PPANI DRM Training

Ian BaxterPPANI Links Team

Criteria for initial assessment(A) Persons who are subject to the notification requirements

of Part 2 of the Sexual Offences Act 2003 or who have been convicted of a sexual offence or sexually motivated offence and are not subject to the notification requirements of Part 2 of the Sexual Offences Act 2003, but about whom an agency has current significant concerns.

(B) Persons who have from 6 October 2008 been convicted of a violent offence (including homicide) against a child or vulnerable adult; or who have a previous conviction for a violent offence against a child or vulnerable adult and about whom an agency has current significant concerns.

(C) Persons who have from 1 April 2010 have been convicted of a violent offence (including homicide) in domestic or family circumstances; or who have a previous conviction for a violent offence in domestic or family circumstances and about whom an agency has current significant concerns.

(D) Persons who have been convicted on or after 1st September 2011 of a violent offence (including homicide) where the offence, in certain circumstances, has been aggravated by hostility, and the person has received an enhanced sentence; or who have a previous conviction for such an offence and about whom an agency has current significant concerns

(E) Persons subject to a Risk of Sexual Harm Order.

(F) Prisoners sentenced prior to 6th October 2008*- on referral by the NIPS on the basis of current significant concerns and no later than three months prior to their Earliest Date of Release (EDR) or end of tariff. NIPS should make enquiries with relevant other agencies to ensure the necessary evidence of current significant concerns is available prior to referral. The seriousness of the behaviour that led to the conviction and whether it resulted in serious harm being caused, coupled with the impending release, will be counted as current evidence of behaviour on the part of an offender that indicates the risk of his/her causing serious harm to others has increased

*The offence for which the prisoner is currently serving sentence must be an offence highlighted as stated in either A, B, C or D

If a prisoner currently serving a sentence for a PPANI eligible offence (violent offences against children or vulnerable adults; violent offences in domestic circumstances; violent offences motivated by hate – in specific circumstances; and sexual offences) the prisoner is eligible for a pre-release assessment at a LAPPP.

The date of the offence is not relevant: the key criteria for the pre-release assessment at a LAPPP is that the offender is:

(a) Currently serving a current sentence for a PPANI eligible offences and

(b) Release from custody is pending.

There is an exception to this. If a (pre custody) community LAPPP has made an assessment in the full knowledge of the offences which resulted in conviction/imprisonment, there is no automatic requirement for a pre-release LAPPP. However if it is the view of the prison DRM and the extant risk management plan requires updating, then a request for a pre-release LAPPP shouldbe made on a PPANI (1) form.

Reason for referral: This section must outline in detail the reasons why you are referring the person to PPANI

a) Convicted of an offence as outlined in Sec. 3.1 PPANI Manual of Practice. (include details below) or

a) Significant concerns (include evidence below)

DetailsThis section must include information regarding:1. What is the relevant offence and against whom including DOB and

address of victim2. Why you are referring the offender to PPANI3. What are the current concerns and how these affect the risk

assessment and management of the offender.4. Include relevant information such as SA07 analysis, treatment

programmes, Trust involvement, Vulnerable Adult status or complex needs

     

Notification RequirementsConvicted of offence listed in Schedule 3 Sexual

Offences Act 2003 and meet sentencing threshold.

Automatic notification re:• Rape• An offence under Article 122 of the Mental Health

(NI) Order 1986 (offences against women suffering from severe mental handicap).

Juveniles• Most offences require sentence of at least

12 months imprisonment before juvenile offender must register.

• Register for half of the period adult would have to register

• Only exceptionally subject to PPANI

Is sentenced to 30 months or more imprisonment (inc. life)

An indefinite period *

Is admitted to a hospital subject to a restriction order

An indefinite period *

Is sentenced to imprisonment for a term of more than 6 months but less than 30 months

10 years

Is sentenced to imprisonment for 6 months or less

7 years

Is admitted to hospital, without a restriction order 7 years

Is cautioned 2 years

Is given a conditional discharge The duration of the cond. discharge

Received any other disposal (such as a community punishment or fine)

5 years

* Legislation pending to allow appeals after 15 years (8 for Juveniles)

A relevant Offender must notify the police• within 3 days

– of the relevant date (Sect. 83) or

– of a change in circumstances (Sect. 84)

• Required to notify annually, from last notification (Sect. 85)

• Failure to notify; 5 yrs imp (ind)

Information required (Sect 83)

The relevant offender’s• D.o.B.• National insurance number• Name on the relevant notification date (and any

other names he may use)• Home address on the relevant/notification date• Address of any other premises in the UK at which

he regularly resides or stays

Travel outside the UKThe relevant offender must disclose• the date they will leave the UK• the first country to which they will travel and the

first point of arrival• The date of their return to the UK• Failure to notify; 5 yrs imp (ind)Legislation pending to reduce period of travel requiring

notification from 3 days to any travel (except for ROI)

Police Powers (Sect. 87)

Where notification given under Sect. 83(1),84(1) & 85(1) the offender must, if requiredby a police officer, allow;

• His fingerprints to be taken, and/or• Any part of him to be photographed• Power exercisable for verifying ID of offender.• If offender fails; 5 yrs imp. (ind)

Orders• Sexual Offences Prevention Order (SOPO)• Risk of Sexual Harm Order (RSHO)• Foreign Travel Orders• Notification OrdersFurther legislative changes planned to permit positive

obligations in SOPO/RoSHO and “Automatic Notification” for offenders convicted outside UK.

Breach of Order• On summary conviction:

imprisonment for a term not exceeding 6 months, or a fine, or both.

• On conviction on indictment:imprisonment for a term not exceeding 5 years