Multi-Agency PublicProtection Arrangements(MAPPA)

Date of Update: 08/09/04

Date of Initial Issue Click on Number for link to reference05/01/2004

PSI Amendments should be read before and in conjunction with PSO

Date of Further Amendments are tracked in the PSO Numerical IndexAmendments

EXECUTIVE SUMMARY

This PSO provides guidance for Governors, Directors of contracted prisons, and Areas ontheir obligations under the multi-agency public protection arrangements (MAPPA). TheCriminal Justice Act 2003 has made the Prison Service part of the "Responsible Authority" foreach MAPPA area (which are based on police/probation areas). Further work is being takenforward with the Police and Probation Directorate on a possible IT system to support theNational MAPPA process. This PSO replaces paragraphs 3.25 to 3.32 of PSO 2300Resettlement, and is an amended version of Issue 194 issued on 5 January 2004. Thefollowing paragraphs have been amended in this version:

(1.9) To indicate that Area Manager representatives on SMBs only have authority to act onhis or her behalf in respect of public prisons

(1.12) To ensure that Area Manager agreements with local police and probation on thePrison Service level of contribution to the Responsible Authority includes the roleestablishments will have in information sharing for risk assessment and riskmanagement purposes

(1.13 - 1.16) To reflect the operational changes coming into effect on 1 April 2004 where thewomens' and juvenile only estates will return to geographical Area management, and thatcontracted prisons are managed differently from public prisons

(2.1) To explain that as from 1 April 2004, the Prison Service is part of the ResponsibleAuthority, there is no longer any need for establishments to develop local protocols oninformation sharing, and that the information sharing obligation within MAPPA will need to bereflected in Area Manager agreements with police and probation (see also 1.12)

(2.43) To ensure that prison representatives at multi-agency meetings are familiar with thecase(s) they are there to discuss

(Annex B) To reflect the operational changes referred to in 1.13 - 1.16 above.

Governors, Directors of contracted prisons and Area Managers are expected to play aneffective and appropriate part in the MAPPA.

Staff who are likely to be involved in contributing to MAPPA must be made aware of thecontents of this PSO.

(1.9) Area Managers must ensure that the police and probation service in each MAPPA areaare aware that their representative on the Strategic Management Board has full-delegatedauthority to act on his or her behalf in respect of public prisons.

(1.11 ) Area Managers must ensure that they are represented on a minimum of one StrategicManagement Board meeting each year in each MAPPA area.

(1.12) Area Managers must ensure that the local police probably at Basic Command Unitlevel and the local probation board are formally signed up to the level of contribution whichthe Service will make to the Responsible Authority, including, the role establishments willhave in sharing information for risk assessment and risk management purposes with MAPPA

partners and where appropriate, representation of the high security estate and contractedprisons.

(2.4.1) Following Reception, establishments must identify prisoners subject to MAPPA, recordthe fact on LIDS, and feed this into sentence planning arrangements.

(2.4.3) Where a multi-agency meeting is required by the Responsible Authority prior to anyspecific release, the Governor must ensure that any relevant information is presented to thatmeeting, including those held outside the local area, either by sending a representative or bysubmitting a report. Where a representative is sent he/she must be familiar with the casesthey represent and the processes of risk assessment and management.

(2.4.4) Governors must ensure that the police and probation service as appropriate arenotified of the expected release dates of prisoners coming under MAPPA. Notification of therelease of prisoners managed by a MAPPP must take place at least three months before thatrelease. Govemors must also ensure that they contribute fully to the risk assessment and therisk management planning before release occurs

(2.4.4) Governors must ensure that all staff involved in sentence calculation, decisions torestore 'added days', and facilitating release arrangements for high risk prisoners are awareof the need to advise the police and probation service immediately of any unexpectedchanges to release dates or release arrangements of prisoners subject to MAPPA.

Many of the local actions required by this PSO are already being fulfilled as part of the publicprotection standard. The strategic involvement in MAPPA will be an additional burden onAreas and establishments, for which no additional funding is available. Because of themismatch between MAPPA areas and Prison Service Areas these burdens will vary acrossthe prison estate. This Order allows some discretion on how the MAPPA commitment is met,so as to avoid an excessive burden on establishments.

1 April 2004Peter Wrench

(signed)p.p. Nick Sanderson

Director of Resettlement Area/Operational Manager

Further advice or information on this PSO or the systems contained within it can be soughtfrom:

Steve McCarthy- 020 7217 5551Paul Wright- 020 7217 5136

CONTENTS

Section One The Prison Service's role as part of the Responsible Authority inMAPPA

paraqraphs

Introduction 1.1 - 1.2Offenders subject to MAPPA 1.3The structure of the MAPPA 1.4The new Prison Service role 1.5 - 1.7

Representation 1.8 - 1.12The Hi.qh Security Estate and contracted prisons 1.13 - 1.16

Section Two The Prison Service contribution to MAPPA at local (establishment)level

paraclraphs

Introduction 2.1 - 2.2

Levels of MAPPA Risk Manaqement 2.3Risk Management and contributinq to MAPPA in 2.4.1 -2.4.4establishments

An nexes

A Extracts from the CJA 2003B Prison Service areas and Police/Probation areas

C Risk Management model

SECTION ONE

THE PRISON SERVICE'SROLE AS PART OF THE RESPONSIBLE AUTHORITY IN MAPPA

Introduction

1.1 The Criminal Justice and Court Services Act 2000 required the police and probationservices (acting jointly as the "Responsible Authority" in each of the 42 Areas of Englandand Wales) to establish Multi-Agency Public Protection Arrangements (MAPPA) to managethe risks posed by sexual, violent and other dangerous offenders in the community.

