Multi-Agency Public Protection Arrangements (MAPPA)
Model Memorandum of Understanding
the Responsible Authorities (Police, SPS and CJSW)
the Duty to Co -operate Agencies
within the Area of (xx) Community Justice Authority
1. Sections 10 and 11 of the Management of Offenders (Scotland) Act 2005 (see Annex to this Model Memorandum) require the Scottish Prison Service, local authorities and the police as responsible authorities in the area of a local authority to jointly establish arrangements for the assessment and management of risks posed by sex offenders subject to the notification requirements of the Sexual Offences Act 2003, violent offenders convicted on indictment and subject to a probation order or statutory supervision on release from detention or prison and other offenders whose conviction leads the responsible authorities to believe that they may cause serious harm to the public.
2. In addition, the legislation also provides the Health Service with a statutory function as a responsible authority to establish joint arrangements for the assessment and management of risk posed by mentally disordered offenders who are restricted patients within the above defined categories.
Duty to Co-operate
3. Sections 10(3) and (4) of the Act provide that in establishing and implementing the joint arrangements, the responsible authorities must act in co-operation with such persons as Scottish Ministers specify by Order. As a result it will be the duty of those persons (includes agencies and bodies) specified in the order to co-operate with the responsible authorities. Co-operation must be compatible with the exercise by those persons and authorities of their other statutory functions. It is intended as a means of enabling different agencies to work together but within their legitimate role whilst retaining their responsibility for action. The Act also provides that the Duty to Co-operate is reciprocal and requires agencies to co-operate with each other. The definition of "co-operate" includes the exchange of information. Both public and other agencies are required to act responsibly and jointly to deliver the requirements of the law and compliance with the Duty to Co-operate will be reinforced through regulation and inspection regimes.
4. Section 10(5) of the Act requires the responsible authorities and the duty to cooperate agencies to develop a memorandum such as this, enabling the practicalities of cooperation to be agreed locally.
5. Section 10(7) of the Act defines the "responsible authorities" who are required by section 10(1) to work together to establish joint arrangements for the assessment and management of risks posed by sex and violent offenders. One of the "responsible authorities" is the local authority. It is envisaged that the responsibility for working on the joint arrangements will lie primarily with the Chief Social Work Officer. However, other local authority services, such as education and housing services, will be required to cooperate in the implementation of this work to discharge the corporate responsibility under this function.
6. The following agencies/ bodies in [xx] area with a duty to co-operate are signatories to this Memorandum of Understanding and include:
- Serco Ltd (delivering electronic monitoring services)
- (XX) Health Board
Principles and Purpose of the Duty to Cooperate
7. This Memorandum has been prepared by the responsible authorities in consultation with the duty to co-operate agencies. It is founded on the principles defined by Part 6 of the MAPPA Guidance and sets out the purpose of the duty to cooperate and how that duty will be delivered by the agencies party to the Memorandum.
8. All agencies involved with sex and violent offenders and party to this memorandum are committed to working on a reciprocal basis by:
- sharing relevant information within agreed protocols and the development of good practice in relation to the assessment and management of MAPPA offenders within the area of the CJA ;
- the effective use of resources to manage those offenders; and
- co-operating in order to develop and sustain public confidence in the multi agency public protection arrangements.
9. The purposes of co-operation are to co-ordinate the involvement of different agencies in assessing and managing risk to enable every agency which has a legitimate interest, to contribute as fully as its existing statutory role and functions require in a way that complements the work of other agencies.
10. The duty to co-operate relates only to the operational, case-related work involved in assessing and managing the risks posed by sex and violent offenders as defined by section 10 of the Management of Offenders etc (Scotland) Act 2005.
11. As previously stated the duty to cooperate is reciprocal. It requires the Responsible Authorities to co-operate with the Duty to Co-operate agencies, and those agencies to co-operate with the Responsible Authorities in assessing and managing the risks posed by sex and violent offenders.
12. Duty to co-operate agencies co-operate only in so far as this is compatible with their existing statutory responsibilities. Therefore, the duty does not require the agencies on which it is imposed to do anything other than what they are already required to do. It does require them to carry out their responsibilities, where these relate to sex and violent offenders, however to do so collaboratively with the Responsible Authorities and the other duty to co-operate agencies.
