NORTHUMBRIA AREA MAPPA GUIDANCE

Transcription

1 NORTHUMBRIA AREA MAPPA GUIDANCE December 2005 Revised September 2006 Revised February 2007 Revised May 2007 MAPPA Unit Block 45 Northumbria Police Headquarters Ponteland Newcastle upon Tyne NE20 0BL

2 INTRODUCTION The Multi-Agency Public Protection Arrangements (MAPPA) were introduced by the Criminal Justice and Court Services Act 2000 (Sections 67 & 68) to address the need for the public to be protected from dangerous offenders. The legislation, which was implemented in April 2001, placed a statutory duty upon police and probation services (the Responsible Authority) to establish arrangements to assess and manage the risks posed by relevant sexual and violent offenders. Relevant sexual and violent offences are defined in Schedule 15 of the Criminal Justice Act (see Appendix A) The Criminal Justice Act 2003 (Section 325 [3]) strengthened the Multi-Agency Public Protection Arrangements (MAPPA) by including the Prison Service in the Responsible Authority and by placing a statutory duty to co-operate upon the following agencies: Youth Offending Teams Jobcentre Plus Local Education Authorities (LEA) Local Housing Authorities Registered Social Landlords (RSLs) Local Authority Social Services Health Bodies Electronic Monitoring Providers The above agencies in Northumbria have signed up to a memorandum defining the Duty to Co-operate. 2

3 CONTENTS SECTION 1 Responsible Authority Structure in Northumbria 1.1 The Prison Service 1.2 The Police 1.3 The Probation Service 2 MAPPA structure in Northumbria 2.1 Strategic Management Board 2.2 MAPPA Steering Group 2.3 Local MAPPA Strategy Groups 2.4 Central MAPPA Unit 3 The MAPPA operation in Northumbria 3.1 Principles underpinning MAPPA 3.2 MAPPA framework 3.3 Identification of offenders 3.4 Definition of serious harm 3.5 Levels of risk management 3.6 Inclusion in MAPPA 3.7 Exits from MAPPA 3.8 Transfer of cases 3.9 Referral Process PAGE NO 4 4 The Duty to Cooperate 12 5 Managing Risk 13 6 Defensible decisions 14 7 The non-mappa system 7.1 The non-mappa referral system 15 APPENDICES Appendix A CJA 2003 Schedule Appendix B Referral Chart 28 Appendix C MAPPA Procedures for Referral agencies flowchart 29 REFERRAL FORMS Form 1 MAPPA Referral Form 30 Form 2 Non-MAPPA Referral Form CONTACT DETAILS 1. Northumbria MAPPA Unit Police contact details Probation contact details 38 3

4 1. RESPONSIBLE AUTHORITY STRUCTURE IN NORTHUMBRIA The Responsible Authority (Prisons, Police and Probation) deliver their duty in regard to MAPPA in line with their organisational structures. 1.1 The Prison Service The Prison Service, organised into 12 geographical and 3 functional areas, does not have the co-terminosity of police and probation services who currently are divided into 42 areas. The Prison Service, because its primary focus is with offenders in custody, contributes to the process of assessing and drawing up plans to manage the risk posed by MAPPA offenders on release. The prison service also has a significant role to play in the strategic management of MAPPA as part of the Responsible Authority. Mandatory Prison Requirements Identifying prisoners subject to MAPPA. Providing information to MAPPA meetings either via a representative or by submitting a report prior to a prisoner s release. Notifying police and probation services of the expected release dates of prisoners coming under MAPPA (when a prisoner known to be Level 2 or 3 is due for release a pre-release notification will be sent out by the prison to the Offender Manager and the MAPPA Co-ordinator 6 prior to release) and contributing fully to the risk assessment and risk management planning before release occurs. Notifying police and probation services of decisions to restore added days to ensure that any unexpected changes to release dates of prisoners subject to MAPPA are reported. 1.2 The Police The organisational structure of Northumbria Police is crucial to the effective delivery of MAPPA in the Area. In November 2004, Northumbria Police established a Police Public Protection network across the Force Area. These Public Protection Units (PPUs) exist in each of the six Police Area Commands and are overseen by a central PPU based at Northumbria Police Headquarters, within which is sited a dedicated MAPPA Unit. Each of the six PPUs in the Area Commands are managed by a Detective Inspector. All include a: Detective Sergeant Child Protection Detective Sergeant Domestic Violence and MAPPA Detective Constables (number varies according to Unit) These specialist posts are mirrored at the central PPU with the addition of the MAPPA Unit. (See Page 37 for contact details) 4

5 1.3 The Probation Service Northumbria Probation Area has recently re-organised to provide local strategic management north and south of Tyne. Probation District Manager Units provide the co-ordination points for MAPPA in Northumbria and screen all referrals for MAPPA Level 2 and 3 risk management. Northumbria Probation senior/middle managers convene and chair all Level 2 and 3 MAPPA meetings. (See Page 38 for contact details) 5