1.2 The involvement of the Prison Service in MAPPA was not made explicit in the 2000 Act, butlocal information sharing partnerships with police and probation services have beendeveloped. The Criminal Justice Act 2003 puts the involvement of the Prison Service inMAPPA on a statutory footing by including it in the "Responsible Authority". Relevantextracts from the Act are at Annex A.

Offenders subject to MAPPA

1.3 The Act specifies that MAPPA should principally apply to the following offenders:

a) any person convicted of murder;b) any person sentenced in England and Wales to a term of imprisonment or detention of

12 months or more, for a sexual or violent offence as set out in Schedule 15 of theAct (see Annex A);

c) any other offender who may cause serious harm to the public (wherever the offenceswere committed). This would include, for example, offenders who had beendeported back to the UK for offences committed overseas, and offenders convictedin other parts of the UK.

The structure of the MAPPA

1.4 A number of administrative arrangements have been established as part of the MAPPA.

• The Strategic Management Boards (SMB). These are responsible for strategicarrangements in each MAPPA area, and are required to meet at least quarterly.

• Multi-Aqency Public Protection Panels (MAPPPS). These are case conference panelsresponsible for managing the "critical few" highest risk offenders.

• "Duty to co-operate" (DTC) bodies. These are local statutory and other agenciesproviding relevant services, including bodies such as Heath Authorities, registeredsocial landlords, employment services, youth justice teams, etc.

The new Prison Service role

1.5 Because of geographical and functional differences the Prison Service cannot play ascomprehensive a role as the police and probation services in fulfilling the functions of theResponsible Authority. While there are 42 police and probation areas, there are only 12Prison Service areas. Some Prison Service areas contain several police and probationareas, while some police and probation areas have no prisons.

1.6 The principal functions of the "Responsible Authority" are to:

a) establish arrangements for assessing and managing the risks posed by MAPPAoffenders, including information exchange and co-operation with local agencies.

b) review and monitor the arrangements; and

c) prepare and publish an annual report on their operation.

The first is essentially an operational, case-oriented function where it is reasonablystraightforward to define the Prison Service role because many establishments are alreadydoing this by exchanging information about higher risk offenders prior to their release andattending or facilitating meetings to plan their management after release. Functions (b) and(c) are performed by each police and probation Area's MAPPA SMB.

1.7 When considering how best to play a full and active role on the SMBs of each ResponsibleAuthority in their Area, Area Managers need to focus on the activities of each MAPPAfunction, identify which of them are within Prison Service expertise, and then arrangeparticipation accordingly. The suggested activities under each MAPPA function are:

Activity MAPPA function

Sharing information (a)Early warning system (a)Attending/hosting case conferences (a)Parole reports/lifer panels (a)HDC/ROTL decisions (a)Consider/review high profile complex case management (b)Analysis of MAPPA data (b)Routine consideration of that data (b)Troubleshooting operational problems (a&b)Establishing non DTC links to enhance MAPPA (a&b)Establishing and reviewing DTC arrangements (a&b)Contribute to annual report (c)Agree annual report (c)

Representation

1.8 Because Police and Probation representation on SMBs, is typically at Assistant ChiefConstable and Assistant Chief Officer level respectively Prison Service representation willneed to be at a suitably senior level e.g. Area Manager. There will be up to six SMBs withineach Prison Service area and there is potential for a severe operational burden. A tableshowing the relationship between Prison and Police/Probation areas is at Annex B.

1.9 When deciding how to arrange participation in SMBs Area Managers may therefore give fulldelegated authority to one of their own staff or a senior governor in their Area. Where thiscourse is decided on Area Managers must ensure that, in respect of public prisons, thePolice and Probation Service in each Area are aware that the representative has full-delegated authority to act on his or her behalf. No commitments with resource implicationsshould be made without the prior agreement of the Area Manager. It is essential that thesearrangements are not viewed as simply another administrative task, and that the delegatedrepresentative is personally engaged in all MAPPA areas.

1.10 Prison Service involvement in Local Criminal Justice Boards along with other CJSagencies, provides an additional "strategic" forum in which issues of public protection willbe discussed by many of the same personnel attending SMBs. Area Managers may wishto consider to what extent strategic MAPPA issues can be dealt with in this way.

1.11 Whatever level of representation is decided on it is unlikely the Service could fulfil itsstatutory obligations without each Area being represented on a minimum of one SMBmeeting a year in each of its MAPPA areas. This could most usefully be a meeting whichformally reviews MAPPA business. Area Managers must therefore ensure this minimumlevel of representation.

1.12 Area Managers must ensure that the local police (probably at BCU level) and probationboard are formally signed up to the level of contribution which the Service will make to theResponsible Authority, including the role establishments will have in sharing informationwith MAPPA partners for risk assessment and risk management purposes.

The Hiqh Security Estate and contracted prisons

1.13 High Security Prisons and contracted prisons are spread across the 12 geographical areasof the Prison estate. The Director of High Security Prisons and the Directors of contractedprisons will need to consider how to deal with strategic MAPPA issues involving prisonersin their establishments. One solution would be for the geographical Area Manager to pickup any strategic issues for the relevant SMB in consultation with the appropriate Governoror Director as necessary. This would not mean that Governors in the High Security estateand Directors of contracted prisons were excluded from attending the SMB, but thatcontinuity would best be served by the geographical area maintaining routine attendance.

