Criminal Justice Directorate Directorate
Community Justice Services Division
T: 0131-244 3514 F: 0131-244 3548
Criminal Justice Directorate Circular 15/2006
(Third Version September 2007)
NHSCEL (2007) 8
Healthcare Policy and Strategy
Mental Health Division
T: 0131-244 2510 F: 0131-244 2846
26 September 2007
Directors of Social Work
Chief Executive, Scottish Prison Service, for Prison Governors
Chief Executives, Local Authorities
Directors of Housing/Community Services
Chief Social Work Officers
MAPPA Implementation Group Contacts
MAPPA Working Group
Criminal Justice Managers
Lead Officers for Throughcare
ACPOS Sex Offender Units
Visor Implementation Team
Chief Officers CJAs,
Liaison Officers CJAs
Duty to Cooperate Working Group including:
CoSLA, SFHA, CIHS, SACRO, SCRA, ADES
National Accommodation Strategy Working Group
Chief Executive, SFHA
SE Development Department, SE Education Department
Risk Management Authority, HMIC, HMIP, SWIA,
Secretary to Parole Board,
Health Department Duty to Cooperate Working Group
Health contacts (distribution as HDL(2007)19)
Our ref: Erdm ID F1020703
STATUS: - IMMEDIATE - ACTION REQUIRED
SECTIONS 10 AND 11 OF THE MANAGEMENT OF OFFENDERS ETC, (SCOTLAND) ACT 2005:-
IMPLEMENTATION OF THE MULTI AGENCY PUBLIC PROTECTION ARRANGEMENTS ( MAPPA) IN SCOTLAND
1. This is the third version of Justice Department Circular 15/2006 containing the MAPPA Guidance issued by Scottish Ministers under section 10(7) of the Management of Offenders etc (Scotland) Act 2005. This guidance has been developed in conjunction with the agencies that form the MAPPA Working Group.
2. The first version of Circular 15/2006 was issued on 2 October 2006. It was revised on 13 March 2007 and an Addendum was also issued on 30 April 2007 to allow agencies to commence using the standardised notification, referral and minute templates.
3. This third version now incorporates these standardised templates (see Annexes), Part 8 on the duty to cooperate and information sharing in relation to Health services, Part 9 on Strategic Management, Performance Management and Quality Assurance of the MAPPA, Part 10 on transfer of MAPPA cases and a model Annual Report at Annex I.
4. Further minor amendments and clarifications are also covered below and reflected in the revised guidance.
Paragraph 14 - Prison Service attendance at Level 2 meetings
5. Part 2, paragraph 14 explains the process for referrals from the Scottish Prison Service to the MAPPA, the importance of the ICM case conference in developing a community focused risk management plan and crucially the importance of relevant information being provided by the prison to the MAPPA. Whilst it was not envisaged that there would be routine SPS representation at level 2 meetings, there will be occasions where the nature of the case might require direct or additional input from the SPS. In those cases the MAPPA coordinator should make contact with the appropriate SPS representative to request attendance at the MAPPA meeting for that particular case or for a video or telephone conference to take place during the MAPPA meeting. If neither of the above is possible, the coordinator should discuss the case with the SPS representative and request that a further report should be provided covering the required information.
6. Part 2, paragraph 23 has been amended following a request for clarification by the Scottish Prison Service about the process which should be followed for prisoners currently serving sentences of under 4 years for non-analogous offences but who have previous convictions for sexual offences. The amendment clarifies that wherever possible, and as a matter of best practice, pre-release meetings should be arranged to ensure that issues which might affect the prisoner's reintegration into the community are addressed. It is important that the SPS takes steps to engage with other agencies as there may have already been police, criminal justice social work or other social work involvement with the above category of prisoners pre-admission. Alternatively, the involvement of these agencies might be required post release. In either case, SPS has a significant role, as a responsible authority, in taking matters forward prior to release.