6 2. MAPPA STRUCTURE IN NORTHUMBRIA 2.1 Strategic Management Board (SMB) Representation on this Board is from senior managers of the Responsible Authority (prison, police and probation services) and from the duty to co-operate agencies. Core Features of the role of SMBs Monitoring (on at least a quarterly basis) and evaluating the operation of the MAPPA. Establishing connections with other public protection arrangements such as Area Child Protection Committees/Local Safeguarding Children Boards, local Crime and Disorder Partnerships and Local Criminal Justice Boards. Preparing and publishing the MAPPA Annual Report and promoting the work of MAPPA in the area. Planning the longer-term development of the MAPPA in the light of regular reviews of the arrangements and with respect to legislative and wider criminal justice changes. Identifying and planning how to meet common training and developmental needs of those working in the MAPPA. 2.2 MAPPA Steering Group Established to provide a link between the strategic and operational functions of MAPPA by providing a conduit between the SMB and the local MAPPA Strategy Groups. Representation on this group is from senior and middle managers of the Responsible Authority (prison, police and probation services). 2.3 Local MAPPA Strategy Groups These groups have been established in Northumbria to facilitate local ownership of MAPPA by the duty to co-operate agencies. Northumbria is a large metropolitan area with a number of local authorities and housing authorities. In order to make MAPPA a recognisable method of risk assessment and management in the local areas it has been necessary to establish these groups. The MAPPA Strategy Groups are convened and chaired by Probation District Managers and contain representation from all the duty to co-operate agencies at a local level. These groups are driving forward the MAPPA agenda and to date have: Identified the need and facilitated training/awareness raising events on MAPPA in their local area. Produced local directories of contacts within duty to co-operate agencies for MAPPA. Monitored and reviewed statistical information relevant to the local area. Provided a forum for MAPPA issues to be discussed locally and, where necessary, fed up to the SMB via the MAPPA Steering Group. 6

7 2.4 Central MAPPA Unit This is a joint police/probation unit based within the Public Protection Unit at Northumbria Police Headquarters. This unit includes the Probation Area Manager for Public Protection, the MAPPA Unit Police Detective Sergeant, the MAPPA Manager, three Probation Senior Practitioners and a Police Detective Constable. The Sex Offender Register for the Northumbria area is also managed from this Unit. (See Page 36 for contact details) 7

8 3. THE MAPPA OPERATION IN NORTHUMBRIA 3.1 Principles underpinning MAPPA Managing risk in a multi-agency way and also managing risk at the lowest level possible. Ensuring that all relevant offenders are assessed and risk managed. Making defensible decisions in regard to level of risk management. 3.2 MAPPA framework Identification of offenders Sharing of relevant information Assessment of the risk of serious harm Management of that risk 3.3 Identification of offenders Category 1 : registered sex offenders (convicted or cautioned since 1 st September 1997 or in custody for a like offence at that point in time). Category 2 : Violent and other sex offenders (sentenced to 12 imprisonment or more since the 1 st April 2001 or in custody for a like offence at that point in time and currently subject to post-release licence supervision). Category 3 : other offenders (other offenders considered by the Responsible Authority to pose a risk of serious harm to the public). There are two essential criteria for category 3 Offenders: - Firstly must have a conviction for an offence which indicates offender is capable of causing serious harm to the public. - Secondly Responsible Authority must reasonably consider that the offender may cause serious harm to the public. 3.4 Definition of Serious Harm Defined as a risk which is life threatening and/or traumatic and from which recovery, whether physical or psychological, can be expected to be difficult or impossible. (OASys Manual) 8

9 3.5 Levels of Risk Management Level 1: ordinary risk management (does not require active involvement of more than one agency). Level 2 : local inter-agency risk management (Risk Management Meeting) Level 3 : Multi-Agency Public Protection Panel (MAPPP) Level 1 Risk Management Examples Sex Offender managed by the police under sex offender notification requirement. Post-release licence supervision managed by probation. Offender managed by Health/Social Services. The decision making in regard to Level 1 Risk management should be a shared decision requiring the agency supervising the offender to liaise with key partner agencies before a defensible decision to manage the case at Level 1 is made e.g. Sex offenders Northumbria Police will liaise with Northumbria Probation to ensure that information held by probation can be fed into the decision making process. Offenders on post-release licence supervision Northumbria Probation will liaise with Northumbria Police to ensure that information held by the police can be fed into the decision making process. Offenders managed by Health & Social Services Health will liaise with Northumbria Police to ensure that information held by the police can be fed into the decision making process Level 2 Risk Management The offender requires the active involvement of more than one agency, usually at practitioner/team Manager level, in order to manage the risk. Risk Management Meeting (RMM) required Level 3 Risk Management (intended for the CRITICAL FEW ) The offender requires the active involvement of more than one agency but, because of the imminence and level of risk, this must be undertaken by managers at a senior level within their agency or the offender, although not assessed as high risk, is likely to be the subject of media scrutiny and/or public interest. Multi-Agency Public Protection Panel (MAPPP) required 9

