wales under section 68 of that Act.

(8)

The tribunal must inform the managers of the relevant hospital if it directs that the patient is to be discharged.

(9)

In this section “the relevant hospital” is—

(a)

the hospital in which the patient is detained, or

(b)

if a community treatment order is in force in respect of the patient, the responsible hospital.

44GRemoval of restriction

(1)

This section applies if—

(a)

the provider of probation services is required to provide information to a person in accordance with section 44D, and

(b)

the restriction order mentioned in section 44D(1)(c) has ceased to have effect (whether before or after the request for the information was made) while the hospital order continues in force.

(2)

The provider of probation services must take all reasonable steps to notify the managers of the relevant hospital of an address at which the person who made the request for the information may be contacted.

(3)

The provider of probation services may notify the person who made the request of the name and address of the relevant hospital.

(4)

While the hospital order continues in force—

(a)

the patient in respect of whom the hospital order was made with the restriction order is to be regarded as a patient in respect of whom a hospital order was made without a restriction order; and section 44F applies in relation to the patient accordingly, and

(b)

the request for information under section 44D is to be treated as a request for information to be provided in accordance with section 44F.

(5)

In this section “the relevant hospital” has the meaning given by section 44F(9).

Hospital directions

44HInformation

(1)

This section applies if—

(a)

one of these applies in respect of a person—

(i)

the person is convicted of an offence that is listed in Part 1 of Schedule 6A and a sentence of imprisonment or detention for a term of less than the specified sentence length is imposed on the person in respect of the offence,

(ii)

the person is convicted of an offence that is listed in Part 3 of Schedule 6A and a sentence of imprisonment or detention is imposed on the person in respect of the offence, or

(iii)

the person is convicted of an offence where the behaviour giving rise to the offence involved domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act) and a sentence of imprisonment or detention is imposed on the person in respect of the offence,

(b)

a hospital direction and a limitation direction are given in relation to the offender by a court dealing with the offender for the offence,

(c)

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

(d)

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 direction and the limitation direction given in respect of the offender continue in force.

(3)

If the hospital direction and the limitation direction 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 offender;

(ii)

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

(iii)

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

(b)

if the limitation direction in respect of the offender 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 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;

(d)

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

(i)

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

(ii)

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

(iii)

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

(e)

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 offender under section 69, 70 or 75 of the Mental Health Act 1983 (applications concerning restricted patients), or

(b)

the Secretary of State refers the offender’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 offender is to be discharged;

(b)

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

(c)

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

(d)

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

(e)

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

44IRemoval of restriction

(1)

This section applies if—

(a)

the provider of probation services is required to provide information to a person in accordance with section 44H,

(b)

the limitation direction mentioned in section 44H(1)(b) has ceased to have effect (whether before or after the request for the information was made), and

(c)

the offender in respect of whom the request for the information was made is treated for the purposes of the Mental Health Act 1983 as a patient in respect of whom a hospital order has effect.

(2)

The provider of probation services must take all reasonable steps to notify the managers of the relevant hospital of an address at which the person who made the request for the information may be contacted.

(3)

The provider of probation services may notify the person who made the request of the name and address of the relevant hospital.

(4)

The offender is to be regarded as a patient in respect of whom a hospital order was made without a restriction order; and section 44F applies in relation to the offender accordingly.

(5)

The request for information under section 44H is to be treated as a request for information to be provided in accordance with section 44F.

(6)

In this section “the relevant hospital” means the hospital in which the offender is detained.

Transfer directions

44JInformation where restriction direction given

(1)

This section applies if—

(a)

one of these applies in respect of a person—

(i)

the person is convicted of an offence listed in Part 1 of Schedule 6A and a sentence of imprisonment or detention for a term of less than the specified sentence length is imposed on the offender in respect of the offence,

(ii)

the person is convicted of an offence listed in Part 3 of Schedule 6A and a sentence of imprisonment or detention is imposed on the offender in respect of the offence, or

(iii)

the person is convicted of an offence where the behaviour giving rise to the offence involved domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act) and a sentence of imprisonment or detention is imposed on the person in respect of the offence,

(b)

while the person is serving the sentence, the Secretary of State gives a transfer direction with a restriction direction in respect of the person,

(c)

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

(d)

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 transfer direction and the restriction direction continue in force.

(3)

If the transfer direction and the restriction direction 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 direction 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 that person with—

(i)

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

(ii)

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

(iii)

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

(d)

so far as the provider of probation services considers it appropriate to do so, to provide that 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;

(e)

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.

