Multi-Agency Public Protection Arrangements (MAPPA): national guidance

Annex 7: Transfer of MAPPA Cases

1. Individuals subject to MAPPA may on occasion transfer location. This is may be between local authorities in Scotland or nationally across the UK. The latter is known as a cross-border transfer.

Transfer Principles

2. The following principles should be applied in all transfer cases:

• The over-riding consideration in relation to case transfers should be the protection of the public.
• The need to consider the wider picture - there may be benefits in transferring the individual out of a particular area, e.g. potential impact on victim(s).
• The need to ensure that, where national standards for reporting and enforcement apply, these are maintained regardless of the transfer.
• The provision of seamless supervision of individuals in the community.
• The sharing of relevant information when the individual transfers.

Individuals transferring within Scotland

Transfer for individuals subject to MAPPA and statutory supervision

3. Where an individual subject to MAPPA and also subject to statutory supervision is seeking to move between local authorities in Scotland it will be for community based Justice Social Work (JSW) in the individual's current local authority area to manage this move in consultation with their colleagues in the receiving local authority area.

4. The decision as to whether the individual should be transferred will be taken by JSW. They should consult with colleagues in other agencies to assist in their decision making but it remains a JSW decision. It is important that the supervising officer ensures that the police are aware of the request to move address and are consulted as part of the decision making process.

5. Where an individual is subject to an order/licence with restrictive conditions, MAPPA can have an important role to play in ensuring that transfers are conducted so that risks are managed effectively. Please also refer to paragraph 8 for information about amending the individual's licence conditions.

6. As well as the overriding transfer principles (at paragraph 2 of this Annex), the following factors should also be considered:

• Home visits: Whenever an individual subject to MAPPA seeks to change their address, a home visit must be undertaken by the receiving area prior to transfer to ensure that it is a suitable address.
• o Where the individual is subject to the Sex Offender Notification Requirements (SONR) then an Environmental Risk Assessment (ERA) in line with the National Accommodation Strategy for Sex Offenders in Scotland (NASSO) must be carried out. Thereafter an annual review will be carried out unless the Responsible Authorities record justifiable and defensible decisions for not completing one.
• o Whilst the NASSO only covers MAPPA Category 1 (individuals subject to the SONR), if the individual is a Restricted Patient or a MAPPA Category 3 (Other Risk of Serious Harm) individual, the Responsible Authorities should agree a local approach, using the same principles for the housing of these individuals.
• National Outcomes and Standards for Social Work Services in the Criminal Justice System: It is essential that these National Standards are followed with cases being allocated as required, appointments being kept as required and breach action being taken if necessary.
• ViSOR: Protocols and national standards must be followed with cases being transferred promptly between areas and all contacts and partners being updated as required.
• Reasons for not approving a transfer: These must be based on public protection factors and demonstrate that the decision is based upon a thorough risk assessment and is proportionate to the identified risks. It is essential that the decision is recorded, communicated clearly to the individual and is reported to Scottish Ministers if required by the National Standards.

Example – MAPPA individual subject to statutory supervision

7. Below is an example of the key transfer process for a MAPPA individual subject to statutory supervision

• An individual is being managed by Area A at MAPPA Level 2 or 3 and a change of address to Area B is being considered. The current Area A supervising officer, in consultation with their manager should assess the risks associated with the proposed move and decide whether to approve it in line with the requirements of the National Standards.
• Once the decision has been taken, Area A will consider whether it is necessary to hold a MAPPA meeting prior to transfer to identify the potential risks associated with the change of address and how these could be managed.
• JSW in Area A will contact JSW in Area B to discuss transfer and where appropriate the issues discussed at the MAPPA meeting.
• Once Area B has agreed to accept transfer, it will hold a MAPPA meeting. The supervising officer or manager in Area A, and if necessary, the police from Area A should also attend this meeting.

Amendments to the individual's licence conditions

8. Where there are changes proposed which require an alteration to the individuals existing licence conditions, a Licence Amendment (LA) template must be completed and submitted by the JSW Supervising Officer to the Scottish Government (SG) Community Licence Team, Community Justice Division – contact details:

Email: communitylicence@gov.scot

9. The LA template should not be submitted directly to the Parole Board by the supervising officer, it must be referred to the SG Community Licence Team who act on behalf of Scottish Ministers. The Responsible Authorities cannot change licence conditions. Similarly, if a preventative order is in place (for example in relation to sexual offending), representation should be made to the police for them to seek to have the order's conditions amended.