10 3.6 Inclusion in MAPPA Automatic inclusion in MAPPA Category 1 and Category 2 offenders will be identified mainly by police and probation services. They are automatically included in MAPPA because of their offence and the disposal they receive from the courts. They can be managed at any of the 3 levels Offenders NOT automatically included in MAPPA Category 3 offenders are not automatically included in MAPPA and require their level of risk to be assessed. They can, therefore, only be managed at Level 2 or Exits from MAPPA Category 1 : automatic de-registration at end of sex offender registration. Category 2 : automatic de-registration at end of post release licence. Unless the offender is still considered by the Responsible Authority to pose a risk of serious harm to the public. If so, the offender will remain in the MAPPA under Category 3 until the risk is reduced. 3.8 Transfer of cases In Northumbria MAPPA cases will be transferred as follows: Offenders subject to probation statutory supervision will be transferred from one probation area to another following national probation procedures. Offenders not subject to probation statutory supervision will be transferred via the MAPPA Unit in the exporting and receiving areas. 3.9 Referral Process Cases currently included in MAPPA Category 1, 2 or 3 offenders who require risk management at a higher level will be referred to the Probation District Manager covering the locality in which the offender lives. The MAPPA Referral Form is used to move cases from level 1 to level 2 risk management whilst, cases currently being managed at level 2 will move to level 3 following referral of the case to the Probation District Manager by the Chair of the level 2 Risk Management Meeting. (See Referral Chart Appendix B) 10

11 3.9.2 New referrals into MAPPA Where any agency identifies an offender not automatically included in MAPPA, whose behaviour is giving cause for concern in terms of public protection, that agency should gather information and, based upon a risk assessment, make a referral into MAPPA via the appropriate Probation District Manager using the MAPPA Referral Form. (See Form 1 Page 30) Procedure Offender identified by agency as individual causing concern in terms of public protection. Agency gathers information and, based upon an assessment of the risk, decision taken to refer into MAPPA. Nominated person within agency makes referral to relevant Probation District Unit using the MAPPA Referral Form. Probation District Manager considers referral and makes decision as follows: Offender does not meet the criteria for MAPPA. Offender does meet the criteria and Level 2 or 3 meeting is required. Insufficient information available to decide upon risk management requirements, therefore, Information Sharing Meeting convened NB. An Information Sharing Meeting minute template is available and should only be used where a risk management strategy is not required. Arrangements are made to convene the appropriate meeting and the referrer is notified of the outcome. (see flowchart Appendix C) 11

12 4. THE DUTY TO CO-OPERATE What the Duty to Cooperate (DTC) involves: It is imposed only in respect of the operational case-related work involved in assessing and managing the risk posed by MAPPA offenders. The duty is reciprocal i.e. it also requires the Responsible Authority to cooperate with the DTC agencies. It requires the DTC agencies to co-operate only in so far as is compatible with their existing statutory responsibilities. The purposes of co-operation are: To co-ordinate the involvement of different agencies in assessment and managing risk. To enable every agency, which has a legitimate interest, to contribute as fully as its existing statutory role and functions requires in a way that complements the work of other agencies. 12

13 5. MANAGING RISK The following are measures which can be used to manage risk: Probation supervision Additional licence conditions Use of Approved Premises/appropriate housing Information sharing with other agencies e.g. social services, police, prisons, probation, mental health services, housing etc. Dangerous offender provision e.g. Extended Sentences, Indeterminate Public Protection Sentences. Community Domestic Violence Programme (CDVP) risk meetings. Sex Offender Registration Disqualification Orders Civil Orders e.g. Sexual Offences Prevention Orders. Electronic tagging Disclosure to specific individuals or organisations Police surveillance Conditional Discharge from hospital Treatment provision 13

14 5. DEFENSIBLE DECISIONS In many cases the decision-making involved in the assessment of risk and its management can and indeed often does prevent re-offending, but it is not infallible. In place of infallibility we must put defensibility (Professor Hazel Kemshall, De Montfort University) The criteria for defensible decisions are: All reasonable steps have been taken Reliable assessment methods have been used Information has been collected and thoroughly evaluated Decisions are recorded (and subsequently carried out) Policies and procedures have been followed Practitioners and their managers adopt an investigative approach and are proactive 14

15 7. THE NON-MAPPA SYSTEM In Northumbria, we have established the non-mappa system into which individuals considered to be dangerous can be referred, in circumstances where they do not qualify for inclusion in MAPPA e.g. individual does not have a conviction or does not have a relevant conviction. The authority vested in the police through Section 115 of the Crime and Disorder Act 1998 provides the power to disclose information, which is central to the Act s partnership approach. The police have an important and general power at common law to disclose information for the prevention, detection and reduction of crime. This section also puts beyond doubt the power of any organisation to disclose information to police authorities, probation services, local authorities, health authorities or to persons acting on their behalf, so long as such disclosure is necessary or expedient for the purposes of the Act. These bodies also have the power to use this information. The Non-MAPPA system is, therefore, co-ordinated by Northumbria Police and deals with individuals without convictions or offenders without relevant convictions whose behaviour is causing concern in terms of public protection. 7.1 Non-MAPPA referral system Individual is identified by any agency as someone who may be at risk of causing serious harm to the public, completion of Non-MAPPA Referral Form required. Non-MAPPA referral form completed. Non-MAPPA Referral Form to be faxed to Detective Inspector of the Public Protection Unit covering the area in which the concerning individual lives. Detective Inspector considers referral, decides whether or not the criteria is met and decides upon type of risk management i.e. ordinary risk management or multi-agency risk management. If multi-agency risk management appropriate, Detective Inspector convenes a Special Case Conference. Special Case Conference will assess the risk and develop a risk management plan. Where required review meetings will be convened. (See Form 2 Page 33) 15

