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Domestic Violence, Crime and Victims Act 2004

Domestic Violence, Crime and Victims Act 2004 s 37ZA

s 37ZA Victim impact statements where restriction order made

(1) This section applies if, in a case where section 37 applies, an application or reference mentioned in subsection (5) of that section is made to the First-tier Tribunal or the Mental Health Review Tribunal for Wales. (2) The relevant probation body— (a) must take all reasonable steps to ascertain whether a person who appears to the body to be the victim of the offence or to act for the victim of the offence wishes to provide a victim impact statement to the body, 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 a matter specified in section 36(5)(a) or (b) (but must not have regard to it for any other purpose). (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) ; “ the relevant probation body ” has the meaning given in section 37(8); “ victim impact statement ” means a statement about the way in which, and degree to which, the offence has affected and (as the case may be) continues to affect the victim or any other person.

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