10. It should also be noted that requests for termination of supervision for those individuals on a life licence, should be submitted to the SG Community Licence Team by completing the same LA template. The Supervising Officer should send them the request along with Risk the Assessment Report which must be dated in the last 12 months. If the termination is agreed by the Parole Board a new licence is issued retaining the following two conditions:

• That the licensee is of good behaviour and keeps the peace.
• They inform their local authority if they are arrested or questioned by the police.

Amendments to Supervised Release Order (SRO)

11. Where the individual subject to MAPPA is also subject to an SRO and it has been determined by MAPPA partners that changes require to be made to their Risk Management Plan which will also require an amendment to the SRO conditions, the JSW Supervising Officer should write to the court setting out the current conditions and indicating the change which is being sought, the reasons for the application, and the suitability of the proposed variation. If the individual subject to the SRO agrees with the application, this should be clearly stated, and they should be asked to sign a statement to that effect.

Transfer of individuals subject to the Sex Offender Notification Requirements (SONR) but who are not subject to supervision

12. Please note there is an obligation on the individual subject to the SONR to notify the police of any change of address. When such a person moves to an address outwith their current managing police division the receiving police division will notify the managing division that the person has moved into their area and has notified them of their change of address. The managing police division will:

• make the receiving police division a partner to the ViSOR record;
• request that a home visit is made to confirm that the individual subject to the SONR is actually living at the address;
• where relevant, notify the receiving Sex Offender Policing Unit (SOPU) of the change of address;
• once the address has been confirmed, the managing police division will transfer the ViSOR record to the receiving police division; and
• the receiving police division will follow Police guidance for the assessment of risk and consideration of referral to MAPPA within that area.

Cross Border Transfers

13. It is not uncommon for individuals subject to MAPPA to move between jurisdictions within the United Kingdom, i.e. transfer between Scotland and:

• England/Wales;
• Northern Ireland;
• Isle of Man; and
• Channel Islands.

14. The process is more complex as legislation differs between the jurisdictions involved. General principles relating to cross border transfer of supervision are described below. The guidance then considers the issues around transfer of MAPPA cases between England/Wales and Scotland.

General Principles for Cross Border Transfers

15. Schedule 1 of the Crime (Sentences) Act 1997 contains the main provisions for transfer of supervision for those individuals subject to release on licence. Transfers of supervision are made on an 'unrestricted' or 'restricted' basis.

16. The distinction between restricted and unrestricted transfers is important because it determines the relevant law that is applicable following the transfer and may affect the duration of supervision and action in the event of breach of licence or order.

Unrestricted Transfer

17. A request which meets the Schedule 1 transfer criteria and where there is no effect on the sentence (either in terms of a reduction or increase in time to serve) or on any post release supervision requirements, will normally be granted on an unrestricted basis. An unrestricted transfer maybe considered after a period (normally around 6 months) of supervising the individual on a restricted basis. In an unrestricted transfer, the law of the receiving jurisdiction should apply. The individual will undergo the remainder of the supervision in the receiving jurisdiction as if it had been an equivalent period of supervision directed to be undergone in the receiving jurisdiction.

18. Before an unrestricted transfer can be carried out, the SG Community Licence Team (acting on behalf of Scottish Ministers) must be notified of any potential unrestricted transfer from Scotland to any other part of the UK and from the UK to Scotland. The SG Community Licence Team start the official process and will administer all paperwork and the transfer order. Upon completion of an unrestricted transfer, the law of the receiving jurisdiction should apply. The individual is then treated as if their supervision period had been the result of a sentence imposed in the jurisdiction to which they have been transferred. The supervision will be subject to the statutory and other provisions applicable in the receiving jurisdiction. This is the type of supervision that usually occurs between areas in England/Wales and in Scotland as it is possible to replicate the original supervision requirements. The SG Community Licence Team can be contacted by email at communitylicence@gov.scot.