13. The Responsible Authorities and the duty to co-operate agencies must set out the ways in which they are to co-operate in this memorandum. This document constitutes this agreement.
Practicalities of Co -operation (Example can be added to or amended locally)
14. Agencies involved in the process agree to work together.
Disclosure of Information
15. Disclosure of information on registered sex offenders is the responsibility of the Chief Constable. The signatories to this memorandum agree that in any situation where the issue of disclosure is a possibility, the case must be referred to the police. Guidance on the issues to be taken into account by the police when considering disclosure is contained in Part 7 of the MAPPA Guidance.
16. Disclosure of information on other offenders subject to the MAPPA should only be undertaken following discussion with the Responsible Authorities and other duty to cooperate agencies involved.
17. The signatories to this memorandum agree to work to the principles of the Concordat on Information Sharing for Sex Offenders including:
- the implementation and review of national standards (Annex 2 of the Concordat) and
- the adoption and use of the definitions agreed. (Annex 3 of the Concordat.)
18. The protocols appended to this Memorandum provide the basis of the information to be shared between each agency which is a signatory to this memorandum. (N.B.: the Responsible Authorities and Duty to Cooperate agencies should develop protocols on information sharing).
19. The primary objective of the MAPPA is public protection. There will be occasions when the responsible authorities and/or the duty to cooperate agencies cannot reach agreement. The Memorandum should therefore contain an agreed protocol for speedy dispute resolution. It should be noted however that the responsible authorities and duty to cooperate agencies still retain statutory responsibility for discharge of their statutory function.
20. The agencies party to this Memorandum agree to cooperate with the responsible authorities in the preparation of the annual report under section 11 of the Management of Offenders etc (Scotland) Act 2005 e.g. in the provision of statistics, case studies etc
Risk Proofing and Quality Assurance
21. Agencies involved in MAPPA should agree to ensure that they have processes in place for risk proofing and quality assurance of their functions and duties.
Media Handling Strategy (Example)
22. The management of MAPPA offenders requires effective partnerships between all agencies. This includes a joint approach to the media and handling of publicity.
23. The agencies party to this memorandum agree to the following media strategy in relation to the provision of information on individual cases and on the operation of the MAPPA arrangements.
The strategy should include but is not limited to the following:
- The responsible authorities i.e. police, social work, SPS and health board will designate a senior member of staff as a communications or media spokesperson to whom all routine and emergency enquiries or concerns can be referred by the duty to cooperate agencies
- The responsible authorities will liaise with duty to cooperate agencies to ensure that they are aware of media attention or impending media reports.
Status of the Memorandum of Understanding
24. This Memorandum is a working document and subject to review and may be altered at any time to reflect changing circumstances. Such changes will be subject to the agreement of all parties.
25. The review of this document will take place on [Set date for review]
26. The parties to this Memorandum are: [List parties]…….
Assessing and managing risks posed by certain offenders
Arrangements for assessing and managing risks posed by certain offenders
(1) Subject to subsection (11), the responsible authorities for the area of a local authority must jointly establish arrangements for the assessment and management of the risks posed in that area by any person who-
(a) is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c.42);
(b) has been convicted on indictment of an offence inferring personal violence and-
(i) is subject to a probation order under section 228(1) of the Criminal Procedure (Scotland) Act 1995 (c.46); or
(ii) is required, having been released from imprisonment or detention, (or will be required when so released), to be under supervision under any enactment or by the terms of an order or licence of the Scottish Ministers or of a condition or requirement imposed in pursuance of an enactment;
(c) has, in proceedings on indictment, been acquitted of an offence inferring personal violence if-
(i) the acquittal is on the ground of insanity; and
(ii) a restriction order is made in respect of the person under section 59 of that Act of 1995 (hospital orders: restriction on discharge);
(d) has been prosecuted on indictment for such an offence but found, under section 54(1) of that Act of 1995 (insanity in bar of trial), to be insane; or
(e) 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.
