Commentary on Sections Transfer directions Section 43: Representations
129.Section 43 follows on fromsection 42 and requires the board to forward the victim’s representations to the relevant authority taking decisions on discharge in the event that the offender is discharged under the powers in the Mental Health Act 1983. The Home Secretary is required to inform the board if he is considering lifting restrictions, discharging the offender (either absolutely or subject to conditions) or varying conditions of discharge. A Mental Health Review Tribunal is required to inform the board if it receives an application or reference in respect of the offender’s discharge. The board must then pass any information so received to a victim who has expressed a wish to make representations so that he may do so. The board must also pass that information to a victim who, regardless of whether or not he expressed a wish to or not, has in fact made representations on the matters described in section 42.