44KInformation where restriction direction not given

(1)

This section applies if—

(a)

one of these applies in respect of a person—

(i)

the person is convicted of an offence listed in Part 1 of Schedule 6A and a sentence of imprisonment or detention for a term of less than 12 months is imposed on the offender in respect of the offence,

(ii)

the person is convicted of an offence listed in Part 3 of Schedule 6A and a sentence of imprisonment or detention is imposed on the offender in respect of the offence, or

(iii)

the person is convicted of an offence where the behaviour giving rise to the offence involved domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act) and a sentence of imprisonment or detention is imposed on the person in respect of the offence,

(b)

while the person is serving the sentence, the Secretary of State gives a transfer direction without a restriction direction in respect of the person,

(c)

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

(d)

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—

(a)

whether the transfer direction given in respect of the patient continues in force, and

(b)

if so, whether a community treatment order is in force in respect of the patient.

(3)

If the transfer direction given in respect of the patient continues in force—

(a)

the provider of probation services must take all reasonable steps to notify the managers of the relevant hospital of the request and of the name and address of the person who made it, and

(b)

the provider of probation services may notify the person of the name and address of the relevant hospital.

(4)

If notified under subsection (3)(a), 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 the person who made the request 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 made 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 offender 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 of the relevant hospital consider appropriate in all the circumstances of the case.

(5)

If the provider of probation services is provided with information under subsection (4), it must provide the information to the person who made the request.

(6)

The responsible clinician must provide the mangers of the relevant hospital with any information which the responsible clinician has and which is requested by the managers for the purpose of carrying out their functions under subsection (4).

(7)

Subsection (8) applies if—

(a)

an application is made to the First-tier Tribunal or the Mental Health Review Tribunal for Wales under section 66 or 69 of the Mental Health Act 1983,

(b)

the patient’s case is referred to the First-tier Tribunal or the Mental Health Review Tribunal for Wales under section 67 of that Act, or

(c)

the managers of the relevant hospital refer the patient’s case to the First-tier Tribunal or the Mental Health Review Tribunal for Wales under section 68 of that Act.

(8)

The tribunal must inform the managers of the relevant hospital if it directs that the patient be discharged.

(9)

In this section “the relevant hospital” means—

(a)

the hospital in which the patient is detained, or

(b)

if a community treatment order is in force in respect of the patient, the responsible hospital.

44LRemoval of restriction

(1)

This section applies if—

(a)

the provider of probation services is required to provide information to a person in accordance with section 44J, and

(b)

the restriction direction mentioned in section 44J(1)(b) has ceased to have effect (whether before or after the request for the information was made) while the transfer direction continues in force.

(2)

The provider of probation services must take all reasonable steps to notify the managers of the relevant hospital of an address at which the person who made the request for the information may be contacted.

(3)

The provider of probation services may notify that person of the name and address of the hospital.

(4)

While the transfer direction continues in force—

(a)

the patient in respect of whom the transfer direction was made with the restriction direction is to be regarded as a patient in respect of whom a transfer direction was made without a restriction direction; and section 44K applies in relation to the offender accordingly, and

(b)

the request for information under section 44J is to be treated as a request for information to be provided in accordance with section 44K.

(5)

In this section “the relevant hospital” has the meaning given by section 44K(9).”

“Chapter 3Information: powers etc

44MPower to disclose information to victims

(1)

This section applies if—

(a)

one of the conditions specified in the table is met in relation to a person (“the offender”),

(b)

the provider of probation services receives a request for information to be provided in accordance with this section from a person who appears to the provider to be the victim of the offence in respect of which the condition is met or of similar criminal conduct carried out by the offender, or to act for such a victim, and

(c)

the provider of probation services considers that the victim would be at risk of physical or psychological harm if the information is not provided in accordance with this section.

Condition	Specified provision
the person is serving a sentence of imprisonment or detention in England and Wales in respect of an offence	section 44C
a hospital order is made with a restriction order in relation to the person by a court dealing with the person for an offence	section 44D
a hospital order is made without a restriction order in relation to the person by a court dealing with the person for an offence	section 44F
a hospital direction and a limitation direction are given in relation to the person by a court dealing with the person for an offence	section 44H
the Secretary of State gives a transfer direction with a restriction direction in respect of the person while the person is serving a sentence of imprisonment or detention in England and Wales in respect of an offence	section 44J
the Secretary of State gives a transfer direction without a restriction direction in respect of the person while the person is serving a sentence of imprisonment or detention in England and Wales in respect of an offence	section 44K

(2)

The provider of probation services may provide the person who made the request with any information that would be required or permitted to be provided to that person (by the provider or otherwise) under Chapter 2 of this Part if the request were made under the provision specified in the relevant entry in column 2 of the table.

