Multi-Agency Public Protection Arrangements Annual Report 2003-4

Derbyshire

Foreword
Sexual and violent offences are dreadful crimes that deeply affect the lives of victims and their families and inspire fear in local communities. Their impact can be profound and long lasting. Public Protection through tackling sexual and violent crimes is one of the highest priorities for the Police and Probation Services. The introduction of Multi-Agency Public Protection Arrangements (MAPPA) is a very important measure to improve the protection of the public from violent and sexual offences. MAPPA place a duty on the Police, National Probation Service and - from April 2004 - the Prison Service, to assess and manage the risks posed by these serious offenders. In Derbyshire, we do this in partnership with a range of additional agencies who now also have a duty to co-operate under the Criminal Justice Act 2003. Although it will never be possible to eliminate risk completely, these arrangements which identify relevant offenders, and provide for the exchange of information leading to joint assessment and management, are the most effective way to minimise and manage the risks posed by dangerous offenders. As this report describes, significant progress has already been made and during 2004/05 there will be further important developments including the involvement of Lay Advisers in reviewing and monitoring the MAPPA. The introduction of an element of public scrutiny into the often complex and sensitive area of public protection by the appointment of these Advisers is welcome. The Lay Advisers will not only gain an insight into how public protection work is carried out but more importantly, an opportunity to ask questions on behalf of the public about what is being done and why. Because of the numbers involved, the need to protect the public, and the importance of thorough risk assessment, it is necessary to have a computer system that reflects the nature of the work and brings a national standard. This will be provided for by the introduction of ViSOR (Violent and Sex Offender Register) which is planned from 2004/05. ViSOR will provide the Police and National Probation Service with a national database to register, risk assess and manage sexual, violent and other dangerous offenders who may cause serious harm to the public.
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In addition to this work to build effective local MAPPA, the Government has also begun to strengthen other statutory provisions, the most significant of which the Sexual Offences Act (2003) and the measures to introduce new sentences for "dangerous" offenders under the Criminal Justice Act 2003 which will keep prisoners in custody until they no longer pose a serious risk to the public. We hope the publication of this Annual Report will contribute to members of the public becoming more aware of MAPPA and how collaboration between agencies in our Area continues to be strengthened.

David Coleman Chief Constable

Dr Steve Goode Chief Officer of Probation

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Why have MAPPA?
If a serious sexual or violent crime is committed the offender must be caught and properly punished in accordance with the law. However, these offenders come from and in most cases will sooner or later return to the community. Victims continue to live in the community, and as members of the public we may all have concerns that further serious offences may be committed, particularly if children or vulnerable people have been the victims. Can anything be done to limit the chances of more offences like these being carried out by those who have committed them before and to reduce the possibility of more people being harmed? What steps can we take to see that offenders themselves take responsibility for reducing their own risk of re-offending? In 2001 the Government placed a responsibility upon the Police and Probation Services together to set up arrangements to assess and manage the risks posed by sexual, violent and other dangerous offenders who may cause serious harm to the public. These have come to be known has Multi-Agency Public Protection Arrangements (MAPPA). Whilst the Arrangements cannot promise to prevent all further offending, they can make a significant contribution to achieving a safer society. The rest of this report describes how the arrangements work in Derbyshire.

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Which Offenders are Covered?
Public protection arrangements cover sexual, violent and other dangerous offenders. · Notify their intention to travel abroad if it is going to be for 8 days or more, including the place of departure and return to the UK, with information about where they will be staying and for what period they will be travelling.

Registered Sex Offenders
Registration for persons convicted of sexual offences was brought in by the Sex Offender Act 1997. Anyone convicted or cautioned for a relevant offence since 1st September 1997 is covered by the Act, as are offenders who were serving a custodial or community sentence at that time. The notification requirements of the Act do not apply to persons who had been convicted and finished their sentence before that date. Under the Act a person must: · Tell the Police within 3 days of conviction or release from prison of their name, date of birth and home address when convicted. · Give any other name they are known by, and their present address. And afterwards: · Notify any further change of name or address. · Provide the details of any other address at which they stay for more than a set number of nights in a year.
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For How Long?
The period of registration is set by law: it is not decided by a Court. How long the registration lasts depends on the type and length of sentence imposed:
30 months imprisonment or more Hospital admission under Restriction Order Less than 30 months but over 6 months imprisonment 6 months imprisonment or less. Hospital admission without Restriction Order. Any other sentence (including a caution) Indefinite

Indefinite

10 years

7 years

7 years

5 years

Except for indefinite registration these periods are halved for offenders aged 17 and under.

