Chapter 2 of the Domestic Violence, Crime and Victims Act 2004 contains entitlements for victims of certain offenders to make representations about certain matters and receive information in specified circumstances. Section 36 sets out entitlements for victims of offenders who are subject to hospitals orders (pursuant to s.37 of the Mental Health Act 1983) with or without restriction orders (which, if imposed, are done so pursuant to s.41 of the Mental Health Act 1983). Section 37 contains further provision around the procedure for handling victim representations in cases where a restriction order is made. This Act inserts new entitlements relating to victim impact statements into the existing framework in Chapter 2. This is inserted after section 37 as it applies in the same circumstances, namely where the offender is subject to a hospital order with a restriction order.
Legal background Victim impact statements in the Mental Health Tribunal