1.14 This arrangement may be less suitable in the case of the High Security estate where thereis likely to be a greater concentration of MAPPA offenders. The Director of High SecurityPrisons may therefore consider it more appropriate to be represented at all SMB meetingsby the relevant governing governor. This should not lead to routine "doubling up" forexample, that the Governor of Whitemoor would attend the SMB of the CambridgeshireMAPPA alongside the Eastern Area Manager or his representative. It would be moreappropriate for Area Managers to decide with Governors in the High Security estate whichof them should attend the SMB. NB Those representing public prisons on SMBs willnot have delegated authority to act on behalf of Directors of contracted prisons.

1.15 Whatever arrangements are decided on by Area Managers, the High Security estate andDirectors of contracted prisons, they must be included as part of the agreement referred toat paragraph 1.12 above.

1.16 Where complex and difficult issues concerning High Security prisoners and prisoners incontracted prisons need to be resolved, Governors and Directors of contracted prisons areadvised to liase with MAPPA police and probation representatives in the Public ProtectionGroup of the National Probation Directorate

SECTION TWO

THE PRISON SERVICE CONTRIBUTION TO MAPPA AT LOCAL

(ESTABLISHMENT) LEVEL

Introduction

2.1 The Public Protection Standard previously required establishments to agree and sign localprotocols to ensure that information on a prisoner's risk was routinely shared with externalagencies. This is the way in which the Service has co-operated at local level with theResponsible Authority in MAPPA. Now that the Service is part of that ResponsibleAuthority, the development of local protocols is no longer necessary as establishments willhave a duty to share risk management information with MAPPA partners in all MAPPAareas.

Area Manager agreements with SMBs must include the role establishments will have in thisinformation sharing function. (see paragraph 1.12 of this PSO)

2.2 Our co-operation with MAPPA at local level should not be regarded as a new function butthe performance of existing functions so far as they concern sexual and violent offenders.

Levels of MAPPA risk management

2.3 A three level structure for managing risk exists within each MAPPA Area:

Level 1 where the risk posed by the offender can be managed by one agency(usually the Probation Service)

Level 2 where active involvement of more than one agency is required

Level 3 the Multi-Agency Public Protection Panel (MAPPP) - the means by whichthe role of various agencies in the management of a particular case ("thecritical few") is co-ordinated. Based on current figures it is estimated thatlevel 3 cases represent about 3,000 of the total MAPPA caseload of around53,000 (of which only a proportion will be in prison at any one time).

Risk manaqement and contributing to MAPPA in establishments

2.4.1 Identification

• Following Reception, establishments must identify prisoners subject to MAPPA (seeparagraph 1.3 of this PSO), record the fact on LIDS, and feed this into sentenceplanning arrangements.

• Risk assessments will need to be linked into the roll out of OASys which will also help toidentify offenders coming under MAPPA.

• OASys will not apply to those receiving sentences of less than 12 months unless theProbation Service has opened an assessment. Establishments will therefore needto be aware that an offender's previous convictions may make him of interest toMAPPA even though his or her current offence does not fall within MAPPA criteria.This also applies to the unconvicted, who, while not subject to MAPPA, may be ofinterest to the Responsible Authority because of their history, and if they aresubsequently convicted

2.4.2 Risk Assessment

• Establishments have a duty to provide timely information to MAPPPS about continuingrisk at key points in the sentence, in particular through gathering information abouthighly dangerous prisoners (e.g. paedophile networking patterns, contact withvictims) to inform the handling plan on release

• The risk management model at Annex C to this PSO is an example of good practice.The model provides for an Interdepartmental Risk Management team responsiblefor providing regular assessments for prisoners who pose the greatest risk. Key tothis model is a Public Protection/Risk Assessment Co-ordinator. Establishmentswho have such a dedicated post have generally performed better in audits of thePublic Protection Standard

• If risk is regularly reviewed as in the good practice model, establishments' contributionsto MAPPA will be more effective through the provision of a comprehensiveassessment of a prisoner's likelihood of re-offending. Establishments would, forexample, be best placed to inform the Responsible Authority where they think aprisoner is higher risk than realised by the Responsible Authority, and to referprisoners to MAPPPS where appropriate

Multi-Aqency Public Protection Panels (MAPPPs)

2.4.3 The MAPPP is responsible for the management of the 'critical few' (see 2.3 above). TheResponsible Authority may sometimes ask establishments to host or facilitate a MAPPPmeeting.

• Where a multi-agency meeting is required by the Responsible Authority prior to anyspecific prisoner's release, the Governor must ensure that any relevant informationis presented to that meeting, including those held outside the local area, either bysending a representative or by submitting a report. Where a representative is senthe must be familiar with the cases they represent and with the processes ofrisk assessment and management

• It will be particularly important for a representative to be sent where there is anindication that there are specific actions which the prison may take to assist in therisk management plan. The measures which can be used to strengthen themanagement of risk on an offender's release from custody include:

(a) the imposition of additional licence conditions;

(b) the use of electronic monitoring (seek advice from NPD's Public Protection Unit);

(c) transferring the prisoner to an establishment from which release can be bettermanaged;

(d) arranging for the offender to be accompanied on release from the establishmentto the designated accommodation and/or appointments;

(e) the use of Sex Offender Orders;

(f) the use of a 'contract' agreed with the offender particularly in cases where thereis a very short period of supervision on licence or none at all; and,

(g) in exceptional cases, the use of surveillance

• where meetings are convened under Level 2 of MAPPA risk management, Governorswill not be required to send a representative on a routine basis, but must ensure thatany relevant information is made available to the meeting

• Engaging in the MAPPA at operational level is not simply about representation at level2 and the MAPPPs. More important is to ensure that all relevant information aboutan offender is shared, together with any additional advice about releasearrangements. Effective information sharing can be more easily delivered wheresingle points of contact are established. Governors will therefore need to considerwhether establishing a full or part time Public Protection Co-ordinator post as in themodel at Annex C, is the best way of meeting their commitment to MAPPA.

