Multi Agency Public Protection Arrangements (MAPPA) in Scotland 1

The purpose of MAPPA Provide a framework, for the ‘responsible authorities’ to work together in assessing and managing those offenders who pose a risk of serious harm…

The Police Local Authorities Health Board or Special Health Board Scottish Prison Service

Legislative Basis Section 10 and 11 of the Management of Offenders etc. (Scotland) Act 2005 the responsible authorities…must jointly establish arrangements for the assessment and management of the risks posed by any person who…

…is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 Category 1

Mentally disordered restricted patients subject to any of the following orders or directions come 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 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.

Category Two Section 10(1)(b) - convicted on indictment of a crime inferring personal violence and either subject to a Community Payback Order with a specific supervision requirement, or required on release from custody to be under supervision by any enactment, order or licence. Section 10(1)(e) provides for the capture of any other offenders who, by reason of their conviction, are considered by the responsible authorities to represent a risk of serious harm. Category Three

8 Identify Notify Refer Assess ManageExit

9 Levels at which risk is assessed in MAPPA Level 1 routine risk management Level 2 multi agency risk management Level 3 multi agency public protection panels

Total number of offenders subject to the Sex Offender Notification Requirements

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15 Restricted Patients in MAPPA 76% Level 1 24% Level 2

Where next for MAPPA? 16

MAPPA Guidance Review 17

18 Risk Management Risk assessment Risk management Contingency planning

19 Assessed as posing a high risk of re-offending… However rationale for reaching this conclusion was not sufficiently clear in the documentation... a more thorough assessment of his offending behaviour and a greater understanding of the risk posed by him would have resulted in a better informed and structured risk management plan Thomas Bennie Smith SCR:

20 Recommendation 4: Responsible Authorities must ensure a comprehensive and defensible Risk Management Plan is developed prior to offender release from prison…The Responsible Authorities utilised an Action Log format of Risk Management Plan which while acceptable in basic cases, the risks associated with this case should have merited a more structured Risk Management Plan SCR Ryan Yates 2012

21 Recommendation 10 It is recommended that all agencies ensure that all decisions they are involved in concerning risk assessment and risk management are clearly recorded and that there is supporting documented evidence recorded to explain the justification for the risk level applied to an offender Recommendation 11 The risk management plan relating to an offender should be explicit about what risk factors apply to that offender… The risk management plan must detail actions necessary to address the risk factors associated with the offender … The risk management plan must make it clear how the actions to manage the offender in the community link to each of the risk factors identified. SCR George Cameron 2013

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MAPPA Extension Project 28

Category Two Section 10(1)(b) - convicted on indictment of a crime inferring personal violence and either subject to a Community Payback Order with a specific supervision requirement, or required on release from custody to be under supervision by any enactment, order or licence. Section 10(1)(e) provides for the capture of any other offenders who, by reason of their conviction, are considered by the responsible authorities to represent a risk of serious harm. Category Three

Order for Lifelong Restriction 30 “Where the offender is subject to the SONR it is anticipated that the role of the Multi- Agency Team will be undertaken by MAPPA” “The lead authority should appoint a multi- agency team that has delegated responsibility for risk assessment…and management…this group may be convened through existing structures…(MAPPA, Restricted Patient Multi- disciplinary Teams)” Risk Management Authority - Standards & Guidelines for Risk Management 2013

31 Category Three Section 10(1)(e) provides for the capture of any other offenders who, by reason of their conviction, are considered by the responsible authorities to represent a risk of serious harm.

32 Section 10(1)(e) any person who has been convicted of an offence if, by reason of that conviction, the person is considered by the responsible authorities to be a person who may cause serious harm to the public at large… In Legislation In Guidance …and that risk of serious harm is considered to be high or very and requires active multi agency management at MAPPA Level 2 or Level 3 Very high: there is an imminent risk of serious harm. The potential event is more likely than not to happen imminently and the impact would be serious High: there are identifiable indicators of risk of serious harm. The potential event could happen at any time and the impact would be serious

33 and is either subject to a Community Payback Order with a specific supervision requirement, or required on release from custody to be under supervision by any enactment, order or licence. In Legislation Section 10(1)(e) any person who has been convicted of an offence if, by reason of that conviction, the person is considered by the responsible authorities to be a person who may cause serious harm to the public at large… In Guidance

34 Section 10(1)(e) any person who has been convicted of an offence if, by reason of that conviction, the person is considered by the responsible authorities to be a person who may cause serious harm to the public at large… In Legislation In Guidance and the risk of serious harm posed is assessed as high or very high and requires active multi agency management at MAPPA Level 2 or Level 3 and is either subject to a Community Payback Order with a specific supervision requirement, or required on release from custody to be under supervision by any enactment, order or licence.

35 Identify Notify Refer Assess ManageExit What are the advantages and disadvantages of each criteria in terms of the MAPPA process?

36 Section 10(1)(e) any person who has been convicted of an offence if, by reason of that conviction, the person is considered by the responsible authorities to be a person who may cause serious harm to the public at large… In Legislation In Guidance …and that risk of serious harm is considered to be high or very and requires active multi agency management at MAPPA Level 2 or Level 3 Very high: there is an imminent risk of serious harm. The potential event is more likely than not to happen imminently and the impact would be serious High: there are identifiable indicators of risk of serious harm. The potential event could happen at any time and the impact would be serious

37 and is either subject to a Community Payback Order with a specific supervision requirement, or required on release from custody to be under supervision by any enactment, order or licence. In Legislation Section 10(1)(e) any person who has been convicted of an offence if, by reason of that conviction, the person is considered by the responsible authorities to be a person who may cause serious harm to the public at large… In Guidance

38 Section 10(1)(e) any person who has been convicted of an offence if, by reason of that conviction, the person is considered by the responsible authorities to be a person who may cause serious harm to the public at large… In Legislation In Guidance and the risk of serious harm posed is assessed as high or very high and requires active multi agency management at MAPPA Level 2 or Level 3 and is either subject to a Community Payback Order with a specific supervision requirement, or required on release from custody to be under supervision by any enactment, order or licence.

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Significant Case Review Child Protection Adult Protection MAPPA Care Inspectorate – Serious Incident Reports Critical Incident Reviews - Health

42 27 ICR reports in 2013/14 – 22 Level 1 – medium/low risk 20 police lead responsible authority Alcohol abuse or use a factor in 13 cases Chaotic lifestyle/ non-compliance noted in 7 cases 3 cases progressed to SCR – (All cases hit the criteria for an SCR)

43 In 14 cases the new offence was Rape 3 were murder 7 were contact offences 1 was internet related 2 the offender was murdered

44 Governance arrangements Time from commission to publicati on Main issues of the current process Under-reporting Resourcing of a revi ew Training of reviewers

Multi Agency Public Protection Arrangements (MAPPA) in Scotland 45