Directorate for Safer Communities
T: 0131-244 2261 F: 0131-244 2666
Directorate for Health and Social Care Integration
Reshaping Care and Mental Health Division
T: 0131-244 2510 F: 0131-244 2846
Directorate for Justice
Community Integration Unit
T: 0131 244 3514 F: 0131 244 3548
Justice and Communities Circular
12 January 2012
To all copyees as per Annex
STATUS: - IMMEDIATE - ACTION REQUIRED
SECTIONS 10 AND 11 OF THE MANAGEMENT OF OFFENDERS ETC. (SCOTLAND) ACT 2005: - Multi Agency Public Protection Arrangements (MAPPA) National Guidance 2012 Version 1
1. This Circular contains the 2012 version of the MAPPA Guidance issued by Scottish Ministers under section 10(6) of the Management of Offenders etc (Scotland) Act 2005. This Guidance has been developed by the Scottish Government in conjunction with the responsible authorities.
Responsibilities within the Scottish Government
2. Lead responsibility within the Scottish Government for the MAPPA policy and Guidance lies with the Sex Offender Strategy Team ( SOST) within the Safer Communities Directorate. The SOST is responsible for policy in relation to sex offenders and works to ensure the delivery of public protection arrangements to protect communities from the risks posed by this group of offenders. The SOST is responsible for keeping the MAPPA Guidance under review to identify areas for further update and to bring forward proposals to enhance current arrangements.
3. Scottish Ministers retain certain responsibilities under the Mental Health (Care and Treatment) (Scotland) Act 2003 in respect of the risk management of restricted patients. Officials in the Reshaping Care and Mental Health Division in the Scottish Government Directorate for Health and Social Care Integration will continue to exercise their responsibilities in support of Scottish Ministers and in addition will be responsible for maintaining information on the ViSOR system in respect of these patients.
4. Responsibility for throughcare policy and work to bring violent offenders (as per s.10(1)(b) of the Management of Offenders etc (Scotland) Act 2005) into the MAPPA continues to be led by Community Justice Services Division within the Criminal Justice Directorate.
5. The following areas have been revised or added to the Guidance.
Risk Assessment and Risk Management
6. Chapter 7 of the Guidance has been reviewed and updated by the Risk Management Authority to reflect developments in this field.
National Accommodation Strategy for Sex Offenders ( NASSO)
7. Chapter 11 of the MAPPA Guidance reflects the development of the NASSO, the latest version of which has been published on the Scottish Government website.
Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011
8. Chapter 16 details the requirements of the review process for sex offenders required to notify indefinitely under the terms of the 2011 Order.
Significant Case Reviews ( SCRs)
9. Chapter 20 and Annex 9 of the Guidance detail the new processes and notification procedures to be followed in respect of SCRs.
10. The MAPPA Guidance now contains, at Annex 3 a revision of the statistics which will be collected annually in line with the requirements of Section 11 (3) (b) of the Management of Offenders etc. (Scotland) Act 2005. These statistics have been revised to reflect the evolution of policy, legislation and practice and to reduce the bureaucratic burden on MAPPA coordinators.
Sexual Offences Prevention Orders
11. Annex 7 of the Guidance reflects the further legislative developments in respect of civil orders such as SOPOs. Section 100 of the Criminal Justice and Licensing (Scotland) Act 2010 brought into effect positive obligations for these orders.
12. The document set attached to this Guidance has been adapted to enable it to be easily transferred onto ViSOR. The Model Minute Template and Risk Management Plan has been reviewed to reflect updated processes such as FRAME and LS/ CMI, albeit the complete document set will be subject to ongoing review by the Risk Management Authority in conjunction with the Association of Chief Police Officers Scotland and the Association of the Directors of Social Work. Similarly, the restricted patient document set is be reviewed by the MAPPA Health leads.
13. The MAPPA National Guidance 2012 will be published on the Scottish Government website at 2 pm on Thursday, 12 January 2012. This replaces all other versions of the Guidance.
14. If you have any queries regarding the MAPPA Guidance, please address these with the Scottish Government SOST at:Scottish Government
Sex Offender Strategy Team
St Andrew's House
Tel No 0131 244 2355
Kerry Morgan, Head of Sex Offender Strategy Team, Police Division.
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
Chairs of MAPPA Strategic Oversight Groups
Lead Officers for Throughcare
Chief Officers CJAs
Risk Management Authority
Parole Board, Executive
Chief Executives, NHS Boards
Chief Executive, The State Hospitals Board for Scotland
Medical Directors [to cascade to Senior Health Records Managers, Caldicott Guardians and Data Protection Officers]
British Psychological Society, Scottish Division
Chief Executive, Mental Health Tribunal for Scotland
Chief Executive, NHS Education for Scotland
Chief Executive, NHS National Services Scotland
Chief Executive, NHS Quality Improvement Scotland
Director, Mental Welfare Commission for Scotland
Medical Director, Forensic Network
Responsible Medical Officers for restricted patients
Royal College of Nursing, Scottish Division
Royal College of Psychiatrists, Scottish Division
Scottish Commission for the Regulation of Care