16 APPENDIX A CRIMINAL JUSTICE ACT 2003 SCHEDULE 15 Section 224 Specified Offences for Purposes of Chapter 5 of Part 12 Part 1 Specified Violent Offences SERIOUS? OFFENCE MAXIMUM PENALTY Manslaughter Kidnapping False imprisonment Soliciting murder (section 4 of the Offences against the Person Act 1861) Threats to kill (section 16 of the Offences against the Person Act 1861) Wounding with intent to cause grievous bodily harm (section 18 of the Offences against the Person Act 1861) Malicious wounding (section 20 of the Offences against the Person Act 1861) Attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence (section 21 of the Offences Against the Person Act 1861) Using chloroform etc. to commit or assist in the committing of any indictable offence (section 22 of the Offences Against the Person Act 1861) Maliciously administering poison etc. so as to endanger life or inflict grievous bodily harm (section 23 of the Offences Against the Person Act 1861) Abandoning children (section 27 of the Offences Against the Persons Act 1861) Causing bodily injury by explosives (section 28 of the Offences Against the Person Act 1861) Using explosives etc. with intent to do grievous bodily harm (section 29 of the Offences Against the Person Act 1861) On indictment -10 conviction 6 On indictment - 5 conviction 6 10 On indictment - 5 conviction 6 16

17 Placing explosives etc. with intent to do bodily injury (section 30 of the Offences Against the Person Act 1861) Setting spring guns etc. with intent to do grievous bodily harm (section 31 of the Offences Against the Person Act 1861) Endangering the safety of railway passengers (section 32 of the Offences Against the Person Act 1861) Injuring persons by furious driving (section 35 of the Offences Against the Person Act 1861) Assaulting officer preserving wreck (section 37 of the Offences Against the Person Act 1861) Assault with intent to resist arrest (section 38 of the Offences Against the Person Act 1861) Assault occasioning actual bodily harm (section 47 of the Offences Against the Person Act 1861) Causing explosion likely to endanger life or property (section 2 of the Explosive Substances Act 1883) Attempt to cause explosion, or making or keeping explosive with intent to endanger life or property (section 3 of the Explosive Substances Act 1883) Child destruction (section 1 of the Infant (Preservation) Act 1929) Cruelty to children (section 1 of the Children and Young Persons Act 1933) Infanticide (section 1 of the Infanticide Act 1938) Possession of firearm with intent to endanger life (section 16 of the Firearms Act 1968) Possession of firearm with intent to cause fear of violence (section 16A of the Firearms Act 1968) Use of firearm to resist arrest (section 17(1) of the Firearms Act 1968) Possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act (section 17(2) of the Firearms Act 1968) 7 On indictment - 2 conviction 6 On indictment - 5 conviction 6 On indictment -10 conviction

18 Carrying a firearm with criminal intent (section 18 of the Firearms Act 1968) Robbery or assault with intent to rob (section 8 of the Theft Act 1968) Burglary with intent toinflict grievous bodily harm on a person, or do unlawful damage to a building or anything in it. (section 9 of the Theft Act 1968) Aggravated burglary (section 10 of the Theft Act 1968) Aggravated vehicle-taking involving an accident which caused the death of any person (Section 12A of the Theft Act 1968) Arson (section 1 of the Criminal Damage Act 1971) Destroying or damaging property other than an offence of arson (section 1(2) of the Criminal Damage Act 1971) Hostage-taking (section 1 of the Taking of Hostages Act 1982) Hijacking (section 1 of the Aviation Security Act 1982) Destroying, damaging or endangering safety of aircraft (section 2 of the Aviation Security Act 1982) Other acts endangering or likely to endanger safety of aircraft (section 3 of the Aviation Security Act 1982) Offences in relation to certain dangerous articles (section 4 of the Aviation Security Act 1982) Ill-treatment of patients (section 127 of the Mental Health Act 1983) Prohibition of female circumcision (section 1 of the Prohibition of Female Circumcision Act 1985) Riot (section 1 of the Public Order Act 1986) Violent disorder (section 2 of the Public Order Act 1986) 14 (building which is a dwelling) 10 otherwise 14 On indictment - 5 conviction 6 On indictment - 2 conviction 6 On indictment - 5 conviction 6 10 On indictment - 5 conviction 6 18

19 Affray (section 3 of the Public Order Act 1986) On indictment - 3 conviction 6 Torture (section 134 of the Criminal Justice Act 1988) Causing death by dangerous driving (section 1 of the Road Traffic Act 1988) Causing death by careless driving when under influence of drink or drugs (section 3A of the Road Traffic Act 1988) Endangering safety at aerodromes (under section 1 of the Aviation and Maritime Security Act 1990) Hijacking of ships (section 9 of the Aviation and Maritime Security Act 1990) Seizing or exercising control of fixed platforms (section 10 of the Aviation and Maritime Security Act 1990) Destroying fixed platforms or endangering their safety (section 11 of the Aviation and Maritime Security Act 1990) Other acts endangering or likely to endanger safe navigation (section 12 of the Aviation and Maritime Security Act 1990) Offences relating to Channel Tunnel trains and the tunnel system (Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570)) Putting people in fear of violence (section 4 of the Protection from Harassment Act 1997) Racially or religiously aggravated assaults (section 29 of the Crime and Disorder Act 1998) Racially or religiously aggravated offences under section 4 or 4A of the Public Order Act 1986 (section 31(1)(a) or (b) of the Crime and Disorder Act 1998) On indictment - 5 conviction 6 (GBH or ABH) On indictment 7 conviction 6 (common assault) On indictment - 2 conviction 6 On indictment - 2 conviction 6 19