The penalty for failure to comply, or giving false information can be up to 6 months imprisonment at Magistrates Court, or 5 years at a Crown Court, and/or a fine. Some of these requirements are being changed and further strengthened through new measures introduced from May 2004 under the Sexual Offences Act 2003.

For How Long?
These offenders come under the arrangements for as long as they remain under supervision in the community following release from the custodial part of a sentence, or discharge from hospital. It therefore depends upon the length of the original sentence. Someone sentenced to 3 years imprisonment for example, will normally be released after having spent 18 months in prison, and then be under supervision for a further 9 months. A person given a sentence of 4 years or more will however only be released at the mid-point of sentence by decision of the Parole Board, and can be kept in custody until the two-thirds point of sentence. The offender is released on a Licence which contains several standard and some discretionary conditions. Persons sentenced for offences that carry a registration requirement are subject to these arrangements, as well as the notification requirements of the Sex Offender Act.

Violent and Other Sex Offenders.
Violent offenders and persons sentenced for sexual offences not covered by the notification requirements come under public protection arrangements if they have been: · Convicted of any one of over 30 qualifying offences, and · Sentenced to at least 12 months imprisonment or detention Or, alternatively because they are: · Not guilty because of their mental health even though they have carried out the act charged, and have as a result been admitted to a hospital or placed under a Guardianship Order.

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What Does Release on Licence Mean?
By law anyone sentenced to 12 months imprisonment or more serves part of the sentence in prison, and part of the rest of the sentence on Licence, being supervised by the Probation Service (or Youth Offending Service if aged 17 or under). This means they can be recalled to custody if they breach the terms under which they have been released. Licences contain a number of standard conditions intended to see that the offender remains of good behaviour. Extra conditions designed to protect the public can include: · To comply with requirements to address offending behaviour, for In the most serious cases a higher Court can impose an extended sentence of supervision after release, which may last for up to 10 years for a sexual offence, or 5 years for a violent offence. Failure to comply with the conditions of a Licence, particularly where victims or the
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example, by attendance at a sex offender treatment programme. · Not to take work that involves a person under (e.g. 18) either on a professional or voluntary basis. · Not to reside or stay in the same household as any child under (e.g. 16). · Not to approach or seek to communicate with the victim. · Not to associate with other named persons. · Not to enter a specified area. The victims of serious sexual and violent offences have the right to be consulted about the conditions under which an offender is released.

public may be at risk of harm will lead to a recommendation for the offender to be returned to prison. If further released they will then again be supervised, which may be up to the end date of the sentence. Some recalled offenders will only be released at this final expiry of sentence.

Other Dangerous Offenders
These offenders are persons who have a previous conviction which suggests they may cause harm to other people, but are not otherwise covered by the arrangements through sex offender registration requirements, or as a result of a supervision as part of a current sentence for a violent or other sexual offence. It can include individuals whose period of registration has come to an end, or whose period of supervision has finished, as well as persons sentenced to less than 12 months imprisonment where there are significant concerns about the risk they pose, or people returning to the UK after having served a sentence abroad for a serious offence. Management of these offenders is decided through the arrangements rather than by a sentence or Court disposal.