(2) It is immaterial-
(a) for the purposes of paragraph (a) of subsection (1), where the offence by virtue of which the person is subject to the notification requirements was committed (or, if the person is subject to the notification requirements by virtue of a finding under section 80(1)(b) of the Sexual Offences Act 2003 (c.42), where anything that he was charged with having done took place);
(b) for the purposes of paragraph (b) or (e) of that subsection, where the offence of which the person has been convicted was committed; or
(c) for the purposes of paragraph (c) or (d) of that subsection, where anything that the person was charged with having done took place.
(3) Subject to subsection (11), in the establishment and implementation of those arrangements, the responsible authorities must act in co-operation with such persons as the Scottish Ministers may, by order made by statutory instrument, specify.
(4) Subject to subsection (11), it is the duty of-
(a) any persons specified under subsection (3) to co-operate; and
(b) the responsible authorities to co-operate with each other,
in the establishment and implementation of those arrangements; but only to the extent that such co-operation is compatible with the exercise by those persons and authorities of their functions under any other enactment.
(5) In the area of each local authority the responsible authorities and the persons specified under subsection (3) must together draw up a memorandum setting out the ways in which they are to co-operate with each other.
(6) The Scottish Ministers may issue guidance to responsible authorities on the discharge of the functions conferred on those authorities by this section and section 11.
(7) In this section and in section 11, the "responsible authorities" for the area of a local authority are-
(a) the chief constable of a police force maintained for a police area (or combined police area) any part of which is comprised within the area of the local authority;
(b) the local authority;
(c) a Health Board or Special Health Board for an area any part of which is comprised within the area of the local authority; and
(d) the Scottish Ministers.
(8) The Scottish Ministers may by order made by statutory instrument amend the definition of the "responsible authorities" in subsection (7).
(9) A statutory instrument containing an order under-
(a) subsection (3) is subject to annulment in pursuance of a resolution of the Parliament;
(b) subsection (8) is not made unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.
(10) Different provision may be made under subsection (3) for different purposes and for different areas.
(11) The functions and duties, under the preceding provisions of this section and under section 11, of the responsible authorities mentioned in subsection (7)(c) extend only to the establishment, implementation and review of arrangements for the assessment and management of-
(a) persons subject to an order under section 57(2)(b) of the Criminal Procedure (Scotland) Act 1995 (c.46) (imposition of special restrictions in disposal of case where accused found to be insane);
(b) those subject to a restriction order under section 59 of that Act (provision for restrictions on discharge);
(c) those subject to a hospital direction under section 59A of that Act (direction authorising removal to and detention in specified hospital); or
(d) those subject to a transfer for treatment direction under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (transfer of prisoners for treatment for mental disorder).
(12) But it is the duty of the responsible authorities mentioned in subsection (7)(c) to co-operate (to the extent mentioned in subsection (4)) with the other responsible authorities, with each other and with any persons specified under subsection (3), in the establishment and implementation of arrangements for the assessment and management of persons other than those mentioned in paragraphs (a) to (d) of subsection (11).
(13) In subsection (7)(c)-
"Health Board" means a board constituted by order under section 2(1)(a) of the National Health Service (Scotland) Act 1978 (c.29); and
"Special Health Board" means a board so constituted under section 2(1)(b) of that Act.
(14) The reference in subsection (7)(d) to the Scottish Ministers is to the Scottish Ministers in exercise of their functions under the Prisons (Scotland) Act 1989 (c.45).
Review of arrangements
(1) The responsible authorities must keep the arrangements established by them under section 10 under review for the purpose of monitoring the effectiveness of those arrangements and making any changes to them that appear necessary or expedient.
(2) As soon as practicable after the end of each period of 12 months beginning with 1st. April, the responsible authorities must-
(a) jointly prepare a report on the discharge by them during that period of the functions conferred by section 10;
(b) publish the report in the area of the local authority; and
(c) submit the report to the community justice authority within the area of which the area of the local authority is comprised.
(3) The report must include-
(a) details of the arrangements established by the responsible authorities; and
(b) information of such description as the Scottish Ministers have notified to the responsible authorities that they wish to be included in the report.