County Durham

Multi-Agency Public Protection Arrangements Annual report 2004-5

Forward
By Baroness Scotland Minister of State for Criminal Justice and Offender Management
The work being undertaken to improve the safety of communities through the Multi-Agency Public Protection Arrangements (MAPPA) is vitally important and a priority for government. The annual reports for 2004/5 provide evidence of that active engagement. Violence and sexual abuse are unacceptable wherever they occur and it is evident that through MAPPA such offenders are identified and better managed than ever before. As the number of offenders within MAPPA continues to grow as expected there is clear evidence that the Responsible Authority, that is the local police, probation and the Prison Service, is addressing these additional demands by strengthening local partnerships, using new statutory powers to restrict the behaviour of offenders, returning offenders to custody where they breach their licence or order, and using the findings of research and inspection to strengthen national guidance and local practice. Although it is never possible completely to eliminate the risk posed by dangerous offenders, MAPPA is helping to ensure that fewer people are re-victimised. The active implementation of the Criminal Justice Act (2003) during the last year has clearly enhanced the ability of a number of agencies including health, social services and housing to work collaboratively with the Responsible Authority in assessing and managing those sexual and violent offenders in our communities who pose the highest risk of serious harm. For the continued success of MAPPA this collaboration together with the scrutiny of policy and practice must become the hallmark of these arrangements. Similarly MAPPA must integrate with other public protection mechanisms dealing with child abuse, domestic abuse and racial abuse. For me one of the most exciting developments in this arena in the last 12 months has been the appointment of lay advisers to assist the Responsible Authority in the oversight of the arrangements. As ordinary members of the public these lay advisers represent a diverse, able and committed group of people who are now helping the statutory agencies to oversee the work being undertaken through MAPPA and communicate with the public more effectively. Without a growing sense of public knowledge and confidence about this work much of the benefits of the public protection arrangements will be lost.

Introduction
By Pam McPhee CBE Chief Officer County Durham Probation Service, Durham Constabulary Chief Constable Paul Garvin and Niall Clifford HM Prison Service North East Area Manager "We have great pleasure in presenting you with this, the fourth annual report on public protection arrangements in County Durham and Darlington and we take great pride in the developing strength and continued success of what we have put in place on behalf of the local communities. The publication of this report reinforces the successful, effective and rigorous arrangements we have in place to manage potentially dangerous offenders. We are proud of our record of managing those critical few offenders who pose a potential risk to the public, and the low level of re-offending by those under supervision is testimony to this. This success is the result of the intensive multi-agency attention that has gone into each offender and the result of rigorous enforcement action. More importantly we are continuing to build on the existing cooperation of local agencies and the public to monitor and supervise those individuals who may present a real threat of harm to our communities. Readers of this report may be concerned that the number of people on the Sex Offender Register is growing. As with any new registration process, the number of Registered Sex Offenders will continue to rise until the system has been in place for some time. The fact that the numbers have gone up at all means that the same rigorous standards of monitoring now reach a higher number of people and re-offending becomes less likely. This report marks another step in the increasingly collaborative and joined up working of the various criminal justice organisations and their improved links to important local services such as housing, social services, the voluntary sector and more recently, the prisons. We hope you will be impressed by what this report has to say and will be reassured by the hard work being carried out in County Durham and Darlington. This report allows us to demonstrate the work of all of agencies involved in the success of the collaboration which is required to manage this work

What is MAPPA?
MAPPA stands for Multi-Agency Public Protection Arrangements. These arrangements provide the framework for the co-ordinated risk management of potentially dangerous offenders by different agencies. Its aim is to protect the public from these offenders once they are given community sentences or are released from prison. There are three categories of offenders managed under the MAPPA arrangements:

1. Registered Sex Offenders (RSO's) 2. Violent and other sexual offenders 3. Other offenders who are assessed as posing a risk of serious harm to the public