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Who is involved in MAPPA?
Derbyshire Constabulary and the Derbyshire Area of the National Probation Service are jointly responsible for local public protection arrangements. However, the effectiveness of the arrangements relies equally on the co-operation between the Police and Probation Services and a number of additional services and agencies. It is the connections made locally that provide strength to the arrangements, which no agency could achieve if working alone. Along with Police and Probation the services involved include: · Derbyshire County Council Social Services · Derbyshire County Youth Offending Service · Derbyshire District Authorities (especially Housing Services) · Derbyshire County Mental Health Services NHS Trust · Derby City and Derbyshire Primary Care Trusts · Derby City Council Social Services, and Derby Homes · Derby City Youth Offending Service · NSPCC (DOVE Project - working with sex offenders)
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By bringing together the different responsibilities, expertise and resources of each of the partners it is possible to address the different aspects of public protection as they affect communities, victims and the offender. If necessary, we can ensure for example that additional measures for child or adult protection can be taken; that offenders can be linked to community mental health services, or that offenders are more suitably housed to take account of victim and other community interests. From time to time other agencies may also be involved.

How do MAPPA Work?
The first step in public protection arrangements is the identification of relevant sexual and violent offenders. For sex offenders this usually happens at the point of sentence or disposal. The courts issue a notice to convicted offenders of a requirement to notify their details to the Police. Where that offender is also given a community sentence or imprisoned for a year or more they will come under supervision arrangements carried out by the Probation Service if they are an adult, or Youth Offending Services if they are under 18 years of age. The Probation and Youth Offending Services will also identify the additional violent and other sexual offenders who come within public protection arrangements as a result of the serious offences which do not carry a registration requirement. The Mental Health Services have a similar responsibility to identify persons made subject to Hospital Orders. All these offenders are assessed for the risk of harm they pose to victims and the public, based on an approach that combines different types of information. Details about registered sex offenders are regularly exchanged at meetings which involve the Social Services Department, and the NSPCC, with the Police, Probation and Youth Offending Services. Where an offender is assessed as presenting a higher level of risk of harm, and they are under supervision to the Probation or Youth Offending Services a meeting is held to review and extend the assessment. As a minimum these meetings will also include the Police, with additional representatives from any other agency or service who have a part to play in the assessment and management of the offender's risk. Persons made subject to Hospital Orders and then released into the community come under Care Programme Approach (CPA) co-ordinated by the Mental Health Service. Offenders seen as presenting the greatest risk of harm, or whose management is either complex or calls for the combined resources of several agencies, along with certain other cases which raise significant community concerns, may then be referred to the Multi Agency Public Protection Panel (MAPPP). The Panel deals only with these 'critical few'
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offenders, and is made up of a standing group of senior operational managers from the main partner agencies. Vince has a record of convictions for the sexual abuse of teenage males which goes back over thirty years. He was released with a risk management plan agreed through the MAPPP This combined external . control through conditions in the Licence which included residence at Approved Premises and prohibition of contact with the victims, along with supervision arrangements of attendance at a treatment programme, as well as frequent reporting to the Probation Service. After demonstrating progress he was moved into independent accommodation. Relevant information was given to the housing provider and additional support arrangements were provided through the independent sector. Vince will remain under supervision for several years under an extended sentence, and is also subject to lifetime sex offender registration. Robert was sentenced to several years imprisonment for offences of Affray, Wounding and Arson against the property of his victim. On release he was under supervision on Licence to the Probation Service, and subject to frequent reporting conditions. Through conditions in the Licence and public protection arrangements Robert was required to attend appointments to address the misuse of alcohol, which had been associated with his offending, and was linked to community mental health services. Initially re-settled in privately rented accommodation, as approved by the Probation Service, Robert received an additional support package through an independent sector provider. Having successfully managed this he was then accepted for re-housing by the Local Authority. Robert successfully completed his Licence period without re-offending.

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Although not all re-offending can be prevented there are actions which can be decided through the MAPPP focused on achieving better protection for the public, including the safeguarding of children. In taking steps for the protection of all members of the public, a major focus of the arrangements is the protection of previous victims from the risk of re-victimisation. The duty placed on the Police and Probation Service to set up MAPPA was accompanied by a related requirement on the Probation Service to contact the victims of serious sexual and violent crimes and ask whether they wish to be kept informed of the main stages of sentence imposed on the offender, including an opportunity to request additional conditions to the Licence under which he or she might eventually be released. This contact is led by the victim's wishes. Where the offender was previously known to the victim their knowledge can also be very important for better assessing the risk the offender might pose.