(3)

Where—

(a)

a person would be required or permitted to provide information to the provider of probation services or to the managers of a hospital under Chapter 2 of this Part if the request mentioned in subsection (1)(b) were made under the provision specified in the relevant entry in column 2 of the table, and

(b)

the provider of probation services or hospital managers request the information from that person,

that person must take all reasonable steps to provide the information to the provider or hospital managers.

(4)

In this section—

(a)

“offence” includes an offence under the law of any place outside England and Wales;

(b)

“similar criminal conduct”, in relation to an offence, means conduct that—

(i)

the provider of probation services considers to be similar to the conduct constituting the offence, and

(ii)

itself constitutes an offence;

(c)

“victim” includes a person who is a victim within the meaning of section 1 of the Victims and Prisoners Act 2024 by virtue of subsection (2)(a) of that section.

44NVictim impact statements where hospital order made with restriction order

(1)

This section applies where—

(a)

one of these applies in respect of a person (“the patient”) charged with an offence—

(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,

(b)

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

(c)

the provider of probation services provides information in accordance with section 44M about the patient to a person who appears to the provider to be the victim of the offence, or to act for the victim of the offence,

(d)

either—

(i)

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

(ii)

the Secretary of State refers the patient’s case to the tribunal under section 71 or 75 of that Act (references concerning restricted patients), and

(e)

the provider of probation services considers it appropriate to give the person who appears to the provider to be the victim of the offence the opportunity to provide a victim impact statement under this section.

(2)

The provider of probation services—

(a)

must take all reasonable steps to ascertain whether the person who appears to the provider to be the victim of the offence wishes to provide a victim impact statement to the provider, and

(b)

if the person provides such a statement, must forward it to the tribunal.

(3)

Where a victim impact statement has been forwarded to the tribunal under subsection (2), the tribunal must—

(a)

allow the person who made the statement to request permission to read the statement to the tribunal at a relevant hearing, and

(b)

grant such permission unless the tribunal considers that there are good reasons not to.

(4)

The tribunal may have regard to the statement when determining any of the following matters (but must not have regard to it for any other purpose)—

(a)

whether the patient should be subject to any conditions in the event of the patient’s discharge from hospital while a restriction order is in force in respect of the patient;

(b)

if so, what conditions;

(c)

what conditions the patient should be subject to in the event of the patient’s discharge from hospital under a community treatment order.

(5)

In this section—

“relevant hearing” means any hearing held by the tribunal before making a decision which disposes of proceedings on the application or reference mentioned in subsection (1)(d);

“victim” includes a person who is a victim within the meaning of section 1 of the Victims and Prisoners Act 2024 by virtue of subsection (2)(a) of that section;

“victim impact statement” means a statement about the way in which, and the degree to which, the offence has affected and (as the case may be) continues to affect the victim or any other person.

44OSaving for other powers of provider of probation services

Nothing in this Part limits any power that the provider of probation services has otherwise than under this Part.”

“Schedule 6ARepresentations and information: offences

Section 35

Part 1Offences in respect of which certain custodial sentence imposed

Common law offences

1

Murder.

2

Manslaughter.

3

Kidnapping.

4

False imprisonment.

Offences against the Person Act 1861

5

An offence under any of the following provisions of the Offences against the Person Act 1861—

(a)

section 4 (soliciting murder);

(b)

section 16 (threats to kill);

(c)

section 18 (wounding with intent to cause grievous bodily harm);

(d)

section 20 (malicious wounding);

(e)

section 21 (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence);

(f)

section 22 (using chloroform etc to commit or assist in the committing of any indictable offence);

(g)

section 23 (maliciously administering poison etc so as to endanger life or inflict grievous bodily harm);

(h)

section 27 (abandoning children);

(i)

section 28 (causing bodily injury by explosives);

(j)

section 29 (using explosives etc with intent to do grievous bodily harm);

(k)

section 30 (placing explosives with intent to do bodily injury);

(l)

section 31 (setting spring guns etc with intent to do grievous bodily harm);

(m)

section 32 (endangering the safety of railway passengers);

(n)

section 35 (injuring persons by furious driving);

(o)

section 37 (assaulting officer preserving wreck);

(p)

section 38 (assault with intent to resist arrest);

(q)

section 47 (assault occasioning actual bodily harm).