Just as there are three categories of MAPPA offenders, there are also three levels of risk which offenders fall into under the MAPPA process: Level 1 is the lowest risk. These people will be managed by a single agency, usually the Probation Service or the Police but also the Youth Service or health care agencies. Level 2 offenders pose a higher risk and are managed by Multi-Agency Risk Management Meetings, which draw in staff from across the statutory and voluntary sector. Level 3 is the highest risk and is reserved for the critical few who present a risk of serious harm in the community. Comprehensive assessment tools are used to ensure that they are properly identified, monitored and supervised. These offenders are managed by Multi Agency Protection Panels, chaired by a chief officer from probation. Part of his/her task is to draw together comprehensive risk management plans and to hold other agencies to account for there part in the plans which are reviewed on a regular basis. A tool which is increasingly coming into use in the MAPPA arena is the Sexual Offences Prevention Order. Prior to May 2004 these Orders could only be obtained by application to a Court and could involve long and drawn out proceedings. New legislation has allowed courts to make SOPOs on conviction and the Public Protection Unit has taken the opportunity to ask Courts to consider such orders in every case where they could assist in managing offenders more safely in the community. Sentencers appear to have welcomed this decision and in most cases have followed the proposals made by Probation staff in their reports. It has resulted in some very practical steps to control the behaviour of offenders. Such orders have limited their access to the internet, prevented unsupervised contact with children and prevented access to areas where children might gather, such as playgrounds or leisure centres.

More about MAPPA
MAPPA has been in place since 2001 in all 42 Police and Probation areas in England and Wales. MAPPA has been designed to ensure that any prisoner released from prison or any other offender in the community who poses a risk is thoroughly assessed and rigorously monitored. The figures shown in this report represent the total number of MAPPA offenders in the County Durham Area who fall under section 67 (6) of the Criminal Justice Act and Court Services Act 2000. The numbers have risen in the past year but this does not mean that Co. Durham and Darlington has become a more dangerous place to live. The rise comes about largely from the number of offenders who are subject to sex offender registration requirements. The majority of these offenders are subject to registration for long periods of time, the result being that we are continually adding new people to the register but rarely removing any names. Very few of these offenders reoffend. Only a small proportion of offenders pose a high risk or very high risk of harm and require management by Multi-Agency Public Protection Panels. On April 1st 2004 new MAPPA requirements came into force as a result of the Criminal Justice Act 2003. This places statutory responsibility for MAPPA on the Prison Service as well as the Police and Probation Service, but more importantly strengthens the link with other partner agencies by introducing a legal 'Duty to Cooperate' ensuring public protection is addressed comprehensively within your community. While the National Probation Service County Durham, County Durham Police and, since last year, the Prison Service, make up the 'responsible authority', the operational arm of MAPPA is the Public Protection Unit based in Durham. The County Durham Public Protection Unit is unique in the fact that Police and Probation Officers work side by side in one location along with staff from the Youth Engagement Service and a Community Psychiatric Nurse. The key roles of the unit are:

* Receiving preliminary assessments of potentially dangerous offenders * Supervising registered sex offenders and other high risk offenders in the community * Advising on arrangements for sharing information, assessment and managing cases * Convening multi-agency protection panels * Quality control of risk management plans * Maintaining a register of sex offenders * Co-ordinating sex offender risk management panels * Providing some intelligence work *Linking with other public protection arrangements in the region and nationally

Representatives from the Public Protection Unit attend all risk management meetings and public protection meetings where factors relating to the offender and his/her offences are taken into consideration as well as the welfare and protection of past victims and the public in general.

continued....

The public protection unit and all partner agencies sign up to the MAPPA protocol, which means they share information and agree joint action to maximise the amount of protection for the public from potentially dangerous offenders. The strict protocol does not allow for the sharing of information with other agencies or outside parties who have not signed up to the formal agreement.
Case study Peter was coming to the end of a five and a half year sentence of imprisonment for Indecent Assaults and Threats to Kill. Due to the fact that he would be 21 upon his release, he would be supervised by the Probation Service on license from prison. Peter had a history of behavioural problems and had been placed in the care of the local authority from an early age. Approximately three months prior to his release from prison it was evident that both Social Services and Youth Engagement Services had a significant amount of information relating to Peter which needed to be shared. Due to concerns arising from his original offence and additional concerns raised by Prison Staff whilst he was in custody, a Public Protection Panel was convened and all relevant agencies attended the initial meeting whereby Peter was assessed as posing a Very High Risk of Harm to the public on release. Through information collated and shared at the meeting from all agencies, it quickly became evident that significant factors relating to the risk Peter posed to others could have been lost had the meeting not been held. Agencies then worked together to establish exactly who would be at risk and in what situations and past victims and others potentially at risk were contacted. The meeting was able to facilitate Peters registration as one of the 'critical few' National Public Protection cases. An immediate referral for a Mental Health assessment was initiated and resulted in Peter having an enhanced supervision status upon his release The meeting required him to live in accommodation where he was supervised and monitored 24hours per day in addition to electronic monitoring. Within four weeks of his release this enhanced supervision facilitated Peters immediate recall to prison following a breach of his stringent licence conditions. The time from the recall being requested to his arrest was less than one hour and no new victims were created. Peter is currently in custody and is undergoing an assessment for admission to a secure psychiatric hospital where he can receive the specialist treatment he clearly needs. Future plans will be made through the MAPPA.