Under victim liaison arrangements Derbyshire Probation Area contacted the mother of a child who had been abducted and taken abroad. She was fearful that the offender would attempt to do this again when he was released from prison. Advice was given on the legal channels to follow for the child to be made a Ward of Court. The victim's mother was also assisted by the Police in putting together an abduction prevention pack and provided with a panic alarm. Taking account of the victim's interest, the offender was refused early release and when eventually released was subject to additional conditions in the Licence which included: · Surrender passport and not to apply for any travel documents during the Licence period. · Not to contact the victim or the mother of the victim. · To reside at a specified address.

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In Derbyshire nearly all victims of serious sexual and violent crime where the offender is sentenced to a year or more imprisonment are contacted within two months, exceeding significantly the target set by the National Probation Directorate (Home Office). The Panel may also consider what notifications and disclosures may be necessary. Through the Probation Service information can be passed to Job Centre Plus so that proportionate restrictions can, where necessary, be placed on employment and training offered to offenders. In general, disclosure to other persons is an exceptional step, which is taken when it is the only way to ensure the safety of potential victims. Managing risk involves the bringing together of external requirements or restrictions on the offender, such as the conditions of registration or a Licence after release from prison, with measures to assist the offender to reduce their own risk. For example, a Licence may include a condition to attend a sex offender treatment programme, such as that provided in Derbyshire by the NSPCC in partnership with the Probation Service.
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Craig served a 9 year prison sentence for rape of a woman. In prison he completed a sex offender treatment programme. At release he was assessed as still needing further work. This took the form of 190 hours groupwork, alongside the regular reporting to a Probation Officer. Craig co-operated throughout the whole two year period required to complete the Programme, and frequently challenged other participants about their responsibility for their offences. He demonstrated particular commitment to developing new behaviour. On completion of the groupwork programme Craig's personal risk management plan was supervised by the Probation Service up to the end of the Licence period, whilst the Police will continue to monitor the sex offender registration.

Chaired by an Assistant Chief Constable, a Strategic Management Board made up of senior executive managers from the partner agencies, oversees the MAPPA by reviewing the effectiveness of the arrangements and planning their further development. The SMB is also responsible for related activities such as training and publicity about MAPPA. Although the work carried out by the partner agencies to MAPPA contributes to public protection there are also other ways in which we can all play a part, as advocated by the Stop It Now! initiative, to safeguard the well-being of others.

Stop It Now!
Stop It Now! is an innovative campaign which takes the stance that sexual abuse is a preventable public health problem. It seeks to stop child sexual abuse by encouraging abusers and potential abusers to seek help, and by giving adults the confidence they need to protect children effectively. Backed locally by amongst others the City and County Area Child Protection Committees and the MAPPA partners, Stop It Now! Derby/shire is one of the first local projects of this national campaign. Stop It Now! believes we can all meet the challenge of recognising the signs of abuse before it happens and can take positive action to prevent it. For more information see 'useful contacts'. A freephone helpline is available - 0808 1000 900.

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Where Does This Happen?
MAPPA meetings take place in each of the four Police and Probation Divisions in the county:

A Division
Amber Valley and Erewash

B Division
High Peak and Derbyshire Dales

C Division
Chesterfield, Bolsover and North East Derbyshire

D Division
Derby and South Derbyshire The Area Multi Agency Public Protection Panel, which deals with the critical few highest risk offenders meets each month at Police Headquarters, Ripley. The Strategic Management Board which oversees the workings of the arrangements and their effectiveness meets at least quarterly.

