Victims' rights

Extension to unrestricted offender patients

Guidance for hospitals and practitioners about the extension of victims' rights under the Domestic Violence Crime and Victims Act 2004 is now available.

The Mental Health Act 2007 amends the victims' rights arrangements in the Domestic Violence Crime and Victims Act 2004 so that from 3 November 2008 victims' rights will be extended to victims of offenders who are detained, or on supervised community treatment, as unrestricted patients under Part 3 of the Mental Health Act 1983.

This will involve new duties on hospital managers, responsible clinicians, approved mental health professionals and on NHS bodies who fund treatment of such patients in the independent sector.  The new arrangements aren't retrospective - they only apply to people who become unrestricted Part 3 patients on or after 3 November.  

The Department of Health and Ministry of Justice has issued guidance for hospitals and practitioners on the new arrangements.

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