Part 3Victims etc

Chapter 2Representations and information

Interpretation

45F1Interpretation: sections 35 to 44B

1

In sections 35 to F244B—

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

  • “court” does not include F4the 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—

    1. a

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

    2. b

      a sentence of detention during Her Majesty’s pleasure;

    3. c

      a sentence of detention for a period of 12 months or more under F11section 250 F14or 252A of the Sentencing Code (offenders under 18 convicted of certain serious offences);

    4. d

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

  • F6“responsible clinician” means the responsible clinician for the purposes of Part 3 of the Mental Health Act 1983;

  • F7“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 F12section 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 F844B, an offence is a sexualF10, violent or terrorism offence if it is any of these—

a

murder or an offence specified in F13Schedule 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.

F93

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.