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Sex offender management
20/10/2008
Detailed reports of how police, prison and local authorities are working together to manage sex offenders were published for the first time today.
The 'responsible authorities' have published annual reports outlining the progress made in the first year of the multi-agency public protection arrangements (MAPPAs) for each of Scotland's eight Community Justice Authority areas.
MAPPAs came into force in April 2007, ensuring the police, Scottish Prison Service and local authorities, working with other agencies where required, jointly assess, share information about and manage certain offenders in the community.
The reports for 2007-08 show that across Scotland:
- 3,131 registered sex offenders were living in Scottish communities on March 31, 2008
- 3,063 offenders complied with the notification requirements of the sex offenders register
- 183 breaches of the notification requirements were reported
- nine offenders managed at either level 2 or the most intensive level 3 were charged with a serious further offence
Commenting on the reports, Justice Secretary Kenny MacAskill said:
"Sex offenders and the risk of re-offending when in the community is an issue of concern to all of us. Since devolution, three expert reviews and a cross-party inquiry have led to significant reforms to how these individuals are managed. MAPPAs have strengthened how police, social work and other agencies work together to assess, monitor and reduce risks posed by convicted sex offenders.
"Today's reports provide clear evidence that the responsible authorities are developing a comprehensive response to a complex and sensitive issue, using professional judgement to properly target resources to the key risks.
"Throughout the year dedicated professionals are taking difficult decisions and developing detailed plans to safeguard our communities from the risks posed by sex offenders. The reports allow greater access to information, as does the public information campaign we are currently developing to raise awareness and provide advice to parents, children and communities to help them further reduce risks of exposure to harm.
"So much work has been done and much more is in hand. We remain ever-vigilant and stand ready to work with the responsible agencies and Parliament to consider further steps as necessary to further enhance the safety of our communities."
Deputy Chief Constable Bill Skelly, of the Association of Chief Police Officers Scotland (ACPOS) said:
"Over the past few years the police in Scotland have engaged with partners across Scotland on a broad range of policing issues with child protection probably being the most mature of these collaborations. ACPOS sees MAPPA as an extension of that model where police officers engage formally with social workers, housing officials, NHS staff, prison officers and other agencies to consistently share information and develop joint management plans to protect the public.
"Risk can never fully be eliminated, however MAPPA provides the framework within which all reasonable steps can be taken to reduce potential for re-offending.
"The publication of the annual reports represent a significant milestone in the implementation of MAPPA in Scotland. They demonstrate the commitment of the responsible agencies and the Scottish Government and will provide impetus for consolidation and further development in the future."
Sandy Riddell, convener of the Association of Directors of Social Work (ADSW) criminal justice committee, added
"ADSW welcomes the first annual reports on the operation of MAPPA in Scotland. ADSW is fully committed to the principle that effective assessment and management of sex offenders requires close collaborative working between responsible authorities.
"Within each of the eight Community Justice Authorities in Scotland a great deal of work has been undertaken in the past year to establish MAPPA structures and processes. This has involved Local Authorities, Police, Health Boards and the Scottish Prison Service in their role as "responsible authorities". In addition, a range of agencies have been identified within the legislation as having a "duty to co-operate". The requirements of the legislation in this area have also generated a great deal of activity as agencies seek to implement the legislation.
"The publication of the first annual reports on MAPPA operations in Scotland represent an important milestone in the ongoing development of this important work. Agencies have demonstrated their commitment to working together and the first annual reports will provide opportunities for further development based on the experience of the first year of MAPPA."
Councillor Harry McGuigan COSLA's Community Well-being and Safety Spokesperson said:
"COSLA is very pleased with the milestone achieved today in the form of the first annual report on the operation of MAPPA in Scotland. Scotland's Councils are fully committed to community safety and public safety is always the main priority in all cases involving sex offenders. Today's report is proof positive that real progress is being achieved in this often complex area."
Mike Ewart, Chief Executive of the Scottish Prison Service said:
"The Scottish Prison Service welcomes the publication of the inaugural Multi Agency Public Protection Arrangements Annual Report. SPS is committed to effective partnership working, and these reports evidence the value of multi agency partnership working in ensuring public protection."
The Management of Offenders etc. (Scotland) Act 2005 established the MAPPAs and placed them on a statutory basis. The legislation requires the police, Scottish Prison Service and Local Authorities (acting jointly as the 'Responsible Authority') in each of the eight Community Justice Authority areas of Scotland:
- to establish arrangements for assessing and managing the risks posed by registered sex offenders;
- to review and monitor the arrangements; and
- as part of the reviewing and monitoring arrangements, to prepare and publish an annual report on their operation.
Other agencies have been placed under a duty to co-operate with the Responsible Authority. These include:
- Health Boards
- The Principal Reporter to the Scottish Children's Reporter Administration
- Housing Providers which accommodate MAPPA offenders
- Electronic Monitoring providers
MAPPA is the term to describe the arrangements set up locally to assess and manage offenders who pose a risk of serious harm. There are three categories of offender eligible for MAPPA:
- Category 1: Registered Sex Offenders - sexual offenders required to comply with the notification requirements (often referred to as registration) set out in the Sexual Offences Act 2003
- Category 2: Violent offenders - violent offenders convicted on indictment of a crime inferring personal violence and who are on probation or subject to licence following release
- Category 3: Other Offenders - offenders who do not fall into categories 1 or 2, but who have been convicted of an offence which leads the responsible authorities to believe that they continue to pose a risk of serious harm to the public and require multi agency management
National MAPPA guidance indicates the use of three levels of management:
- Level 1: the risks posed by the offender are such that they could be competently managed by a single agency without significantly involving other agencies. The majority of MAPPA cases fall into this level
- Level 2: Inter-agency risk management. This level of risk or complexity of the case is effectively managed by active involvement of more than one agency
- Level 3: Multi-Agency Public Protection Panels (or MAPPPs). The criteria for these critical few cases present as high or very high risk and require close co-operation and oversight at a senior level
Sexual Offences Prevention Orders, Notification Orders and Foreign Travel Orders are intervention tools that restrict the behaviour of offenders and can be applied for through the courts with the intention of preventing them committing serious further offences. A breach of these orders is a criminal offence subject to a penalty of up to five years' imprisonment.