Part 1: Victims of Criminal Conduct Victim impact statements in the Mental Health Tribunal Section 21: Victim impact statements to mental health tribunals (restricted patients)
Section 21 amends the Domestic Violence, Crime and Victims Act 2004 ("the DVCVA") to introduce entitlements for victims of offenders subject to hospital orders with restriction orders to: (a) make a victim impact statement to the Mental Health Tribunal ("MHT") or the Mental Health Review Tribunal for Wales ("MHRTW"); and, (b) be able to apply to attend a tribunal hearing that is due to take place to read their statement, an application which must be granted by the tribunal unless there are good reasons not to do so. The MHT operates in England and is part of the First-tier Tribunal. The MHRTW is the equivalent tribunal in Wales.
	These entitlements are made effective by way of a new section inserted into Chapter 2 of the DVCVA, which at present 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, "the MHA") with or without restriction orders (which, if imposed, are done so pursuant to s.41 of the MHA). Section 37 contains further provision around the procedure for handling victim representations in cases where a restriction order is made. In this context, offenders are referred to as ‘patients’.
	The entitlements contained in section 37ZA will apply to victims where:
The relevant patient is charged with a sexual, violent or terrorism offence and one of the following categories applies:
the patient is convicted of the offence;
a verdict is returned that the patient is not guilty of the offence by reason of insanity;
a finding is made- (i) under section 4 of the Criminal Procedure (Insanity) Act 1964 (c. 84) that the patient is under a disability, and (ii) under section 4A of that Act that he did the act or made the omission charged against him as the offence; (s.36(2)) and,
A hospital order with a restriction order is made in respect of the relevant patient. (s.37(1)).
An application referenced in section 37(5) (so under ss. 69, 70, 71 of 75 of the MHA) is made to the First-tier Tribunal (MHT) or the MHRTW.
	In a case where the conditions above apply, the relevant probation body (as defined in s.37ZA(5)) must take all reasonable steps to ascertain whether the victim of the offence, or someone acting for them, wishes to make a victim impact statement (subsection (2)(a)). ‘Victim impact statement’ has the meaning given to it by subsection (5) and is a statement about the way in which, and degree to which, the offence has affected and/or continues to affect the victim or any other person. Where the victim or the person acting for them makes such a statement, the relevant probation body must forward it to the Tribunal (subsection (2)(b)).
	Subsection (3) then creates an entitlement for the person who made a statement in the circumstances outlined above to ask permission to attend a relevant hearing to read the statement (subsection (3)(a)), and to have this permission granted by the tribunal unless they consider there are good reasons not to (subsection (3)(b)). ‘Requesting permission’ is intended as a reference to the relevant tribunal’s process for non-parties to apply to attend a hearing – for example, in the MHT, this is done pursuant to Rule 36(2) of The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008. ‘Relevant hearing’ is defined pursuant to subsection (5) and is intended to mean that this entitlement will only apply where a tribunal hearing is already due to take place, meaning one will not have to be convened especially for the victim to read their statement.
	Subsection (4) sets out how the statement should be used by the Tribunal. They may have regard to it when determining a matter specified in section 36(5)(a) or (b) – i.e. where they are deciding whether to impose discharge conditions on a patient and, if so, what conditions. However, they must not have regard to it for any other purpose, including in relation to the discharge decision itself (to which only the factors in section 73 of the MHA should be relevant).