20 Genocide, crimes against humanity, war crimes and related offences), other than one involving murder (section 51 or 52 of the International Criminal Court Act 2001) Female genital mutilation (section 1 of the Female Genital Mutilation Act 2003) Assisting a girl to mutilate her own genitalia (section 2 of the Female Genital Mutilation Act 2003) Assisting a non-uk person to mutilate overseas a girl's genitalia (section 3 of the Female Genital Mutilation Act 2003) Aiding, abetting, counselling, procuring or inciting the commission of an offence specified in this Part of this Schedule, Conspiring to commit an offence so specified, or attempting to commit an offence so specified. Attempt to commit murder or a conspiracy to commit murder 30 conviction 6 conviction 6 conviction 6 Same as substantive offence Same as substantive offence Same as substantive offence Part 2 Specified Sexual Offences SERIOUS? OFFENCE MAXIMUM PENALTY Rape (section 1 of the Sexual Offences Act 1956) Procurement of woman by threats (section 2 of the Sexual Offences Act 1956) 2 Procurement of woman by false pretences (section 3 of the Sexual Offences Act 1956) Administering drugs to obtain or facilitate intercourse (section 4 of the Sexual Offences Act 1956) Intercourse with girl under thirteen (section 5 of the Sexual Offences Act 1956) Intercourse with girl under 16 (section 6 of the Sexual Offences Act 1956) Intercourse with a defective (section 7 of the Sexual Offences Act 1956) 2 2 On indictment

21 Procurement of a defective (section 9 of the Sexual Offences Act 1956) Incest by a man (section 10 of the Sexual Offences Act 1956) Incest by a woman (section 11 of the Sexual Offences Act 1956) Indecent assault on a woman (section 14 of the Sexual Offences Act 1956) Indecent assault on a man section 15 of the Sexual Offences Act 1956) Assault with intent to commit buggery (section 16 of the Sexual Offences Act 1956) Abduction of woman by force or for the sake of her property (section 17 of the Sexual Offences Act 1956) Abduction of unmarried girl under eighteen from parent or guardian (section 19 of the Sexual Offences Act 1956) Abduction of unmarried girl under sixteen from parent or guardian (section 20 of the Sexual Offences Act 1956) Abduction of defective from parent or guardian (section 21 of the Sexual Offences Act 1956) Causing prostitution of women (section 22 of the Sexual Offences Act 1956) Procuration of girl under twenty-one (section 23 of the Sexual Offences Act 1956) Detention of woman in brothel (section 24 of the Sexual Offences Act 1956) Permitting girl under thirteen to use premises for intercourse (section 25 of the Sexual Offences Act 1956) Permitting girl under sixteen to use premises for intercourse (section 26 of the Sexual Offences Act 1956) Permitting defective to use premises for intercourse (section 27 of the Sexual Offences Act 1956) 2 (incest with girl under 13) 7 otherwise 7 On indictment - 10 On indictment On indictment

22 Causing or encouraging the prostitution of, intercourse with or indecent assault on girl under sixteen (section 28 of the Sexual Offences Act 1956) Causing or encouraging prostitution of defective (section 29 of the Sexual Offences Act 1956) Soliciting by men (section 32 of the Sexual Offences Act 1956) Keeping a brothel (section 33 of the Sexual Offences Act 1956) Sexual intercourse with patients (section 128 of the Mental Health Act 1959) Indecent conduct towards young child (under section 1 of the Indecency with Children Act 1960) Procuring others to commit homosexual acts (section 4 of the Sexual Offences Act 1967) Living on earnings of male prostitution (section 5 of the Sexual Offences Act 1967) Burglary with intent to commit rape (section 9 of the Theft Act 1968) Inciting girl under sixteen to have incestuous sexual intercourse (section 54 of the Criminal Law Act 1977) Indecent photographs of children (section 1 of the Protection of Children Act 1978) Indecent or obscene articles (section 170 of the Customs and Excise Management Act 1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876) Possession of indecent photograph of a child (section 160 of the Criminal Justice Act 1988) 2 2 On indictment nd Offence st Offence 3 2 On indictment - 10 On indictment (building which is a dwelling) 10 otherwise On indictment - 2 On indictment - 10 On indictment