Victim Liaison through MAPPA
The County Durham Probation Service Victim Liaison Unit covers a large area and currently has over 300 'live' cases. Victims are contacted by a Victim Liaison Officer only if the offenders who committed the crimes have been imprisoned for more than 12 months for serious sexual or violent offences. Within eight weeks of sentence, a Liaison Officer will contact the Police to obtain details about the victim or next of kin. The Liaison Officer will then send a letter introducing the service, accompanied by a leaflet informing the victim of their rights under the Victims Charter. The uptake from victims within the County Durham Probation Service Area is high and victims can choose to participate in the scheme at any time throughout the sentencing/supervision process until the licence expires. Victims are entitled to know of any key developments regarding the offender, such as:
* Details of a recall or a reduction in sentence after an appeal * If an offender applies for or is given a work placement in the Community * If the offender absconds * If the offender is transferred to a different prison * The outcome of a parole review * If the case is closing and contact with the offender is being ended * When the offender is due to be released * Where the offender hopes to live on release

Victim Liaison Officers in the Durham area work very closely with the Police, Domestic Violence Officers and Forums, Social Services and housing departments and they rely on Probation Officers - both in the County Durham area and across the country - for relevant and precise information on offenders. Victim Liaison Officers also feed in to the MAPPA arena and represent the victim's views. The vast majority of victims are extremely fearful and anxious, especially leading up to an offender's release. Victim Liaison Officers work alongside Supervising Officers and agencies, sharing and providing information. Licence conditions can be requested as a means of offering some protection/reassurance towards the victims. These can be 'no contact directly or indirectly with the victim(s)' and if appropriate, extended family members and/or exclusion of residence, whilst also being aware of Data protection, Human Rights Act and a base level of sharing information.
Case study Miss A was a victim of serious domestic violence. The offender responsible was on licence and the victim was worried and scared. A Victim Liaison Officer worked closely with Miss A, arranging for an alarm and a camera to be fitted in her home and in the homes of family members related to both Miss A and the offender. A number of risk management meetings took place leading up to the release date of the offender and a police bulletin containing pictures and an action plan was circulated to all agencies involved. As suspected by the Police and Probation Officers, the offender was released and immediately returned to the area where Miss A and other family members lived. As he was excluded from this area, the Victim Liaison Officer worked closely with the local police, a Domestic Violence Officer and the offender's Probation Officer to obtain a recall order. Thanks to working in close partnership with other agencies, the offender was picked up and returned to custody within a few of hours.

The role of the Prison Service in MAPPA
One of the important ways in which the Criminal Justice Act (2003) strengthened the MAPPA was to make the Prison Service part of the Responsible Authority with police and probation in each of the 42 Areas in England and Wales. The Prison Service has been given this enhanced role in recognition of the important part it plays in protecting the public by keeping offenders in custody; helping them to address the causes of their offending behaviour; and by undertaking other work to assist their successful resettlement. As part of the Responsible Authority, the Prison Service is now represented on each of the Strategic Management Boards (SMBs) in the 42 Areas. The Prison estate is configured differently from Police/Probation areas in that its establishments are contained within only 12 geographical areas and two functional areas - the High Security estate and Contracted Prisons. For this reason arrangements for Prison Service representation on SMBs vary across the country, but each Prison Service Area Manager has entered into an agreement with the SMBs on how the Service will contribute both strategically and operationally to the MAPPA. The main focus of the Prison Service contribution is at an operational level. A number of measures have been put in place across the prison estate to ensure that this will be effective and result in:
Prompt identification of MAPPA offenders so that their details can be used in sentence planning arrangements, including interventions to manage and reduce risk Regular monitoring of the behaviour of those assessed as presenting the highest risk and sharing information with police and probation colleagues All relevant risk management information being provided to multi agency meetings which help plan an offender's release At least three months notification to police and probation of the expected release dates of those offenders who have been referred to the multi-agency public protection panel and at least six weeks notification of those being managed at level 2 risk meetings No changes to release dates or arrangements being made without prior consultation with police and probation

Playing an effective role in the multi agency risk management of MAPPA offenders requires good communication between criminal justice partners. The Prison Service has taken steps to ensure that there are dedicated points of contact for public protection at both Area level and in every prison establishment, and that these are published together with police and probation contacts to ensure better communication across the Responsible Authority. With the ever increasing MAPPA population, and proportion of those received into prison likely to grow with the introduction of the new public protection sentences, the inclusion of the Prison Service as part of the Responsible Authority will continue to be vital in protecting the public.

