“Chapter 2 Information: victims’ rights

Imprisonment or detention

44C Victims’ 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

44D Information 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.

44E Victim 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.

44F Information 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.

44G Removal 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

44H Information

(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.

44I Removal 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

44J Information 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.

44K Information 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.

44L Removal 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) .”