Release arrangements

2.4.4 At the time when release is being considered or prepared, the onus is on the Prison Serviceto ensure a timely exchange of all relevant information about an offender with theResponsible Authority.

• Governors must ensure that the police and probation service as appropriate, arenotified of the expected release dates of prisoners coming under MAPPA

• The Responsible Authority will normally plan the release of offenders who are to bemanaged through a MAPPP at least three months - and usually six months wherepracticable - before that release. Notification of the release dates of these offendersmust therefore take place at the very least three months before release.Additionally, governors must ensure that they contribute fully to the risk assessmentand the risk management planning before release occurs

• Where a high risk prisoner's proposed area of release is some distance from theestablishment he/she is held in, Governors are advised to consider the feasibility ofearly transfer to the area of discharge to assist in the handling of releasearrangements

• It is recognised that even with early planning, the actual release date can vary ifprisoners seek remission of 'added days' or are credited with time spent on remandor in police custody. Release dates brought forward unexpectedly can adverselyaffect release arrangements, particularly where the MAPPP is planning to a knowndate on which for example, a hostel place is becoming available for a high riskprisoner. It is obviously imperative that such prisoners are not released without anappropriate release plan. Governors must ensure that all staff involved in sentencecalculation, decisions to restore 'added days', and facilitating release arrangementsfor high risk prisoners are aware of the need to advise the police and probationservice immediately of any unexpected changes to release dates or releasearrangements

• While Governors cannot withhold 'police days' or refuse to give back added dayswhere this is reasonable, they are advised to look at ways of factoring into routineconsideration of pre-release issues for high risk offenders, the advance identificationof those whose release dates may be brought forward in this way.

ANNEX A

CRIMINAL JUSTICE ACT 2003

325 Arrangements for assessing etc risks posed by certain offenders

(1) In this section-

"relevant sexual or violent offender "has the meaning given by section 327;

"responsible authority ", in relation to any area, means the chief officer of police, thelocal probation board for that area and the Minister of the Crown exercisingfunctions in relation to prisons, acting jointly.

(2) The responsible authority for each areamust establish arrangements for thepurpose of assessing and managing the risks posed in that area by --

(a) relevant sexual and violent offenders, and

(b) other persons who, by reason of offences committed by them (wherever committed), areconsidered by the responsible authority to be persons who may cause serious harm to thepublic.

(3) In establishing those arrangements, the responsible authority must act in co-operation with thepersons specified in subsection (6); and it is the duty of those persons to co-operate in theestablishment by the responsible authority of those arrangements, to the extent that such co-operation is compatible with the exercise by those persons of their functions under any otherenactment.

(4) Co-operation under subsection (3) may include the exchange of information.

(5) The responsible authority for each area ("the relevant area ") and the persons specified insubsection (6) must together draw up a memorandum setting out the ways in which they are toco-operate.

(6) The persons referred to in subsections (3) and (5) are --

(a) every youth offending team established for an area any part of which falls within therelevant area,

(b) the Ministers of the Crown exercising functions in relation to social security, childsupport, war pensions, employment and training,

(c) every local education authority any part of whose area falls within the relevant area,

(d) every local housing authority or social services authority any part of whose area fallswithin the relevant area,

(e) every registered social landlord which provides or manages residential accommodationin the relevant area in which persons falling within subsection (2)(a) or (b) reside or mayreside,

(f) every Health Authority or Strategic Health Authority any part of whose area falls withinthe relevant area,

(g) every Primary Care Trust or Local Health Board any part of whose area falls within therelevant area,

(h) every NHS trust any part of whose area falls within the relevant area, and

(i) every person who is designated by the Secretary of State by order for the purposes of thisparagraph as a provider of electronic monitoring services.

(7) The Secretary of State may by order amend subsection (6) by adding or removing any person ordescription of person.

(8) The Secretary of State may issue guidance to responsible authorities on the discharge of thefunctions conferred by this section and section 326.

(9) In this section --"local education authority "has the same meaning as in the Education Act 1996 (c.56);"local housing authority "has the same meaning as in the Housing Act1985 (c.68);"Minister of the Crown " has the same meaning as in the Ministers of the Crown Act 1975(c.26);"NHS trust "has the same meaning as in the National Health Service Act 1977 (.49);"prison "has the same meaning as in the Prison Act 1952 ((c.52);"registered social landlord" has the same meaning as in Part 1 of theHousing Act 1996 (c.52);"social services authority "means a local authority for the purposes of the Local AuthoritySocial Services Act 1970 (.42).

326 Review of arrangements

(1) The responsible authority for each area must keep the arrangements established by it undersection 325 under review with a view to monitoring their effectiveness and making any changesto them that appear necessary or expedient.

(2) The responsible authority for any area must exercise their functions under subsection (1) inconsultation with persons appointed by the Secretary of State as lay advisers in relation to thatauthority.

(3) The Secretary of State must appoint two lay advisers under subsection (2) in relation to eachresponsible authority.

(4) The responsible authority must pay to or in respect of the persons so appointed such allowancesas the Secretary of State may determine.

(5) As soon as practicable after the end of each period of 12 months beginning with 1st April, theresponsible authority for each area must --

(a) prepare a report on the discharge by it during that period of the functions conferred bysection 325 and this section, and

(b) publish the report in that area.