7. There should be pre release liaison by SPS with the police - as the responsible authority for the prisoner post release - and the relevant SOLO at the earliest possible stage in the process in order to address accommodation issues. The ICM process is designed to identify accommodation issues soon after admission (via Core Screen) and contact with the SOLO is particularly important if a short term prisoner has accommodation problems and/or risks losing his/her tenancy because of imprisonment. Additionally, criminal justice social work would also have a role to play in providing voluntary aftercare for this group of high priority prisoners, if such a service is requested.
8. Part 2, paragraph 29 clarifies the position around the SPS responsibility to engage with other agencies in advance of the granting of home leave to prisoners. JD Circular 01/2007 provides the details of the roles and responsibilities and process to be followed in relation to home leave.
Part 8 - Health
9. Part 8 now reflects the work undertaken with the Healthcare Policy and Strategy Directorate to define the roles and responsibilities of Health services in the MAPPA. The Health service is under a wider duty to cooperate in the joint arrangements for managing and assessing risk from those offenders who fall within the categories prescribed in the legislation but who are not restricted patients. These provisions were commenced in respect of sex offenders subject to the notification arrangements on 2 April 2007.
10. Health services will be a responsible authority in respect of restricted patients who also fall within the defined categories of offender in section 10 of the Management of Offenders (Scotland) Act 2005. These provisions have not yet commenced and further guidance will follow once the revised guidance on the Care Programme Approach has been issued.
11. NHSHDL (2007) 19 issued 28 March 2007 requested Health Boards to appoint MAPPA Health representatives at senior clinician and senior manager level and to commence work on identifying convicted sex offenders in the hospital system who would be subject to MAPPA from 2 April 2007. MAPPA Implementation Groups should be engaging with Health partners on the development of the memorandum of understanding and protocols.
12. This revised Guidance will be placed on the Scottish Government website and an up to date list of MAPPA co-ordinators and representatives from each area will be held on the web and available at http://www.scotland.gov.uk/Publications/2007/08/Contacts.
13. An Appendix to Part 8 includes details of health representatives on MAPPA Implementation Groups who have already been identified. We would be grateful if any changes to this list could be notified to firstname.lastname@example.org and copied to email@example.com
Part 9 - Strategic Management, Performance Management and Quality Assurance
14. It is crucial that arrangements are put in place between the responsible authorities at a senior and strategic level to meet the requirements of section 11 of the legislation to review the operation of the arrangements. The purpose of Part 9 is to assist in the development of the strategic management function and the Performance Management and Quality Assurance tasks which need to be built into the MAPPA process.
Part 10 - Transfer of MAPPA Cases
15. The purpose of Part 10 is to clarify the arrangements for transfer of offenders, subject to MAPPA, between areas in Scotland and in cross border cases.
Annexes E and H - Risk Management Authority ( RMA) Definition of Risk of Serious Harm
16. Annexe E on Risk Assessment and Management has been updated by the Risk Management Authority. The MAPPA meeting template ( Annex H) has also been revised to reflect the amendment by the RMA of the risk of serious harm and related definitions. Please ensure that this revised template is now used rather than the version issued with the Addendum on 30 April 2007.
Proposed Annual Report Structure - Annex I
17. The template at Annex I provides guidance on the preparation of the Annual Report and the required statistical information in line with section 11 of the Management of Offenders (Scotland) Act 2005. Responsible Authorities should ensure that data collection systems are in place to ensure that the required information is readily accessible and can be provided to the MAPPA Coordinator for collation into the first Annual Report which will cover the period up to April 2008. MAPPA coordinators should also ensure they have access to the reporting mechanisms contained in VISOR to assist in the collection of statistical information.
Duty to Cooperate
18. The last version of the guidance requested that MAPPA Implementation Groups take forward work to develop the memorandum of understanding and the protocols on information sharing required to support the duty to co-operate.