Explosive Substances Act 1883

6

An offence under any of the following provisions of the Explosive Substances Act 1883—

(a)

section 2 (causing explosion likely to endanger life or property);

(b)

section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property);

(c)

section 5 (punishment of accessories to offences of causing or attempting to cause explosions or making or possessing explosives).

Infant Life (Preservation) Act 1929

7

An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).

Children and Young Persons Act 1933

8

An offence under section 1 of the Children and Young Persons Act 1933 (cruelty to children).

Infanticide Act 1938

9

An offence under section 1 of the Infanticide Act 1938 (infanticide).

Sexual Offences Act 1956

10

An offence under any of the following provisions of the Sexual Offences Act 1956—

(a)

section 1 (rape);

(b)

section 2 (procurement of woman by threats);

(c)

section 3 (procurement of woman by false pretences);

(d)

section 4 (administering drugs to obtain or facilitate intercourse);

(e)

section 5 (intercourse with girl under 13);

(f)

section 6 (intercourse with girl under 16);

(g)

section 7 (intercourse with a defective);

(h)

section 9 (procurement of a defective);

(i)

section 10 or 11 (incest);

(j)

section 14 (indecent assault on a woman);

(k)

section 15 (indecent assault on a man);

(l)

section 16 (assault with intent to commit buggery);

(m)

section 17 (abduction of woman by force or for the sake of her property);

(n)

section 19 (abduction of unmarried girl under 18 from parent or guardian);

(o)

section 20 (abduction of unmarried girl under 16 from parent or guardian);

(p)

section 21 (abduction of defective from parent or guardian);

(q)

section 22 (causing prostitution of women);

(r)

section 23 (procuration of girl under 21);

(s)

section 24 (detention of woman in brothel);

(t)

section 25 (permitting girl under 13 to use premises for intercourse;

(u)

section 26 (permitting girl under 16 to use premises for intercourse);

(v)

section 27 (permitting defective to use premises for intercourse);

(w)

section 28 (causing or encouraging prostitution of, intercourse with, or indecent assault on, girl under 16);

(x)

section 29 (causing or encouraging prostitution of defective);

(y)

section 32 (soliciting by men);

(z)

section 33A (keeping a brothel used for prostitution).

Mental Health Act 1959

11

An offence under section 128 of the Mental Health Act 1959 (sexual intercourse with patients).

Indecency with Children Act 1960

12

An offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards young child).

Sexual Offences Act 1967

13

An offence under either of the following provisions of the Sexual Offences Act 1967—

(a)

section 4 (procuring others to commit homosexual acts);

(b)

section 5 (living on earnings of male prostitution).

Firearms Act 1968

14

An offence under any of the following provisions of the Firearms Act 1968—

(a)

section 16 (possession of firearm with intent to endanger life);

(b)

section 16A (possession of firearm with intent to cause fear of violence);

(c)

section 17(1) (use of firearm to resist arrest);

(d)

section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act);

(e)

section 18 (carrying a firearm with criminal intent).

Theft Act 1968

15

An offence under any of the following provisions of the Theft Act 1968—

(a)

section 8 (robbery or assault with intent to rob);

(b)

section 9(1)(a) (burglary with intent to commit certain other offences);

(c)

section 10 (aggravated burglary);

(d)

section 12A (aggravated vehicle-taking), where the offence involves an accident which caused the death of any person.

Misuse of Drugs Act 1971

16

An offence under section 4(3) of the Misuse of Drugs Act 1971 (supply etc of controlled drugs).

Criminal Damage Act 1971

17

(1)

An offence of arson under section 1 of the Criminal Damage Act 1971.

(2)

An offence under section 1(2) of that Act (destroying or damaging property) other than an offence of arson.

Criminal Law Act 1977

18

An offence under section 54 of the Criminal Law Act 1977 (inciting girl under 16 to have incestuous sexual intercourse).

Protection of Children Act 1978

19

An offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children).

Taking of Hostages Act 1982

20

An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).

