MULTI AGENCY PUBLIC PROTECTION ARRANGEMENTS (MAPPA) GUIDANCE
1. This guidance provides the model to support the provisions in Sections 10 and 11 of the Management of Offenders (Scotland) Act 2005. The provisions fulfil recommendation 49 of the report of the Expert Panel on Sex Offending, "to place a statutory duty on Chief Constables and Chief Social Work Officers to jointly establish arrangements for assessing, monitoring and managing risk". This was further endorsed by the multi agency membership of the Information Sharing Steering Group, chaired by the Solicitor General, and extended to include the Scottish Prison Service and the Health Service in respect of mentally disordered offenders as well as the police and local authorities as responsible authorities.
2. The need for the introduction of statutory provision and a partnership approach to the management of the risk posed by sex and violent offenders has been further highlighted by recent high profile sex offender cases in which it was apparent that the capacity of individual agencies to assess, plan and manage the needs of offenders who pose a risk to the community is diminished because of the natural limit imposed by each agency's statutory function and professional boundaries.
3. The legislation provides the framework within which the measures taken by the Executive and its partner agencies to improve public protection can be delivered in a cohesive and consistent way.
4. The Scottish Executive chaired Tripartite Group, with membership from the Scottish Prison Service, the Association of Directors of Social Work and the Association of Chief Police Officers Scotland, has been overseeing the work to prepare this guidance in order to implement the legislation.
5. The Tripartite Group also agreed that the model for the establishment of the joint arrangements should be developed along the lines of those of the Multi Agency Public Protection Arrangements (MAPPA) in operation in England and Wales. Following agreement during the passage of the legislation, the provisions will be commenced in the first instance for sex offenders.
MAPPA Model 
6. The fundamental purpose of MAPPA is public safety and the reduction of serious harm. The protection of children, vulnerable adults and other victims is paramount. Like other effective multi-agency processes, the MAPPA offers the potential for a co-ordinated approach to the management of sexual and violent offenders in the community who pose a risk of serious harm to others.
7. Rooted in the Human Rights Act principles of necessity and proportionality, MAPPA acknowledges the complex nature of much serious re-offending behaviour which often prevents any single agency from being able to deliver an effective risk management plan alone. Rather MAPPA recognises that a coordinated risk management plan combining members of the Responsible Authorities and the duty to co-operate agencies offers the best chance of achieving public safety.
8. MAPPA are founded on the basis of targeting resources where they are most required. The guidance identifies three key stages of MAPPA notification and referral and the arrangements, which underpin them. But it should be borne in mind that following notification to the MAPPA, onward referral of prisoners/offenders to level 2 or level 3 (MAPPP) must be on the basis of the assessment of the risk of serious harm posed by that individual.
9. Sections 10 and 11 of the Management of Offenders (Scotland) Act 2005 (See Annex A) 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 supervision following release from prison and offenders whose conviction leads the responsible authorities to believe they may cause serious harm to the public.
10. 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 within the above defined categories. The arrangements for the management of mentally disordered offenders will be dealt with under the Care Programme Approach to which this strategy also applies.
Duty to Co-operate
11. 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 in an order made by Scottish Statutory Instrument. 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.
12. The duty to co-operate is reciprocal. It will require the responsible authorities to co-operate with the duty to co-operate agencies and, in turn, those agencies to co-operate with the responsible authorities. Agencies to be named under the duty to co-operate SSI include: registered social landlords, Scottish Children's Reporter Administration (SCRA), electronic monitoring providers and voluntary organisations providing services to or on behalf of a responsible authority in connection with the assessment and management of the risks posed by any person to whom section 10 (1) applies.. The health service will also be under a duty to co-operate for offenders who fall within the categories identified above but are not mentally disordered.
13. The duty to co-operate will be underpinned by a Memorandum prepared by the responsible authorities in consultation with the duty to co-operate agencies in each local authority area. The purpose of the memorandum is to enable the practicalities of co-operation to be agreed locally to ensure that there is a clear and agreed understanding by all involved of their roles and responsibilities. It is envisaged that the Memorandum will also include the Concordat on Sharing Information on Sex Offenders and be supported by protocols on sharing information. Guidance on the development of model protocols has already been issued but is also included in the MAPPA guidance.
Definition of Co-operate
14. Section 1(2) of the Act defines "co-operate" to include the exchange of information.
Review and Reporting arrangements
15. Section 11 of the Act requires the responsible authorities to keep the joint arrangements under section 10 under review for the purpose of monitoring their effectiveness, and making any necessary changes. The responsible authorities are also required to make a joint report on the discharge of their functions under section 10, to publish the report in the area of the local authority, and submit the report to the Community Justice Authority. The report must include details of the arrangements established and information required by Scottish Ministers. Section 3(10) of the Act requires the Community Justice Authority to send a copy of the report to Scottish Ministers. (In practice this will submitted to the National Advisory Body which is chaired by the Justice Minister)
 Home Office Probation Circular 54/2004