Domestic Violence, Crime and Victims Act 2004

Interpretation E+W

45 [F1 Interpretation: sections 35 to 44B] E+W

(1) In sections 35 to [F2 44B]—

• [F3 “community treatment order” has the meaning given in section 17A of the Mental Health Act 1983;]

• “court” does not include [F4 the Court Martial or the Court Martial Appeal Court];

• “hospital direction” has the meaning given in section 45A(3)(a) of the Mental Health Act 1983 (c. 20);

• “hospital order” has the meaning given in section 37(4) of that Act;

• “licence condition” means a condition in a licence;

• “limitation direction” has the meaning given in section 45A(3)(b) of the Mental Health Act 1983;

• “local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 (c. 43);

• [F5 “the managers” has the meaning given in section 145 of the Mental Health Act 1983;

• “relevant sentence” means any of these—

  (a)

  a sentence of imprisonment for a term of 12 months or more;

  (b)

  a sentence of detention during Her Majesty’s pleasure;

  (c)

  a sentence of detention for a period of 12 months or more under [F6 section 250 [F7 or 252A] of the Sentencing Code] (offenders under 18 convicted of certain serious offences);

  (d)

  a detention and training order for a term of 12 months or more;]

• [F8 “responsible clinician” means the responsible clinician for the purposes of Part 3 of the Mental Health Act 1983;]

• [F9 “responsible hospital” has the meaning given in section 17A of the Mental Health Act 1983;]

• “restriction direction” has the meaning given in section 49(2) of the Mental Health Act 1983;

• “restriction order” has the meaning given in section 41(1) of that Act;

• “supervision requirements” means requirements specified in a notice under [F10 section 242(4) of the Sentencing Code];

• “transfer direction” has the meaning given in section 47(1) of the Mental Health Act 1983.

(2) For the purposes of sections 35 to [F11 44B], an offence is a sexual[F12 , violent or terrorism] offence if it is any of these—

(a) murder or an offence specified in [F13 Schedule 18 to the Sentencing Code];

(b) an offence in respect of which the patient or offender is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c. 42));

(c) an offence against a child within the meaning of Part 2 of the Criminal Justice and Court Services Act 2000.

[F14 (3) A reference in sections 35 to 44B to a place in which a person is detained includes a reference to a place in which he is liable to be detained under the Mental Health Act 1983.

(4) For the purposes of section 32(3) of that Act (regulations as to delegation of managers' functions, etc.) as applied by Parts 1 and 2 of Schedule 1 to that Act, a function conferred on the managers of a hospital under sections 35 to 44B of this Act is to be treated as a function of theirs under Part 3 of that Act.]

Textual Amendments

F1 S. 45 title substituted (3.11.2008) by virtue of Mental Health Act 2007 (c. 12), ss. 48, 56(1), Sch. 6 para. 16(1) (with s. 50(8)-(13)); S.I. 2008/1900, arts. 1(1), 2(o) (with art. 3, Sch.)

F2 Words in s. 45(1) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 48, 56(1), Sch. 6 para. 16(2)(a) (with s. 50(8)-(13)); S.I. 2008/1900, arts. 1(1), 2(o) (with art. 3, Sch.)

F3 S. 45(1): definition of "community treatment order" inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 48, 56(1), Sch. 6 para. 16(2)(b) (with s. 50(8)-(13)); S.I. 2008/1900, arts. 1(1), 2(o) (with art. 3, Sch.)

F4 Words in s. 45(1) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 239; S.I. 2009/812, art. 3; S.I. 2009/ 1167, {art. 4} (and see transitional provisions in S.I. 2009/1059)

F5 S. 45(1): definition of "the managers" inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 48, 56(1), Sch. 6 para. 16(2)(b) (with s. 50(8)-(13)); S.I. 2008/1900, arts. 1(1), 2(o) (with art. 3, Sch.)

F6 Words in s. 45(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 252(2)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F7 Words in s. 45(1) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 22

F8 S. 45(1): definition of "responsible clinician" inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 48, 56(1), Sch. 6 para. 16(2)(b) (with s. 50(8)-(13)); S.I. 2008/1900, arts. 1(1), 2(o) (with art. 3, Sch.)

F9 S. 45(1): definition of "responsible hospital" inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 48, 56(1), Sch. 6 para. 16(2)(b) (with s. 50(8)-(13)); S.I. 2008/1900, arts. 1(1), 2(o) (with art. 3, Sch.)

F10 Words in s. 45(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 252(2)(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F11 Words in s. 45(2) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 48, 56(1), Sch. 6 para. 16(3) (with s. 50(8)-(13)); S.I. 2008/1900, arts. 1(1), 2(o) (with art. 3, Sch.)

F12 Words in s. 45(2) substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 10(e) (with s. 25(3)(4))

F13 Words in s. 45(2)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 252(3) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F14 S. 45(3)(4) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 48, 56(1), Sch. 6 para. 16(4) (with s. 50(8)-(13)); S.I. 2008/1900, arts. 1(1), 2(o) (with art. 3, Sch.)