Key Achievements in the County Durham Area
The County Durham Public Protection Unit recently received recognition for its effective public protection arrangements. Durham was one of six areas visited by a Home Office team, led by Professor Hazel Kemshall who is an expert in community and criminal justice studies. The team found Durham's PPU provided a 'gold service' in respect of risk assessment and management. The report also praised the 'fully integrated joint working partnership' between the various bodies with a public protection role. Head of CID, Det. Chief Supt Ian Scott said the joint working arrangements had been instrumental in recalling several high risk offenders to prison after concerns were expressed about their behaviour. He said: “This unit is an excellent example of a true multi-agency approach and provides each organisation with the ability to access the relevant information and intelligence. It also provides for positive enforcement of probation licence conditions where necessary.” The nature of legislation relating to Sex Offenders means that many individuals are registered for life. This results in an increasing number of offenders requiring contact every year. Because of this, the Probation Service and County Durham Constabulary have increased the staffing resources within the Public Protection Unit. We now have five Probation Officers, five Police Officers, two staff seconded from the Prison Service and one Youth Engagement Services Officer within the Public Protection Unit in Durham. In the past, the media has highlighted concerns about information being lost between areas and between agencies. Police and Probation in County Durham and Darlington have led in the national development and roll out of the ViSOR computer system. ViSOR is a national Violent and Sex Offender Register and currently focuses on sex offenders but will eventually also hold critical information on all MAPPA offenders in the country. The system links to the Police National Computer and can store information from Police and the Probation Service, including photographs, details of offending behaviour, hobbies and interests and any concern that is raised within MAPPA. More importantly it has an excellent search facility so anyone with authority to conduct a search can quickly find any offender on the system who meets the criteria they are looking for. It is therefore possible to know how many offenders own a car, have tattoos, use a computer etc. The system is currently being rolled out to all police and probation areas across the country and is an increasingly useful aid to any investigation relating to a serious offence.

Strategic Management Board
While the Public Protection Unit is the operational arm of the MAPPA, the Strategic Management Board is the group responsible for guiding the overall direction of developments in Co Durham and Darlington and overseeing the quality of the work which is carried out. In addition to the three responsible authorities, the Board is attended by senior officers from local government representing housing, social care and health and youth services. From health the Strategic Health Authority, the PCT's, Priority Services and other health groupings are also represented at senior level. The Board acts as a consultative body on national developments and is important in raising the profile of public protection work across the area. Earlier this year a special regional conference aimed at raising the profile of public protection within the health community was held and was well attended by a range of health professionals from across the area. Also sitting on the Board are Lay Members who represent the communities interests. They are an important source of information and support to the Board and are able to reflect community concerns and fears. Unfortunately our current lay members are no longer able to give up the time to support the work of the MAPPA and we will be looking to recruit new members soon.

Contacts County Durham Probation Service Forest House Aykley Heads Business Park Durham DH1 5TS Tel: 0191 383 9083 Fax: 0191 383 7979

Joint Chair of MAPPA Hazel Willoughby 0191 383 9083 Joint Chair of MAPPA Head of CID, Det. Chief Supt Ian Scott 0845 60 60 365 County Durham Public Protection Unit 0191 383 9083 Chief Officer County Durham National Probation Service Pam McPhee CBE 0191 383 9083 Durham Constabulary Chief Constable Paul Garvin 0191 375 2208 HM Prison Service North East Area Manager Niall Clifford 0191 378 6000

www.durhamprobation.gov.uk

MAPPA ANNUAL REPORTS STATISTICAL INFORMATION
Required for the reporting period 1st APRIL 2004 - 31st MARCH 2005

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County Durham
1. Category 1 MAPPA offenders: Registered Sex Offenders (RSO)
Question Number of Offenders

i) The number of RSOs living in your Area on 31st March 2005.
This is information principally held by the police and is a snapshot of RSOs on 31/03/05. It should NOT include RSOs in prison.