(6) The report must include --

(a) details of the arrangements established by the responsible authority,and

(b) information of such descriptions as the Secretary of State has notified to the responsibleauthority that he wishes to be included in the report.

327 Section 325: interpretation

(1) For the purposes of section 325, a person is a relevant sexual or violent offender if he falls withinone or more of subsections (2) to (5).

(2) A person falls within this subsection if he is subject to the notification requirements of Part 2 ofthe Sexual Offences Act 2003 (c.42).

(3) A person falls within this subsection if-(a) he is convicted by a court in England or Wales of murder or an offence specified in

Schedule 15, and(b) one of the following sentences is imposed on him in respect of the

conviction --

(i) a sentence of imprisonment for a term of 12 months or more,(ii) a sentence of detention in a young offender institution for a term of 12

months or more,

(iii) a sentence of detention during Her Majesty's pleasure,(iv) a sentence of detention for public protection under section 226,(v) a sentence of detention for a period of 12 months or more under section 91

of the Sentencing Act (offenders under 18 convicted of certain seriousoffences),

(vi) a sentence of detention under section 228,(vii) a detention affd training order for a term of 12 months or more, or(viii) a hospital or guardianship order within the meaning of the Mental Health

Act 1983 (.20).

(4) A person falls within this subsection if-(a) he is found not guilty by a court in England and Wales of murder or an offence specified

in Schedule 15 by reason of insanity or to be under a disability and to have done the actcharged against him in respect of such an offence, and

(b) one of the following orders is made in respect of the act charged against him as theoffence --

(i) an order that he be admitted to hospital, or(ii) a guardianship order within the meaning of the Mental Health Act 1983.

(5) A person falls within this subsection if-(a) the first condition set out in section 28(2)or 29(2)of the Criminal Justice and Court

Services Act 2000 (.43)or the second condition set out in section 28(3)or 29(3)of thatAct is satisfied in his case, or

(b) an order under section 29A of that Act has been made in respect of him.

(6) In this section "court "does not include a service court, as defined by section 305(1).

SCHEDULE 15 Section 224

SPECIFIED OFFENCES FOR PURPOSES OF CHAPTER 5 OF PART 12

PART 1

SPECIFIED VIOLENT OFFENCES

1 Manslaughter.

2 Kidnapping.

3 False imprisonment.

4 An offence under section 4 of the Offences against the Person Act 1861(c. 100) (soliciting murder).

5 An offence under section 16 of that Act (threats to kill).

6 An offence under section 18 of that Act (wounding with intent to cause grievous bodily harm).

7 An offence under section 20 of that Act (malicious wounding).

8 An offence under section 21 of that Act (attempting to choke, suffocate or strangle in order tocommit or assist in committing an indictable offence).

9 An offence under section 22 of that Act (using chloroform etc. to commit or assist in the committingof any indictable offence).

10 An offence under section 23 of that Act (maliciously administering poison etc. so as to endanger lifeor inflict grievous bodily harm).

11 An offence under section 27 of that Act (abandoning children).

12 An offence under section 28 of that Act (causing bodily injury by explosives).

13 An offence under section 29 of that Act (using explosives etc. with intent to do grievous bodilyharm).

14 An offence under section 30 of that Act (placing explosives with intent to do bodily injury).

15 An offence under section 31 of that Act (setting spring guns etc. with intent to do grievous bodilyharm).

16 An offence under section 32 of that Act (endangering the safety of railway passengers).

17 An offence under section 35 of that Act (injuring persons by furious driving).

18 An offence under section 37 of that Act (assaulting officer preserving wreck).

19 An offence under section 38 of that Act (assault with intent to resist arrest).

20 An offence under section 47 of that Act (assault occasioning actual bodily harm).

21 An offence under section 2 of the Explosive Substances Act 1883 (c.3) (causing explosion likely toendanger life or property).

22 An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosive

with intent to endanger life or property).

23 An offence under section 1 of the Infant Life (Preservation) Act 1929 (c.34) (child destruction).

24 An offence under section 1 of the Children and Young Persons Act 1933(c. 12)(cruelty to children).

25 An offence under section 1 of the Infanticide Act 1938 (c.36) (infanticide).

26 An offence under section 16 of the Firearms A t 1968 (c.27) (possession of firearm with intent toendanger life).

27 An offence under section 16A of that Act (possession of firearm with intent to cause fear ofviolence).

28 An offence under section 17(1) of that Act (use of firearm to resist arrest).

29 An offence under section 17(2) of that Act (possession of firearm at time of committing or beingarrested for offence specified in Schedule 1 to that Act).

30 An offence under section 18 of that Act (carrying a firearm with criminal intent).

31 An offence under section 8 of the Theft Act 1968 (c.60)(robbery or assault with intent to rob).

32 An offence under section 9 of that Act of burglary with intent to --(a) inflict grievous bodily harm on a person, or(b) do unlawful damage to a building or anything in it.

33 An offence under section 10 of that Act (aggravated burglary).

34 An offence under section 12A of that Act (aggravated vehicle-taking) involving an accident whichcaused the death of any person.

