Victims of crime

This page contains links to information in relation to victims of crime.

Ministry of Justice

A victim can submit a statement when the Ministry of Justice is considering the discharge of a restricted patient, and can be provided with a decision summary.

• Victims and MOJ discharge. HMPPS, 'Information for victims - Statements and decision summaries in restricted patient cases' (April 2024) — (1) From March 2024, victims and family members registered with the Victim Contact Scheme (VCS) have been able to submit a Victim Personal Statement in relation to Ministry of Justice discharge decisions. The purpose is catharsis and to provide further information and context on requests for conditions, and is in addition to the pre-existing ability to make representations in relation to conditions. Some brief guidance is given on what might be included in a statement. The statement will not be sent to the patient, Responsible Clinician, or tribunal, although it is possible that might be disclosed during other legal proceedings. (2) Applications will also be able to be made for decision summaries.
• Victims and MOJ discharge. HMPPS, 'Information for patients - Decision summaries and victim statements in restricted patient cases' (April 2024) — (1) From Spring 2024, patients and victims have been able to request a summary of Ministry of Justice decisions in relation to discharge. The summary provided to patients and victims will differ, because of medical confidentiality, and both will overlap with the reasons already given to the Responsible Clinician. (2) Victims will also be able to make Victim Personal Statements in relation to discharge decisions. The purpose is "catharsis" and it will have no influence on the discharge decision. This is in addition to the pre-existing ability to provide information and make requests for conditions.

Mental Health Tribunal

See Victims (MHT).

Legislation

• Legislation amending MHA 1983 • Other useful legislation. Domestic Violence Crime and Victims Act 2004 — This Act amends the MHA 1983, CPIA 1964 etc.
• Domestic Violence Crime and Victims Act 2004 applies to unrestricted criminal patients. This describes a change made by the MHA 2007.

Other pages

• Victims' rights to make representations and receive information. Summary of rights under DVCVA 2004.

External links

• Ministry of Justice, 'Code of Practice for Victims of Crime' (October 2013)† Need to update this link.

INFORMATION

• Representation
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• Changes made by MHA 2007
  • 16- or 17-year-old with capacity cannot be detained on basis of parental consent
  • Abnormally aggressive or seriously irresponsible conduct is only a consideration for learning disability (not personality disorder)
  • Additional safeguards for ECT introduced in new s58A
  • Appropriate treatment test replaces treatability test and applies to all patients under long-term detention
  • Approved Mental Health Professional replaces Approved Social Worker
  • Automatic reference scheme under s68 changed
  • Bournewood gap bridged by Deprivation of Liberty Safeguards inserted into MCA 2005
  • Civil partners are treated as if married when determining nearest relative
  • Conditionally-discharged hospital direction patients can be absolutely discharged by MHRT
  • Domestic Violence Crime and Victims Act 2004 applies to unrestricted criminal patients
  • Fundamental principles set out in Act and included in Code of Practice
  • Higher penalties for offences under Act
  • Hospital direction patients can no longer apply to Tribunal during first six months
  • Hospital directions under s45A apply to any mental disorder
  • Legal status of Code of Practice set out in Act
  • Limitation to the exceptions to the duty to instruct IMCA
  • Mental disorder no longer split into separate classifications
  • Minor drafting error in MCA 2005 corrected
  • New cross-border arrangements for leave and transfer
  • New definition of medical treatment
  • New Independent Mental Health Advocate scheme
  • New procedure for renewal of detention
  • New regulations on conflicts of interest
  • New requirements for age-appropriate accommodation for children
  • NHS Foundation Trusts discharge power problem remedied
  • Organisation of Mental Health Review Tribunal changed
  • Patient can apply to displace nearest relative, who can now be displaced on grounds of unsuitability
  • Patients can be transferred between places of safety under s135 and s136
  • Procedure for making of instruments by Welsh Ministers set out
  • Reference to Local Health Boards inserted into Act
  • Responsible Clinician/Approved Clinician replaces Responsible Medical Officer
  • Restriction orders can no longer be time-limited
  • SOAD certificate becomes invalid when patient loses or gains capacity
  • Some exclusions to definition of mental disorder have been removed
  • Supervised Community Treatment replaces Supervised Discharge
  • Transitional provisions until full implementation of MHA 2007
  • Treatment while under SCT is covered by new Part 4A
• Coronavirus
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  • Newsletters
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  • Power to specify hospital units
  • Public tribunal hearings
  • Repatriation
  • Reports to Prevent Future Deaths
  • Smoking
  • Summary of routes to discharge
  • Summary of types of detention
  • Transfer
  • Victims of crime
  • Victims' rights to make representations and receive information
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  • Welfare benefits
• Glossary pages
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What links here:

• Domestic Violence Crime and Victims Act 2004
• R (Maher) v First-tier Tribunal (Mental Health) [2023] EWHC 34 (Admin)
• Jag Bahra, 'High Court victory for victims' rights and open justice' (Saunders Law, 13/1/23)
• Courts and Tribunals Judiciary, 'Practice Guidance: Procedure for handling representations from victims in the Mental Health jurisdiction (HESC)' (23/8/23)
• Form T144: Victim's representations to the Tribunal (September 2023)
• HMPPS, 'Information for patients - Decision summaries and victim statements in restricted patient cases' (April 2024)
• HMPPS, 'Information for victims - Statements and decision summaries in restricted patient cases' (April 2024)