Aviation Security Act 1982

21

An offence under any of the following provisions of the Aviation Security Act 1982—

(a)

section 1 (hijacking);

(b)

section 2 (destroying, damaging or endangering safety of aircraft);

(c)

section 3 (other acts endangering or likely to endanger safety of aircraft);

(d)

section 4 (offences in relation to certain dangerous articles).

(e)

section 6(2) (inducing or assisting the commission of offences relating to safety of aircraft).

Nuclear Material (Offences) Act 1983

22

An offence under section 2 of the Nuclear Material (Offences) Act 1983 (preparatory acts and threats).

Mental Health Act 1983

23

An offence under section 127 of the Mental Health Act 1983 (ill-treatment of patients).

Child Abduction Act 1984

24

An offence under section 1 of the Child Abduction Act 1984 (offence of abduction of child by parent etc).

Prohibition of Female Circumcision Act 1985

25

An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (prohibition of female circumcision).

Public Order Act 1986

26

An offence under any of the following provisions of the Public Order Act 1986—

(a)

section 1 (riot);

(b)

section 2 (violent disorder);

(c)

section 3 (affray).

Criminal Justice Act 1988

27

An offence under any of the following provisions of the Criminal Justice Act 1988—

(a)

section 134 (torture);

(b)

section 160 (possession of indecent photograph of a child).

Road Traffic Act 1988

28

An offence under any of the following provisions of the Road Traffic Act 1988—

(a)

section 1 (causing death by dangerous driving);

(b)

section 1A (causing serious injury by dangerous driving);

(c)

section 2B (causing death by careless or inconsiderate driving);

(d)

section 3ZC (causing death by driving: disqualified drivers);

(e)

section 3A (causing death by careless driving when under influence of drink or drugs).

Aviation and Maritime Security Act 1990

29

An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—

(a)

section 1 (endangering safety at aerodromes);

(b)

section 9 (hijacking of ships);

(c)

section 13 (offences involving threats).

Chemical Weapons Act 1996

30

An offence under section 2 of the Chemical Weapons Act 1996 (use etc of chemical weapons).

Crime and Disorder Act 1998

31

(1)

An offence under section 29 of the Crime and Disorder Act 1998 (racially or religiously aggravated assaults).

(2)

An offence falling within section 31(1)(a) or (b) of that Act (racially or religiously aggravated offences under section 4 or 4A of the Public Order Act 1986).

Terrorism Act 2000

32

An offence under section 58A of the Terrorism Act 2000 (publishing information about members of the armed forces).

Anti-Terrorism, Crime and Security Act 2001

33

An offence under any of the following provisions of the Anti-Terrorism, Crime and Security Act 2001—

(a)

section 47 (use etc of nuclear weapons);

(b)

section 50 (assisting or inducing certain weapons-related acts overseas);

(c)

section 113 (use of noxious substance or thing to cause harm or intimidate).

Female Genital Mutilation Act 2003

34

An offence under any of the following provisions of the Female Genital Mutilation Act 2003—

(a)

section 1 (female genital mutilation);

(b)

section 2 (assisting a girl to mutilate her own genitalia);

(c)

section 3 (assisting a non-UK person to mutilate overseas a girl’s genitalia).

Sexual Offences Act 2003

35

An offence under any of the following provisions of the Sexual Offences Act 2003—

(a)

section 1 (rape);

(b)

section 2 (assault by penetration);

(c)

section 3 (sexual assault);

(d)

section 4 (causing a person to engage in sexual activity without consent);

(e)

section 5 (rape of a child under 13);

(f)

section 6 (assault of a child under 13 by penetration);

(g)

section 7 (sexual assault of a child under 13);

(h)

section 8 (causing or inciting a child under 13 to engage in sexual activity);

(i)

section 9 (sexual activity with a child);

(j)

section 10 (causing or inciting a child to engage in sexual activity);

(k)

section 11 (engaging in sexual activity in the presence of a child);

(l)

section 12 (causing a child to watch a sexual act);

(m)

section 13 (child sex offences committed by children or young persons);

(n)

section 14 (arranging or facilitating commission of a child sex offence);

(o)

section 15 (meeting a child following sexual grooming etc);

(p)

section 15A (sexual communication with a child);

(q)

section 16 (abuse of position of trust: sexual activity with a child);

(r)

section 17 (abuse of position of trust: causing or inciting a child to engage in sexual activity);

(s)

section 18 (abuse of position of trust: sexual activity in the presence of a child);

(t)

section 19 (abuse of position of trust: causing a child to watch a sexual act);

