4 Identification and Notification of Offenders
This chapter establishes the statutory requirements for each responsible authority to identify all MAPPA offenders and to make the necessary notification.
Identification of Offenders
1 The identification of the offenders who fall within the MAPPA is the critical first stage. This guidance sets out the legislative framework and model to identify relevant offenders.
2 Section 10 (1) (a-e) of the Management of Offenders etc. (Scotland) Act 2005 sets out three broad categories of offender who can be subject to MAPPA:
- Category 1: Offenders subject to the Sex Offender Notification Requirements (SONR)
- Category 2: Violent offenders
- Category 3: Other offenders
3 Entry to the MAPPA is established by the category of offender. The responsible authority must be clear as to which category of offender fall within the remit of the MAPPA at any particular time, regardless of the level at which they will be managed. This includes the arrangements for the management of restricted patients.
CATEGORY 1 - Sex Offenders subject to SONR:
4 This category relates to offenders who are required to comply with the SONR set out in Part 2 of the Sexual Offences Act 2003 (the 2003 Act). When a person is convicted of an offence listed in Schedule 3 of the 2003 Act, they automatically become subject to the SONR. Those made subject to a Sexual Offences Prevention Order (SOPO) or are convicted of a breach of a Risk of Sexual Harm Order (RSHO), are automatically required to comply with the SONR.
5 The SONR are set out fully in Part 2 of the 2003 Act and the regulations made thereunder.
6 Section 82 of the 2003 Act sets out the period of time an offender is required to comply with the notification requirements.
CATEGORY 2 - Violent Offenders:
7 A violent offender is defined in legislation as someone who has been convicted on indictment of an offence inferring personal violence and is subject to a community payback order imposed under section 227A of the Criminal Procedure (Scotland) Act 1995 (c.46) imposing an offender supervision requirement (within the meaning given by section 227G(1) of that Act) whether alone or along with any other requirement, or will be on release from prison, subject to statutory supervision in the community.
8 The arrangements for category 2 offenders have not been commenced in Scotland. As such this category of offender are not currently included within MAPPA and these offenders are managed by the local authority (Criminal Justice Social Work (CJSW)) and Scottish Prison Service (SPS) as part of their wider statutory responsibilities.
CATEGORY 3 - Other Offenders:
9 This category relates to offenders not in Category 1 or 2, who have been convicted of an offence and, by reason of that conviction, are considered by the responsible authorities to be a person who may cause serious harm to the public at large. The arrangements for category 3 offenders have not been commenced in Scotland but are the subject of continuing development.
MENTALLY DISORDERED OFFENDER - Restricted Patients:
10 The term 'restricted patient' is used in this guidance. For clarity any patient subject to any of the following orders or directions comes within the remit of MAPPA legislation and procedures:
- Patients who are detained following conviction under section 57A and section 59 of the Criminal Procedure (Scotland) Act 1995;
- Patients who are detained under section 57(2)(a) and (b) of the Criminal Procedure (Scotland) Act 1995 Compulsion order with a Restriction Order following a finding of unfitness for trial or acquittal by reason of mental disorder; and
- Prisoners detained in hospital on a Hospital Direction under section 59A of the Criminal Procedure (Scotland) Act 1995 or a transferred prisoner on a Transfer for Treatment Direction under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003.
11 It should be noted that category 1 offenders who require mental health intervention but who are not categorised as mentally disordered restricted patients under the 2005 Act will fall under the NHS Health Boards DTC. Such offenders will be managed by either the local authority or the police as appropriate. More information on restricted patients is available at chapter 14.
Identification of offenders and the role of the Scottish Court Service:
12 When an offender is subject to the SONR, the Court is required to issue the offender with a certificate of conviction or finding and a notice of requirement to register.
13 A copy of both the certificate of conviction and the notice of requirement to register must be copied to the police and also the relevant local authority, and must be attached to any extract warrant for imprisonment or detention in hospital.
Notification of Offenders
15 The following paragraphs outline the notification process for custodial and non-custodial cases and the timescales in which such notifications should take place. Further timescales are included in chapter 6 in relation to the subsequent stages of the MAPPA process.
16 When identified the details of all relevant offenders must be notified to the coordinator by the lead responsible authority for recording, regardless of the level at which they will be managed, and regardless of whether they are serving a custodial sentence, or a community based sentence. The MAPPA coordinator will maintain an accurate record of the numbers of offenders being managed by the responsible authorities in that area.
17 Notification will be made using the notification form contained in the document set to this guidance. The notification should be recorded on the Violent and Sex Offender Register (ViSOR) within an activity log. The form should contain sufficient information to support the rationale for management at the suggested MAPPA Level.
18 Many notifications result from a sentence of imprisonment. The SPS Integrated Case Management system (ICM) helps to ensure that offenders who will be subject to MAPPA are more readily identified at the point of sentence.
19 For those prisoners subject to SONR, but not to statutory supervision by CJSW in the community following release, or serving a custodial sentence for a non-sexual offence, SPS should make an immediate notification to the MAPPA coordinator at the point of imprisonment. SPS must also notify the police of the prisoner's impending release.
20 For those prisoners subject to statutory supervision by CJSW upon release into the community, SPS will give a notification (and/or referral where appropriate) to the MAPPA coordinator. This will be done within ten working days of the annual ICM case conference preceding the prisoner's Parole Qualifying Date. A confirmed notification/referral will be sent to the MAPPA coordinator within ten working days of SPS having received notification of the Parole Board's decision. Further information on the Parole Board is available at chapter 14. For those who are not granted parole, SPS will send the coordinator confirmation of the decision as soon as possible following the pre-release ICM case conference.
Community sentence and other notifications:
21 To ensure that all identified offenders are included within MAPPA, the lead responsible authority with knowledge of the relevant offender, must make a notification to the relevant MAPPA coordinator for the owning CJA area, not later than three working days of the community disposal being determined by the Court.
22 For those subject to statutory supervision, notification should be made by the local authority (CJSW) to the MAPPA coordinator. For those offenders receiving a community disposal but there is no active management by CJSW, then the police are the responsible authority.
23 For offenders whose risks are likely to be managed at Level 1 the notification should be made not later than three working days from the receipt of the community disposal.
24 Notifications for those who are deemed to fall into Level 2 or 3 should be made as a matter of urgency to allow arrangements to be made for MAPPA involvement, but in any case not later than three working days from the receipt of the disposal.
25 The MAPPA coordinator for the area of the CJA is the Single Point of Contact (SPOC) for all notifications. They must place an entry on ViSOR within an activity log and include the MAPPA level at which the offender will be managed.
Email: Gus MacDonald