23 Rape (section 1 of the Sexual Offences Act 2003) Assault by penetration (section 2 of the Sexual Offences Act 2003) Sexual assault (section 3 of the Sexual Offences Act 2003) Causing a person to engage in sexual activity without consent (section 4 of the Sexual Offences Act 2003) Rape of a child under 13 (section 5 of the Sexual Offences Act 2003) Assault of a child under 13 by penetration (section 6 of the Sexual Offences Act 2003) Sexual assault of a child under 13 (section 7 of the Sexual Offences Act 2003) Causing or inciting a child under 13 to engage in sexual activity (section 8 of the Sexual Offences Act 2003) Sexual activity with a child (section 9 of the Sexual Offences Act 2003) Causing or inciting a child to engage in sexual activity (section 10 of the Sexual Offences Act 2003) Engaging in sexual activity in the presence of a child (section 11 of the Sexual Offences Act 2003) Causing a child to watch a sexual act (section 12 of the Sexual Offences Act 2003) Child sex offences committed by children or young persons (section 13 of the Sexual Offences Act 2003) On indictment - 10 On indictment - 10 On indictment - 10 On indictment - 10 On indictment - 10 On indictment

24 Arranging or facilitating commission of a child sex offence (section 14 of the Sexual Offences Act 2003) Meeting a child following sexual grooming etc. (section 15 of the Sexual Offences Act 2003) Abuse of position of trust: sexual activity with a child (section 16 of the Sexual Offences Act 2003) Abuse of position of trust: causing or inciting a child to engage in sexual activity (section 17 of the Sexual Offences Act 2003) Abuse of position of trust: sexual activity in the presence of a child (section 18 of the Sexual Offences Act 2003) Abuse of position of trust: causing a child to watch a sexual act (section 19 of the Sexual Offences Act 2003) Sexual activity with a child family member (section 25 of the Sexual Offences Act 2003) Inciting a child family member to engage in sexual activity (section 26 of the Sexual Offences Act 2003) Sexual activity with a person with a mental disorder impeding choice (section 30 of the Sexual Offences Act 2003) On indictment - 10 On indictment - 5 On indictment - 5 On indictment - 5 On indictment - 5 (offender aged 18+) On indictment 14 (offender under 18) On indictment 5 (offender aged 18+) On indictment - 14 (offender under 18) On indictment - 5 On indictment 14 24

25 Causing or inciting a person with a mental disorder impeding choice to engage in sexual activity (section 31 of the Sexual Offences Act 2003) Engaging in sexual activity in the presence of a person with a mental disorder impeding choice (section 32 of the Sexual Offences Act 2003) Causing a person with a mental disorder impeding choice to watch a sexual act (section 33 of the Sexual Offences Act 2003) Inducement, threat or deception to procure sexual activity with a person with a mental disorder (section 34 of the Sexual Offences Act 2003) Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception (section 35 of the Sexual Offences Act 2003) Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder (section 36 of the Sexual Offences Act 2003) Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception (section 37 of the Sexual Offences Act 2003) Care workers: sexual activity with a person with a mental disorder (section 38 of the Sexual Offences Act 2003) Care workers: causing or inciting sexual activity (section 39 of the Sexual Offences Act 2003) Care workers: sexual activity in the presence of a person with a mental disorder (section 40 of the Sexual Offences Act 2003) Care workers: causing a person with a mental disorder to watch a sexual act (section 41 of the Sexual Offences Act 2003) On indictment - 10 On indictment - 10 On indictment - 10 On indictment - 10 On indictment - 10 On indictment - 10 On indictment - 7 On indictment

26 Paying for sexual services of a child (section 47 of the Sexual Offences Act 2003) Causing or inciting child prostitution or pornography (section 48 of the Sexual Offences Act 2003) Controlling a child prostitute or a child involved in pornography (section 49 of the Sexual Offences Act 2003) Arranging or facilitating child prostitution or pornography (section 50 of the Sexual Offences Act 2003) Causing or inciting prostitution for gain (section 52 of the Sexual Offences Act 2003) Controlling prostitution for gain (section 53 of the Sexual Offences Act 2003) Trafficking into the UK for sexual exploitation (section 57 of the Sexual Offences Act 2003) Trafficking within the UK for sexual exploitation (section 58 of the Sexual Offences Act 2003) Trafficking out of the UK for sexual exploitation (section 59 of the Sexual Offences Act 2003) (if child under 13) (if child under 16) (if child under18) On indictment

27 Administering a substance with intent (section 61 of the Sexual Offences Act 2003) Committing an offence with intent to commit a sexual offence (section 62 of the Sexual Offences Act 2003) Trespass with intent to commit a sexual offence (section 63 of the Sexual Offences Act 2003) Sex with an adult relative: penetration (section 64 of the Sexual Offences Act 2003) Sex with an adult relative: consenting to penetration (section 65 of the Sexual Offences Act 2003) Exposure (section 66 of the Sexual Offences Act 2003) Voyeurism (section 67 of the Sexual Offences Act 2003) Intercourse with an animal (section 69 of the Sexual Offences Act 2003) Sexual penetration of a corpse (section 70 of the Sexual Offences Act 2003) aiding, abetting, counselling, procuring or inciting the commission of an offence specified in this Part of this Schedule, conspiring to commit an offence so specified, or (c) attempting to commit an offence so specified. On indictment - 10 On indictment - 10 On indictment - 10 On indictment - 2 On indictment - 2 On indictment - 2 On indictment - 2 On indictment - 2 On indictment - 2 Same as substantive offence Same as substantive offence Same as substantive offence 27