(u)

section 25 (sexual activity with a child family member);

(v)

section 26 (inciting a child family member to engage in sexual activity);

(w)

section 30 (sexual activity with a person with a mental disorder impeding choice);

(x)

section 31 (causing or inciting a person with a mental disorder impeding choice to engage in sexual activity);

(y)

section 32 (engaging in sexual activity in the presence of a person with a mental disorder impeding choice);

(z)

section 33 (causing a person with a mental disorder impeding choice to watch a sexual act);

z1

section 34 (inducement, threat or deception to procure sexual activity with a person with a mental disorder);

z2

section 35 (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception);

z3

section 36 (engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder);

z4

section 37 (causing a person with a mental disorder to watch a sexual act by inducement, threat or deception);

z5

section 38 (care workers: sexual activity with a person with a mental disorder);

z6

section 39 (care workers: causing or inciting sexual activity);

z7

section 40 (care workers: sexual activity in the presence of a person with a mental disorder);

z8

section 41 (care workers: causing a person with a mental disorder to watch a sexual act);

z9

section 47 (paying for sexual services of a child);

z10

section 48 (causing or inciting sexual exploitation of a child);

z11

section 49 (controlling a child in relation to sexual exploitation);

z12

section 50 (arranging or facilitating sexual exploitation of a child);

z13

section 52 (causing or inciting prostitution for gain);

z14

section 53 (controlling prostitution for gain);

z15

section 57 (trafficking into the UK for sexual exploitation);

z16

section 58 (trafficking within the UK for sexual exploitation);

z17

section 59 (trafficking out of the UK for sexual exploitation);

z18

section 59A (trafficking for sexual exploitation);

z19

section 61 (administering a substance with intent);

z20

section 62 (committing an offence with intent to commit a sexual offence);

z21

section 63 (trespass with intent to commit a sexual offence);

z22

section 64 (sex with an adult relative: penetration);

z23

section 65 (sex with an adult relative: consenting to penetration);

z24

section 66 (exposure);

z25

section 66A (sending etc photograph or film of genitals);

z26

section 66AA (taking or recording intimate photograph or film);

z27

section 66AC (installing etc equipment to enable taking or recording of intimate photograph or film);

z28

section 66B(2) (sharing intimate photograph or film with intent to cause alarm, distress or humiliation);

z29

section 66B(3) (sharing intimate photograph or film for purpose of obtaining sexual gratification);

z30

section 67 (voyeurism);

z31

section 70 (sexual penetration of a corpse);

z32

section 91 (offences relating to notification).

Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

36

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation) in a case where the person in relation to whom the offence is committed is under the age of 18.

Domestic Violence, Crime and Victims Act 2004

37

An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing a child or vulnerable adult to die or suffer serious physical harm).

Terrorism Act 2006

38

An offence under any of the following provisions of the Terrorism Act 2006—

(a)

section 10 (misuse of radioactive device or material for terrorist purposes etc);

(b)

section 11 (terrorist threats relating to radioactive devices etc).

Criminal Justice and Immigration Act 2008

39

An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images).

Coroners and Justice Act 2009

40

An offence under section 62 of the Coroners and Justice Act 2009 (possession of prohibited images of children).

Serious Crime Act 2015

41

An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).

Modern Slavery Act 2015

42

An offence under any of the following provisions of the Modern Slavery Act 2015—

(a)

section 1 (slavery, servitude and forced or compulsory labour);

(b)

section 2 (human trafficking).

Crime and Policing Act 2026

43

An offence under any of the following provisions of the Crime and Policing Act 2026—

(a)

section 77 (online facilitation of child sex exploitation and abuse);

(b)

section 78 (offence under section 77 outside the United Kingdom).

Inchoate offences

44

An inchoate offence (within the meaning of section 398 of the Sentencing Code) in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.

Part 2Representations and information: other offences

Family Law Act 1996

45

An offence under section 42A of the Family Law Act 1996 (offence of breaching non-molestation order).

Protection from Harassment Act 1997

46

An offence under any of the following provisions of the Protection from Harassment Act 1997—

(a)

section 2 (offence of harassment);

(b)

section 2A (offence of stalking);

(c)

section 4 (putting people in fear of violence);

(d)

section 4A (stalking involving fear of violence or serious alarm or distress);

(e)

section 5 (restraining orders on conviction);

(f)

section 5A (restraining orders on acquittal).