35 An offence of arson under section 1 of the Criminal Damage Act 1971 (.48).

36 An offence under section 1(2) of that Act (destroying or damaging property) other than an offence ofarson.

37 An offence under section 1 of the Taking of Hostages A t 1982 (.28) (hostage-taking).

38 An offence under section 1 of the Aviation Security Act 1982 (c.36) (hijacking).

39 An offence under section 2 of that Act (destroying damaging or endangering safety of aircraft).

40 An offence under section 3 of that Act (other acts endangering or likely to endanger safety ofaircraft).

41 An offence under section 4 of that Act (offences in relation to certain dangerous articles).

42 An offence under section 127 of the Mental Health Act 1983 (.20) (ill-treatment of patients).

43 An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c.38)(prohibition offemale circumcision).

44 An offence under section 1 of the Public Order Act 1986 (c.64) (riot).

45 An offence under section 2 of that Act (violent disorder).

46 An offence under section 3 of that Act (affray).

47 An offence under section 134 of the Criminal Justice Act 1988 (c.33) (torture).

48 An offence under section 1 of the Road Traffic Act 1988 (c.52) (causing death by dangerousdriving).

49 An offence under section 3A of that Act (causing death by careless driving when under influence ofdrink or drugs).

50 An offence under section 1 of the Aviation and Maritime Security Act 1990 (c.31) (endangeringsafety at aerodromes).

51 An offence under section 9 of that Act (hijacking of ships).

52 An offence under section 10 of that Act (seizing or exercising control of fixed platforms).

53 An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).

54 An offence under section 12 of that Act (other acts endangering or likely to endanger safenavigation).

55 An offence under section 13 of that Act (offences involving threats).

56 An offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offencesrelating to Channel Tunnel trains and the tunnel system).

57 An offence under section 4 of the Protection from Harassment Act 1997 (c.40)(putting people in fearof violence).

58 An offence under section 29 of the Crime and Disorder Act 1998 (c.37)(racially or religiously aggravated assaults).

59 An offence falling within section 31(1) (a) or (b) of that Act (racially or religiously aggravatedoffences under section 4 or 4A of the Public Order Act 1986 (c.64)).

60 An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17) (genocide,crimes against humanity, war rimes and related offences), other than one involving murder.

61 An offence under section 1 of the Female Genital Mutilation A t 2003 (c.31)(female genital mutilation).

62 An offence under section 2 of that Act (assisting a girl to mutilate her own genitalia).

63 An offence under section 3 of that Act (assisting a non-UK person to mutilate overseas a girl'sgenitalia).

64 An offence of-

(a) aiding, abetting, counselling procuring or inciting the commission of anoffence specified in this Part of this Schedule,

(b) conspiring to commit an offence so specified, or(c) attempting to commit an offence so specified.

65 An attempt to commit murder or a conspiracy to commit murder.

PART 2

SPECIFIED SEXUAL OFFENCES

66 An offence under section 1 of the Sexual Offences Act 1956 (c.69)(rape).

67 An offence under section 2 of that Act (procurement of woman by threats).

68 An offence under section 3 of that Act (procurement of woman by false pretences).

69 An offence under section 4 of that Act (administering drugs to obtain or facilitate intercourse).

70 An offence under section 5 of that Act (intercourse with girl under thirteen).

71 An offence under section 6 of that Act (intercourse with girl under 16).

72 An offence under section 7 of that Act (intercourse with a defective).

73 An offence under section 9 of that Act (procurement of a defective).

74 An offence under section 10 of that Act (incest by a man).

75 An offence under section 11 of that Act (incest by a woman).

76 An offence under section 14 of that Act (indecent assault on a woman).

77 An offence under section 15 of that Act (indecent assault on a man).

78 An offence under section 16 of that Act (assault with intent to commit buggery).

79 An offence under section 17 of that Act (abduction of woman by force or for the sake of herproperty).

80 An offence under section 19 of that Act (abduction of unmarried girl under eighteen fromparent or guardian).

81 An offence under section 20 of that Act (abduction of unmarried girl under sixteen from parent orguardian).

82 An offence under section 21 of that Act (abduction of defective from parent or guardian).

83 An offence under section 22 of that Act (causing prostitution of women).

84 An offence under section 23 of that Act (procuration of girl under twenty-one).

85 An offence under section 24 of that Act (detention of woman in brothel).

86 An offence under section 25 of that Act (permitting girl under thirteen to use premises forintercourse).

87 An offence under section 26 of that Act (permitting girl under sixteen to use premises forintercourse).

88 An offence under section 27 of that Act (permitting defective to use premises for intercourse).

89 An offence under section 28 of that Act (causing or encouraging the prostitution of intercourse withor indecent assault on girl under sixteen).

90 An offence under section 29 of that Act (causing or encouraging prostitution of defective).

91 An offence under section 32 of that Act (soliciting by men).

92 An offence under section 33 of that Act (keeping a brothel).

93 An offence under section 128 of the Mental Health Act 1959 (c.72) (sexual intercourse withpatients).

94 An offence under section 1 of the Indecency with Children Act 1960 (c.33)(indecent conduct towards young child).

95 An offence under section 4 of the Sexual Offences Act 1967 (c.60) (procuring others to commithomosexual acts).

96 An offence under section 5 of that Act (living on earnings of male prostitution).

97 An offence under section 9 of the Theft Act 1968 (c.60) of burglary with intent to commit rape.

98 An offence under section 54 of the Criminal Law Act 1977 (c.45)(inciting girl under sixteen to haveincestuous sexual intercourse).

99 An offence under section 1 of the Protection of Children Act 1978 (c.37)(indecent photographs of children).

100 An offence under section 170 of the Customs and Excise Management Act 1979 (c.2) (penalty forfraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of theCustoms Consolidation Act 1876 (c.36)(indecent or obscene articles).

10! An offence under section 160 of the Criminal Justice Act 1988 (c.33)(possession of indecent photograph of a child).