28 APPENDIX B REFERRAL CHART FOR PROGRESSION FROM LEVEL 1 TO LEVEL 3 RISK MANAGEMENT CATEGORY 1 CATEGORY 2 CATEGORY 3 Level 1 Level 1 Not available Risk Management Risk Management MAPPA Referral Form (Police) to Probation District Unit MAPPA Referral Form (Probation) to Probation District Unit MAPPA Referral Form (any agency) to Probation District Unit Level 2 Level 2 Level 2 Risk Management Risk Management Risk Management Risk level Risk increases. level increases. Risk imminent. Complexity of case increases. Issues notified to chair Risk increases. Risk imminent. Complexity of case increases. Issues notified to chair Chair Chair Chair Rick increases. Risk imminent. Complexity of case increases. Issues notified to chair Either convenes urgent RMM or refers to Probation District Manager for level 3 Risk Management Either convenes urgent RMM or refers to Probation District Manager for level 3 Risk Management Either convenes urgent RMM or refers to Probation District Manager for level 3 Risk Management 28

29 APPENDIX C MAPPA/NON MAPPA PROCEDURES FOR REFERRING AGENCIES Level One Ordinary Risk Management Does not require active involvement of more than one agency If yes Nominated person to make referral to Probation District Manager (completing MAPPA Referral Form) Level Two Local Inter-Agency Risk Management Meeting (RMM) Active involvement of more than one Agency is required. Risk management plan devised. Concern raised regarding an Individual within an agency Information Gathering. Agency to hold information sharing meeting in order to obtain full information to assess the risk that the individual poses Is referral into the Multi- Agency Public Protection Arrangements (MAPPA) appropriate? If no (does not fit criteria and not considered to pose risk of harm to the public) No further action Level Three Multi-Agency Public Protection Panel (MAPPP) Active involvement of more than one agency required, but representation from agencies needs to be at senior management level. Risk management plan devised. No further action Contact Numbers. If no (does not fit criteria) BUT is considered to present a risk of serious harm to the public Non MAPPA procedures apply Nominated person to make referral to Detective Inspector at relevant Public Protection Unit using non- MAPPA Referral Form. Information gathered and decision made as to whether risk management required (all defensible decisions recorded) Ordinary Risk Management advised Inter-Agency Risk Management required. SPECIAL CASE CONFERENCE will be convened to which relevant agencies will be invited. See separate sheets 29

30 FORM 1 NAME D.O.B RESTRICTED MAPPA REFERRAL Multi Agency Public Protection Arrangements Criminal Justice and Court Services Act 2000 ALIAS ADDRESS Fax to District Manager of the Probation Area in which the subject of this referral is living PREVIOUS ADDRESS (if applicable) CRO NUMBER (if known) CRAMS (if known) PNC ID (if known) ANY OTHER REF NO STATUS (circle relevant category) Category 1 Registered Sex Offender (convicted or cautioned since 1 st September 1997 or in custody for a like offence at that point in time) Category 2 Violent or other Sex Offender (sentenced to 12mths or more imprisonment since 1 st April 2001 or in custody for a relevant offence at that time and subject to postrelease licence) Category 3 Other offender (must have conviction for a relevant offence and must be considered by Responsible Authority to pose a *risk of serious harm to the public) * Risk of serious harm can be defined as a risk which is life-threatening and/or traumatic, and from which recovery, whether physical or psychological, can be expected to be difficult or impossible. AGENCY MAKING REFERRAL NAME OF REFERRER AGENCY RAISING CONCERN IF DIFFERENT FROM ABOVE DATE OF REFERRAL CONTACT TEL NO Relevant Offence (Please give detail of sexual and/or violent offence) 30

31 Current Information Please give details of why you are referring the individual concerned to MAPPA at this point in time and detail why you consider that the person poses a current risk of serious harm. N.B. Risk of serious harm can be defined as a risk which is life-threatening and/or traumatic, and from which recovery, whether physical or psychological, can be expected to be difficult or impossible. 1. Reason for referral? 2. Who is identified as being at risk? 3. What is the nature of the risk? 4. Imminency of the risk? 5. Additional relevant information? 31

32 Names and full contact details of other agencies to be invited to the meeting. These should be individuals who will be able to contribute to the assessment and management of the risk. Date Completed/ Faxed Signed PRINT NAME Supervisors Authorisation Signed Dated 32

33 Guidance on attending meetings under the Multi Agency Public Protection Arrangements (MAPPA) Glossary Level 3 MAPPP Level 2 RMM ISM Multi Agency Public Protection Panel (for offenders assessed as requiring active inter-agency risk management at senior level). Risk Management Meeting (for offenders assessed as requiring active inter-agency risk management by practitioners and middle managers). Information Sharing Meeting. A one-off inter-agency meeting to assess risk and decide if the individual needs further active management and if so at what level. Who is invited All agencies represented at the meetings should be involved in actively managing the risk. The meetings are not to be used as an opportunity to gather information and this may, therefore, preclude some individuals attendance e.g. Guardians ad Litem Please do not invite colleagues to accompany you without prior permission of the Chair. Given the confidential nature of these meetings students should not attend as part of their training unless they are directly involved in supervising the case. The subject of the meeting is not invited. Format of meetings All agencies will be asked to sign a confidentiality declaration which includes the following statement : The persons listed below have attended this MAPPP/RMM and have agreed that the overriding principle in MAPPP/RMM is public protection, and therefore accept that matters discussed at this Panel/Meeting will remain confidential within the organisation attending unless otherwise agreed by the MAPPP/RMM. Information obtained at the MAPPP/RMM must not be disclosed unless that disclosure has been authorised by the MAPPP/RMM and forms 33