306

ia) The number of RSOs per 100'000 head of population. ii) The number of sex offenders having a registration requirement who were either cautioned or convicted for breaches of the requirement, between 1st April 2004 and 31st March 2005 Only those cautions that have actually taken place and breaches that have been successfully completed during the reporting period should be counted iii) The number of (a) Sexual Offences Prevention Orders (SOPOs) applied for (b) interim SOPOs granted and (c) full SOPOs imposed by the courts in your Area between 1st May 2004 and 31st March 2005 Sex Offender Orders & Sex Offender Restraining orders (both superseded by the SOPO) and their interim counterparts applied for and/or imposed by the courts between 1st - 30th April 2004 should be incorporated into these figures a) b) c) 12

50

19 2 12

iv) The number of (a) Notification Orders applied for (b) interim Notification Orders granted and (c) full Notification Orders imposed by the courts in your Area between 1st May 2004 & 31st March 2005 v) The number of Foreign Travel Orders (a) applied for and (b) imposed by the courts in your Area between 1st May 2004 & 31st March 2005 2. Category 2 MAPPA offenders: Violent offenders and Other Sexual offenders (V&OS) vi) The number of violent and other sexual offenders (as defined by Section 327 (3), (4) and (5) of the Criminal Justice Act (2003)) living in your Area between 1st April 2004 and 31st March 2005 You should include in this figure only those Category 2 offenders who are living in your Area during the reporting period. You should NOT include those Category 2 offenders who are still in custody. Care must also be taken NOT to include here any Category 1 offenders. 3. Category 3 MAPPA offenders: Other Offenders (OthO) vii) The number of ‘other offenders’ (as defined by Section 325 (2)(b) of the Criminal Justice Act (2003)) between 1st April 2004 and 31st March 2005. This figure should not include any offenders who are included in either the Category 1 or 2 (i.e. (i) and (vi) above) unless they have left those categories and are still considered by the Responsible Authority to pose a risk of serious harm

a) b) c) a) b)

0 0 0 0 0

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12

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4. Offenders managed though Level 3 (MAPPP) & Level 2 (local inter-agency management) Level 3 (viii) Identify how many MAPPA offenders in each of the three Categories (i.e. (1)- RSOs, (2)- V&O and (3)OthO above) have been managed through the MAPPP (level 3) and through local inter-agency risk management (level 2) between 1st April 2004 and 31st March 2005
RSO V&O OthO

5 4 1

Level 2 16 16 11

The level 3 figure is the ‘critical few’. The criteria for referring a case to the MAPPP are defined in MAPPA Guidance as those in which the offender: is assessed under OASys as being a high or very high risk of causing serious harm; AND presents risks that can only be managed by a plan which requires close co-operation at a senior level due to the complexity of the case and/or because of the unusual resource commitments it requires; OR although not assessed as a high or very high risk, the case is exceptional because the likelihood of media scrutiny and/or public interest in the management of the case is very high and there is a need to ensure that public confidence in the criminal justice system is sustained. The level 2 figure should include those offenders who have not been managed at level 3 at any point in the counting period & meet the criteria set out in the MAPPA Guidance as follows: The management of the offender requires the active involvement of more than one agency but the complexity of managing the risk is not so great as to require referral to Level 3, the MAPPP (ix) Of the cases managed at levels 3 or 2 (i.e. (viii)) between 1st April 2004 and 31st March 2005 how many, whilst managed at that level: (a) Were returned to custody for a breach of licence? a) (b) Were returned to custody for a breach of a restraining order or sexual offences prevention order? b) (c) Were charged with a serious sexual or violent offence? c) Level 3 2 0 0 Level 2 10 0 0

PLEASE NOTE: Only record outcome measures appropriate to the level at which the offender was managed at the time of their breach/further offence (e.g. if an offender was initially managed at Level 3 but goes on to commit a serious further offence after he has been moved to Level 2, he should be recorded in the 'Level 2' column for question (c)) For these purposes a serious sexual and violent offence is one of the following (i.e. the same offences as used to trigger reporting in the National Probation Service as a ‘serious further offence’): Murder; Attempted murder; Arson (where there is an intent to endanger life); Manslaughter; Rape; Kidnap/abduction or attempted kidnap/abduction. Any other very serious violent or very serious sexual offence, armed robbery (defined as robbery involving a firearm), assault with a deadly weapon or hostage taking. Any other violent or sexual offence where the offender/ offence is likely to attract significant media interest or which raises wider issues of national interest.

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