102 An offence under section 1 of the Sexual Offences Act 2003 (c.42) (rape).

103 An offence under section 2 of that Act (assault by penetration).

104 An offence under section 3 of that Act (sexual assault).

105 An offence under section 4 of that Act (causing a person to engage in sexual activity withoutconsent).

106 An offence under section 5 of that Act (rape of a child under 13).

107 An offence under section 6 of that Act (assault of a child under 13 by penetration).

108 An offence under section 7 of that Act (sexual assault of a child under 13).

109 An offence under section 8 of that Act (causing or inciting a child under 13 to engage in sexualactivity).

110 An offence under section 9 of that Act (sexual activity with a child).

111 An offence under section 10 of that Act (causing or inciting a child to engage in sexual activity).

112 An offence under section 11 of that Act (engaging in sexual activity in the presence of a child).

113 An offence under section 12 of that Act (causing a child to watch a sexual act).

114 An offence under section 13 of that Act (child sex offences committed by children or young

persons).

115 An offence under section 14 of that Act (arranging or facilitating commission of a child sex offence).

116 An offence under section 15 of that Act (meeting a child following sexual grooming etc.).

117 An offence under section 16 of that Act (abuse of position of trust: sexual activity with a child).

118 An offence under section 17 of that Act (abuse of position of trust: causing or inciting a child toengage in sexual activity).

119 An offence under section 18 of that Act (abuse of position of trust: sexual activity in the presence ofa child).

120 An offence under section 19 of that Act (abuse of position of trust: causing a child to watch a sexualact).

121 An offence under section 25 of that Act (sexual activity with a child family member).

122 An offence under section 26 of that Act (inciting a child family member to engage in sexualactivity).

123 An offence under section 30 of that Act (sexual activity with a person with a mental disorderimpeding choice).

124 An offence under section 31 of that Act (causing or inciting a person with a mental disorderimpeding choice to engage in sexual activity).

125 An offence under section 32 of that Act (engaging in sexual activity in the presence of a person witha mental disorder impeding choice).

126 An offence under section 33 of that Act (causing a person with a mental disorder impeding choice towatch a sexual act).

127 An offence under section 34 of that Act (inducement, threat or deception to procure sexual activitywith a person with a mental disorder).

128 An offence under section 35 of that Act (causing a person with a mental disorder to engage in oragree to engage in sexual activity by inducement, threat or deception).

129 An offence under section 36 of that Act (engaging in sexual activity in the presence, procured byinducement, threat or deception, of a person with a mental disorder).

130 An offence under section 37 of that Act (causing a person with a mental disorder to watch a sexualact by inducement, threat or deception).

131 An offence under section 38 of that Act (care workers: sexual activity with a person with a mentaldisorder).

132 An offence under section 39 of that A t (care workers: causing or inciting sexual activity).

133 An offence under section 40 of that Act (care workers: sexual activity in the presence of a personwith a mental disorder).

134 An offence under section 41 of that Act (are workers: causing a person with a mental disorder towatch a sexual act).

135 An offence under section 47 of that Act (paying for sexual services of a child).

136 An offence under section 48 of that Act (causing or inciting child prostitution or pornography).

137 An offence under section 49 of that Act (controlling a child prostitute or a child involved inpornography).

138 An offence under section 50 of that Act (arranging or facilitating child prostitution or pornography).

139 An offence under section 52 of that Act (causing or inciting prostitution for gain).

140 An offence under section 53 of that Act (controlling prostitution for gain).

141 An offence under section 57 of that Act (trafficking into the UK for sexual exploitation).

142 An offence under section 58 of that Act (trafficking within the UK for sexual exploitation).

143 An offence under section 59 of that Act (trafficking out of the UK for sexual exploitation).

144 An offence under section 61 of that Act (administering a substance with intent).

145 An offence under section 62 of that Act (committing an offence with intent to commit a sexualoffence).

146 An offence under section 63 of that Act (trespass with intent to commit a sexual offence).

147 An offence under section 64 of that Act (sex with an adult relative: penetration).

148 An offence under section 65 of that Act (sex with an adult relative: consenting to penetration).

149 An offence under section 66 of that Act (exposure).

150 An offence under section 67 of that Act (voyeurism).

151 An offence under section 69 of that Act (intercourse with an animal).

152 An offence under section 70 of that Act (sexual penetration of a corpse).

153 An offence of--

(a) aiding, abetting, counselling, procuring or inciting the commission of an offencespecified in this Part of this Schedule,

(b) conspiring to commit an offence so specified, or(c) attempting to commit an offence so specified.

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ANNEX C

PRISON RISK MANAGEMENT MODEL

The levels of risk of harm used by OASys - low, medium, high and very high - provide astandardised categorisation of risk for all MAPPA offenders. Using tools already available, forexample, Thornton's risk Matrix 2000 (Static Risk) and OASys it will be possible to group offendersand target resources to deal with risk. The suggested risk management model described below isintended to focus on the needs and issues of prisoners in the high and very high groups.

An Interdepartmental Risk Manaqement Team

2. An Interdepartmental Risk Management Team could be created with responsibility forproviding regular assessments for prisoners who present the greatest risk to the public.(See Fig. 1)

Composition of the Team might include: -

• A Chair to be responsible for ensuring the team remains focussed on identifyingrisk, directing treatment and training for prisoners where it is needed, and sharinginformation appropriately. This person would have a responsibility to ensure thatprison resources are used effectively to rehabilitate and reduce a prisoner'slikelihood of re-offending.

• A Police Liaison Officer to deal with intelligence issues and offer advice on theMemorandum of Understanding and RIPA.