34 part of the Risk Management Plan. Minutes of a MAPPP/RMM may be disclosed upon the order of a Judge. The Police and the Probation Service have agreed that where an offence is alleged to have been committed but there is insufficient evidence to proceed it is not unlawful to release information but it must be done with a clear indication that there has not been a conviction nor has the evidence been tested in Court. Where an offence is charged the Senior Investigating Officer will be invited to attend and he/she will liaise with Crown Prosecution Service re disclosure. In these circumstances, the Police may only release basic information. Detailed information can only be released with consent of Crown Prosecution Service. Please diary two hours for an initial meeting. Subsequent meetings should be shorter depending on the complexities of the issues being discussed. Please bring a short written report to the meeting which includes details of:- 1. your agencies involvement 2. your agencies assessment of the risk the person poses, to include the imminency of the risk 3. any additional information pertinent to the assessment and management of risk At the first meeting it will be decided whether or not the subject of the meeting is to be told about their inclusion in the MAPPA please do not inform them unless it is agreed at the meeting and you are designated to do so. Minutes will be sent to the address you supply in the confidentiality statement. Please include the full address to which the minutes should be sent. A limited number of agencies can receive these electronically depending on the security of their address. Queries Should you have any further queries about the meeting you have been invited to, please telephone the sender of the invitation. 34

35 FORM 2 RESTRICTED NON-MAPPA REFERRAL Fax to Det Inspector of the Police Public Protection Unit covering the area in which the subject of this referral is living Procedures for referral of cases which do not fit the Multi-Agency Public Protection Arrangements Crime & Disorder Act 1998 NAME D.O.B ALIAS ADDRESS PREVIOUS ADDRESS (if applicable) CRO NUMBER (if known) CRAMS (if known) AGENCY MAKING REFERRAL PNC ID (if known) ANY OTHER REF NO NAME OF REFERRER AGENCY RAISING CONCERN IF DIFFERENT FROM ABOVE DATE OF REFERRAL CONTACT TEL NO ANY PREVIOUS CONVICTIONS yes/no. If yes complete below if known Current Information Please give details of why you are referring the individual concerned to Non-MAPPA at this point in time and detail why you consider that the person poses a current risk of serious harm. N.B. Risk of serious harm can be defined as a risk which is life-threatening and/or traumatic, and from which recovery whether physical or psychological, can be expected to be difficult of impossible. 35

36 1. Reason for referral? 2. Who is identified as being at risk? 3. What is the nature of the risk? 4. Imminency of the risk? 36

37 5. Additional relevant information? 37

38 Names and full contact details of other agencies to be invited to the meeting. These should be individuals who will be able to contribute to the assessment and management of the risk. Date Completed/ Faxed Signed PRINT NAME Supervisors Authorisation Signed Dated 38

39 1. Northumbria MAPPA Unit CONTACT DETAILS Wynne McLean Area Manager Public Protection National Probation Service Northumbria MAPPA Unit, Block 45 Northumbria Police Headquarters Ponteland Newcastle upon Tyne NE20 0BL Tel: Fax Jackie Coleman Detective Sergeant Northumbria Police MAPPA Unit, Block 45 Northumbria Police Headquarters Ponteland Newcastle upon Tyne NE20 0BL Tel: Fax: Amanda Love MAPPA Manager National Probation Service Northumbria MAPPA Unit, Block 45 Police Headquarters Ponteland Newcastle upon Tyne NE20 0BL Tel: Fax:

40 2. Police Area Commands NAME TELEPHONE NUMBER SWITCHBOARD FAX NUMBER ADDRESS DI Paul Foggin Sunderland Area DI Arthur Cowell South Shields DI Shaun Tumelty Gateshead DI Nigel Wilkinson North Shields DI Peter Reeve Newcastle DI Chris Walker Northumberland Ext Farringdon Hall Police Station Primate Road Sunderland SR3 1TQ Ext Jarrow Police Station Clervaux Terrace Jarrow NE32 5UP Ext Whickham Police Station Front Street Whickham NE16 4HE Ext Unicorn House Suez Street North Shields NE30 1BB Ext Etal Lane Police Station Etal Lane Westerhope Newcastle upon Tyne NE5 4ZW Ext Bedlington Police Station Schalksmühle Road Bedlington NE22 7LA 40

41 3. Probation District Units NAME TELEPHONE NUMBER FAX NUMBER ADDRESS Jan Kelly District Manager North of Tyne District Unit Newcastle Area Karin Harper District Manager North of Tyne District Unit Northumberland and North Tyneside Area Maureen Gavin District Manager South of Tyne District Unit Gateshead and South Tyneside Area Ian Sammut Smith District Manager South of Tyne District Unit Sunderland and Wearside Area Lansdowne Terrace Gosforth Newcastle upon Tyne NE3 1HW Lansdowne Terrace Gosforth Newcastle upon Tyne NE3 1HW Warwick Street Gateshead NE8 1PZ Warwick Street Gateshead NE8 1PZ 41