19. Implementation groups are reminded that the model memorandum in Part 6 is a template showing the format and areas to be covered by the memorandum. This model has to be populated by the responsible authorities and the duty to cooperate agencies to reflect how the arrangements will be delivered locally. The development of the memorandum and protocols on information sharing must therefore be taken forward in consultation with the duty to cooperate agencies to ensure a partnership approach.
20. In developing the protocols on information sharing between the responsible authorities, Sex Offender Liaison Officers ( SOLOs) and housing providers, your attention is drawn to the Annex to the National Accommodation Strategy for Sex Offenders ( NASSO) at Part 6 which sets out the standard information to be included.
21. Experience since the introduction of the Multi Agency Public Protection Arrangements has highlighted the need for more work to be undertaken within the MAPPA Working Group in developing guidance which will strengthen and clarify the interaction between Integrated Case Management, the Parole Board and the MAPPA.
22. In advance of further guidance and from discussion with the Parole Board Executive you are asked to note the following:
In recommending to Scottish Ministers the licence conditions for offenders, the Parole Board takes into account information from the prisoner's dossier which includes information from the prison service, community based social work, outputs from the pre-release planning arrangements from the Integrated Case Management process and any representations made by the prisoner in relation to the information received from these sources. If particular licence conditions are requested or suggested by, for example, community based social work, an explanation requires to be given for each condition requested or suggested. This is because, in accordance with Human Rights legislation, the Parole Board can only recommend the attachment of any condition which would be in accordance with the law, it has a lawful aim and it would be a proportionate means of achieving that aim. Any condition also has to be specific (so that the offender knows exactly what he and others are required to do and not do) and enforceable. It is expected during this process that recommendations in the dossier are informed by the results of risk assessment and supported by risk management plans which will provide interventions and supports to the offender on release in the community and have due regard to public protection. During the period of supervision, if the nature of the risk or other factors in the management of the offender change and require a review of the licence conditions, the request must be supported by detailed justification for the change. This is for the same reasons that a justification requires to be given when licence conditions are being requested on initial release as described above. Such requests should be submitted in accordance with normal timescales to the Parole and Life Sentence Review Division in the Scottish Government and not directly to the Parole Board.
Because of their confidentiality, MAPPA minutes should not, as a matter of routine be sent direct to the Parole Board, but via Scottish Ministers. If there are cases where a request for a change in conditions of licence would be assisted by information from the MAPPA then, where possible, it can be of benefit for the Board to see the complete narrative. For cases that do not involve a Tribunal of the Board, under Rule 6 of the Parole Board Rules, there is provision, subject to certain conditions, for a non-disclosure notice to be issued by Scottish Ministers informing the prisoner that certain information had been withheld, and giving the prisoner insofar as is practicable without prejudicing the purposes for which the information is not disclosed, the substance or gist of the damaging information. The Rule also applies to the Parole Board who may also issue such a notice. If the conditions of Rule 6 are not met, then all the information given to the Board must be disclosed to the prisoner.
For cases involving a Tribunal, it should be noted that the provisions of Rule 6 of the Parole Board Rules do not currently apply. Thus it should be noted that in such cases any material provided to the Board must also be provided to the prisoner.
Freedom of Information ( FOI) Requests
23. MAPPA Coordinators should note that Freedom of Information ( FOI) requests should be handled by the receiving agencies in the normal manner. Where the request comes directly to the MAPPA coordinator and the information requested is held on ViSoR, the request should be forwarded to the relevant police force for action.
24. Training for MAPPA chairs and coordinators on risk assessment and management took place on 7 September 2007. Another course is being held on 28 September 2007 and further consideration will be given to holding a further course if interest is noted.
25. If you have any queries regarding the MAPPA Guidance, please address these to your representative on the MAPPA Working Group in the first instance. The contact details for members are provided below.
Sharon Grant ,Criminal Justice Directorate
Geoff Huggins, Healthcare Policy and Strategy Directorate