• A Seconded Probation Officer to refer cases to the community probation officer anddeal with notification of dangerous offenders to the National Probation Directorate.He/she would act as the conduit to MAPPA.

• A Community Psychiatric Nurse to provide advice on mental health issues andarrange for assessments to be made if appropriate. (The DSPD treatmentprogrammes at Whitemoor and Frankland will allow for a Step Down provision,where prisoners will be accommodated throughout the estate.)

• A Safer Custody (Self Harm) representative to support the Team and the prisonerwhere there are concerns about the risk a prisoner may present to himself orherself.

• A representative from Sentence Planning/Parole to support the Team by evaluatingwhether sentence-planning targets are appropriate and ensure that informationconcerning a prisoner's risk is presented to the Parole Board in a suitable and timelymanner. The Parole representative will monitor any possibility of early release andadvise the Team of the likelihood of such changes.

• A psychologist or treatment provider would contribute by advising the Team abouttreatment needs and monitor the performance of a prisoner before, during and aftertreatment. It will be appropriate to identify how well a prisoner is responding totreatment and intercede where the need arises to reduce the potential for re-offending.

• A Personal Officer may be able to make a substantial contribution by providinginformation about a prisoner's behaviour and an evaluation of his relationship withother prisoners. This person would be able to keep the Team informed with entries

made on the prisoner's history sheet, the residential unit's observation book and theanti-bullying procedures records.

• A Public Protection/Risk Assessment Coordinator would be key to ensuring that allinformation is recorded correctly and that the public protection measures are inplace. This would involve, initially identifying prisoners, collating information fromstaff, other agencies, correspondence officer, visits staff and PinPhone monitoring.The Coordinator would also carry out child safety assessments for children visitingchild sex offenders (Child Protection Measures), manage the harassmentprocedures and act as an interface with family visits and parenting courses whereappropriate. This person would act as secretary to the Chair and coordinate themeetings.

Benefits

3. The Risk Management Team would deal with the needs of the establishment and theprisoner by feeding information into other processes. This would allow resources to bechannelled where most needed, so improving efficiency and ultimately reducing thelikelihood of re-offending by provision of treatment, training, education and vocationalqualifications. This will also inform appropriate supervision and monitoring and contributeto successful resettlement.

4. Each prisoner assessment will provide more detailed information for sentence managementpurposes, where a prisoner's needs are discussed and an action plan agreed. Theprovision of OASys will assist the Team to make regular observations of a prisoner'sprogress.

5. The team will be able to make decisions based on a prisoner's dynamic risk. It will becapable of identifying grooming and conditioning and decide on an appropriate course ofaction. (Grooming is a term used to describe the process where a prisoner may take actionwhilst in prison to identify a possible victim when he/she is released from custody.Conditioning is the process used by a prisoner to establish a situation from where groomingmay take place. For example a child sex offender may condition a single parent to providea base where he/she may groom a child for the purpose of abuse.)

6. The Team will be able to monitor a prisoner's vulnerability to self-harm or a danger of harmfrom other prisoners, either physical or sexual. The Team would also be able tocompliment the Shared Cell Risk Assessment process.

7. The Team will become involved with the decision to allow children to visit child sex

offenders. In particular to call for, and participate in, a Child Protection Strategy Conferencewith outside agencies, including the Social Services, where there is a perceived risk to achild. (It is important to review any decision not to allow a child to see his/her parent toestablish if there has been any change in circumstances since the original decision wastaken.) Decisions taken by a multi-agency group will stand up to judicial review.

8. The provision of detailed information as a result of this process will help to enhance thePrison Service contribution to MAPPP meetings which may be in the form of personalattendance and/or a written report(s). The Interdepartmental Risk Management Team wouldbe well placed to nominate the most appropriate person to attend. Where difficulties arise inattending MAPPPs in the area where the prisoner is to be resettled, transfer to anestablishment in the area of release might be considered and a full briefing provided to thereceiving establishment.

Resources

9. Resources required at each establishment to adopt this model will depend on the numberof prisoners in custody who are identified as being dangerous. It is stressed thatdangerous offenders do not only include sexual offenders but establishments with a highnumber of sex offenders are likely to identify a higher number of dangerous offenders. Onekey indicator would be to identify how many prisoners are in custody subject to PSO 4400Child Protection Measures. Identification of other dangerous offenders is more complex,but will be assisted by the introduction of OASys.

10. Establishments have dealt with the provisions of PSO 4400 Chapters 1 & 2 for some time.Those who have identified dedicated staff to do this work have managed to create moreeffective systems and have gained higher audit results. It would therefore be beneficial toidentify either a part or full time Public Protection/Risk Assessment Coordinator. Much ofthis role is already being carried out in establishments by a number of people in differentdepartments. The creation of a single post might therefore alleviate pressure in someareas and may be possible without the deployment of significant additional resources.

11. There are a number of ways we can approach risk management. At the moment wedepend on Sentence Management, which is a blanket cover across the estate. By carefulidentification of risk we can focus on those who are the most dangerous and carryout adynamic assessment at key points throughout the sentence, which will provide anopportunity to reduce that risk.

Approach

12. If risk management is only carried out at a fixed point before release, (six months or threemonths) the ability to change a prisoner's attitude to offending and his/her ability to succeedwill be reduced. If risk management is focussed on those who present the greatest risksoon after reception, and reviewed at key stages in the sentence, we will be able toeffectively address the prisoner's needs and reduce the chance of re-offending byintervention and enhanced risk management. We will also be able to fulfil our obligation toMAPPA by providing a comprehensive outline of the prisoner's potential to re-offend.