Crime and Disorder Act 1998

47

An offence under section 32 of the Crime and Disorder Act 1998 (racially or religiously aggravated harassment etc).

Serious Crime Act 2015

48

An offence under section 76 of the Serious Crime Act 2015 (controlling or coercive behaviour in an intimate or family relationship).

Stalking Protection Act 2019

49

An offence under section 8 of the Stalking Protection Act 2019 (offence of breaching stalking protection order etc).

Sentencing Code

50

An offence under section 363 of the Sentencing Code (breaching restraining order).

Inchoate offences

51

An inchoate offence (within the meaning of section 398 of the Sentencing Code) in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.

Part 3Information: other offences

Common law offences

52

Common assault.

53

Battery.

Offences against the Person Act 1861

54

An offence under any of the following provisions of the Offences Against the Person Act 1861—

(a)

section 24 (maliciously administering poison etc with intent to injure, aggrieve or annoy any other person);

(b)

section 58 (administering drugs or using instruments to procure abortion);

(c)

section 59 (procuring drugs etc to cause abortion).

Prevention of Crime Act 1953

55

An offence under section 1A of the Prevention of Crime Act 1953 (offence of threatening with offensive weapon in public).

Suicide Act 1961

56

An offence under section 2 of the Suicide Act 1961 (criminal liability for complicity in another’s suicide).

Criminal Law Act 1967

57

An offence under section 4 of the Criminal Law Act 1967 (penalties for assisting offenders).

Criminal Law Act 1977

58

An offence under section 6 of the Criminal Law Act 1977 (violence for securing entry).

Mental Health Act 1983

59

An offence under section 127 of the Mental Health Act 1983 (ill-treatment of patients).

Criminal Justice Act 1988

60

An offence under any of the following provisions of the Criminal Justice Act 1988—

(a)

section 139 (offence of having an article with blade or point in public place);

(b)

section 139A (offence of having article with blade or point (or offensive weapon) on education premises);

(c)

section 139AA (offence of threatening with article with blade or point or offensive weapon).

Police Act 1996

61

An offence under section 89 of the Police Act 1996 (assaults on constables).

Crime and Disorder Act 1998

62

An offence under section 31 of the Crime and Disorder Act 1998 (racially or religiously aggravated public order offences).

Sexual Offences (Amendment) Act 2000

63

An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of position of trust).

Sexual Offences Act 2003

64

An offence under any of the following provisions of the Sexual Offences Act 2003—

(a)

section 66B(1) (sharing intimate photograph or film without consent);

(b)

section 67A (voyeurism: additional offences);

(c)

section 91 (offences relating to notification);

(d)

section 103I (breach of sexual harm prevention order etc);

(e)

section 113 (breach of sexual offences prevention order etc);

(f)

section 122H (breach of sexual risk order etc).

Mental Capacity Act 2005

65

An offence under section 44 of the Mental Capacity Act 2005 (ill-treatment or neglect).

Criminal Justice and Courts Act 2015

66

An offence under any of the following provisions of the Criminal Justice and Courts Act 2015—

(a)

section 20 (ill-treatment or wilful neglect: care worker offence);

(b)

section 21 (ill-treatment or wilful neglect: care provider offence).

Assaults on Emergency Workers (Offences) Act 2018

67

An offence under section 1 of the Assaults on Emergency Workers (Offences) Act 2018 (common assault and battery).

Offensive Weapons Act 2019

68

An offence under section 52 of the Offensive Weapons Act 2019 (offence of threatening with an offensive weapon etc in a private place).

Sentencing Code

69

An offence under any of the following provisions of the Sentencing Code—

(a)

section 342G (offences relating to a serious violence reduction order);

(b)

section 354 (breach of sexual harm prevention order).

Domestic Abuse Act 2021

70

An offence under section 39 of the Domestic Abuse Act 2021 (breach of domestic abuse protection order).

Crime and Policing Act 2026

71

An offence under section 45 of the Crime and Policing Act 2026 (assault of retail worker).

Inchoate offences

72

An inchoate offence (within the meaning of section 398 of the Sentencing Code) in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.”

“45APower to amend list of offences in Schedule 6A

The Secretary of State may by regulations amend the list of offences for the time being specified in Schedule 6A.

45BPower to specify duration of term of imprisonment etc

The Secretary of State may by regulations amend this Part for the purposes of changing the meaning of “the specified sentence length” either generally or in relation to particular offences.”