Commentary on Sections Transfer directions Section 42: Victims’ rights: preliminary
128.Section 42 applies if an offender (defined in the same terms as in section 35) is transferred by the Home Secretary to hospital and restrictions are imposed, under the powers in the Mental Health Act 1983. The board for the area where the hospital is situated is required to take reasonable steps to establish whether a victim of the offence wishes to make representations or receive information about any conditions which may apply in the event of discharge from hospital under the 1983 Act powers.