Restricted Transfer

19. Where an unrestricted transfer is not appropriate the Secretary of State, or Scottish Ministers, or other relevant authorities, may transfer the supervision of the individual on a restricted basis. In a restricted transfer, the law of the sending jurisdiction will continue to apply and the individual will be subject to the same duration of supervision and the same conditions in the receiving jurisdiction as they would have been in the sending jurisdiction, as well as to any other conditions specified. The receiving jurisdiction will administer the supervision in the sense that the individual will be reporting to a supervising officer in the receiving jurisdiction. However, in the case of a restricted transfer, any breach proceedings must take place under the legislation of the sending jurisdiction. For example, in the case of a transfer from England to Scotland, any breach action would follow English law.

20. As legislation now differs quite considerably between England/Wales, Scotland, Northern Ireland, Isle of Man and Channel Islands, in practice the vast majority of transfers of supervision are agreed and made on a restricted basis.

21. If an individual is undergoing or about to undergo supervision in any part of the UK, formal approval must be sought of the Secretary of State or their equivalent (of the sending jurisdiction), or where the sending jurisdiction is Scotland, the Scottish Ministers may, on the individual's application, make an order for that supervision to be transferred to another part of the UK. The Secretary of State can grant the transfer subject to any conditions the Secretary of State may see fit to impose.

22. All transfers must be fully discussed and agreed with the receiving area prior to transfer taking place and this must be at Assistant Chief Officer of Probation (or equivalent) and Justice Social Work Service Manager (or equivalent) level.

23. Before an order for transfer is made, the sending and receiving probation and local authority JSW jurisdictions are required, using the fullest information available, to consider:

• whether or not licence conditions can be enforced; and
• the ability of the receiving jurisdiction to manage the supervision.

Detailed guidance on the arrangements for transfer of supervision can be found in:

• Ministry of Justice (MoJ) - Policy Framework for Travel and transfer on licences outside England and Wales
• MoJ - Policy Framework for Case Transfers

Key points to remember

• Check the legislation regarding transfer and refer to the relevant guidance. It should be noted that the transfer is likely to be restricted and the process can be time consuming;
• Contact the receiving area to discuss the case with them prior to transfer - this must be at senior manager level - Assistant Chief Officer of Probation and Justice Service Manager;
• The receiving area must confirm that they are able to manage the case to the necessary requirements prior to transfer being agreed;
• Ensure all appropriate paperwork is sent to the receiving area within five working days of transfer being agreed. This should include;
  • assessment of the individual, including risk assessment, risk management plan, sentence plan, pre-sentence report, parole report; and
  • victim details and risks to potential victims; and
  • copy of original licence/order and requirements as well as the amended licence/order.
• Transfer on licence has to be agreed with the individual's offender manager/supervising officer prior to the transfer taking place noting that agreement to transfer can be refused;
• An individual subject to the SONR (as set out in Part 2 of the Sexual Offences Act 2003) who moves and does not inform the police of their new address within three days commits an offence; and
• An individual who moves without notifying their offender manager/supervising officer constitutes a breach of the order/licence and the appropriate action must be taken.

Information Sharing for Cross-Border Transfers

24. The following are key points to remember for the liaison and exchange of information between the responsible authorities and MAPPA in England/Wales and Scotland for individuals who fall within the categories defined by sections 327 of the Criminal Justice Act 2003 and 10 of the Management of Offenders etc. (Scotland) Act 2005:

• Individuals who are subject to MAPPA in the community and are under supervision (by way of a licence or a community disposal) by the National Probation Service, Youth Offending Team, or local authority Justice Social Work services in Scotland can only be transferred in accordance with the relevant legislation with the agreement of both the sending and receiving jurisdiction.
• Given the level of risk some individuals subject to MAPPA present, it is essential that the process is followed properly, that pertinent details and information are appropriately shared on a case by case basis and in line with the relevant legislation including the Data Protection Act 2018 and the Human Rights Act 1998. MAPPA meetings must involve representatives from the sending area, either in person or through video/telephone conferencing.
• Where an individual subject to MAPPA is moving between England/Wales and Scotland and they are not under statutory supervision either by the probation service or Justice Social Work services, it will be for the Responsible Authority in one area to make contact with the equivalent Responsible Authority in the receiving area to provide relevant information. Thereafter it is for the receiving Responsible Authority to make the arrangements for referral to MAPPA in their area.
• Individuals subject to MAPPA should have their details recorded on ViSOR and once a transfer has been agreed the necessary transfer must also take place on ViSOR. This will also include all MAPPA documentation relating to Level 2 and 3 meetings which have been held in England/Wales.