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What do the Figures Show?
In 2003/04 over 600 sexual, violent and other dangerous offenders were dealt with under MAPPA in Derbyshire. At the end of March 2004 there were 479 persons currently in the Area who had provided their details to the Police under the Sex Offender Act 1997. The number of registered sex offenders will continue to grow for some years to come as offenders released from sentences imposed since the introduction of the Act are released, and newly convicted offenders are added to those already under the arrangements. Most registered sex offenders comply with the notification requirements: just eleven were convicted for failing to do so. Sexual offenders do not all present the same type or degree of risk to the public, nor does registration apply only to individuals convicted of offences against children. Most offences against children are actually carried out by persons known to the victim such as someone in a position of trust, or family relationship, not by strangers. Of those offenders required to register 17% were assessed as posing a higher risk of harm which required enhanced attention, and from within this group 19 individuals were dealt with through the MAPPP (Panel) in the course of the year. In a few cases this was because these offenders had also committed other acts of violence. Where a sex offender behaves in a way to suggest that additional steps are needed to protect members of the public the Police can apply to the Court for a Sex Offender Order, which prohibits them from doing anything named in the Order - frequenting play areas, accessing the internet, or trying to communicate with likely victims - for example. Two Sex Offender Orders were gained in 2003/04. As well as notifying their details to the Police a number of registered offenders are at the same time under supervision arrangements managed by the Probation or Youth Offending Services. As well as playing a part in the assessment and management of sex offenders these Services additionally supervised a further 107 violent and other sexual offenders in the community on court order or following release from the custodial period of a sentence. Of all offenders managed by the Probation Service around 10% are assessed as posing a high or very high potential risk of harm. Two violent offenders under supervision were subject
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to management through the MAPPP (Panel). Where offenders are under supervision on Licence after release from prison they can be recalled if they breach the conditions of release or behave in a way that gives ground for concern that they may re-offend or harm other people. Five offenders being managed through the MAPPP (Panel) were recalled to prison on the recommendation of the Probation Service during the year. MAPPA also enables other dangerous offenders to be identified; this can involve persons being supervised by the Probation Service for non-violent or sexual offences whose previous convictions or present behaviour provides reasons for concern. Twenty-seven offenders were included in the arrangements for these reasons, and a small number of offenders managed by the Youth Offending Services. Six offenders were managed through the MAPPP (Panel), based on an assessment of their continuing risk to the public. In the main these were individuals whose period of supervision on Licence etc. had come to an end, yet measures for public protection remained necessary.
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The arrangements are above all intended to reduce the likelihood of further offending which harms members of the public, but the possibility that this will happen cannot completely be eliminated. Two offenders managed through the MAPPP were charged with serious further offences. Taken together these figures reflect the substantial and effective work being carried out by MAPPA agencies on behalf of the communities of Derbyshire to achieve better public protection.

MAPPA Annual Reports Statistical Information
For the period 1st April 2003 - 31st March 2004

DERBYSHIRE
1. Category 1: Registered Sex Offenders i. ia. ii. The number of registered sex offenders on 31 March 2004. The number of registered sex offenders per 100,000 head of population. The number of sex offenders having a registration requirement who were either cautioned or convicted for breaches of the requirements between 1 April 2003 and 31 March 2004. The number of full Sex Offender Orders applied for, and imposed by the courts in the Area between 1 April 2003 and 31 March 2004 The number of interim Sex Offender Orders applied for, and imposed by the courts in the Area between 1 April 2003 and 31 March 2004 2. Category 2: Violent and Other Sex Offenders v. The number of violent and other sexual offenders
(as defined by Section 68(3), (4) and (5) of the Criminal Justice and Court Services Act (2000))

479 49

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iii. a) b) iv. a) b)

2 2

1 1

living in the Area between 1 April 2003 and 31 March 2004.

107

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3. Category 3: Other Offenders vi. The number of 'other offenders'
(as defined by Section 67 (2) (b) of the Criminal Justice and Court Services Act 2000)

living in the Area between 1 April 2003 and 31 March 2004. vii. The number of Restraining Orders imposed on any MAPPA offenders by courts in the Area between 1 April 2003 and 31 March 2004. 4. MAPPP Cases viii. The number of MAPPA offenders in each of the above categories who have been managed through the MAPPP (Level 3) between 1 April 2003 and 31 March 2004. (i-) Registered Sex Offenders (v-) Violent and Other (vi-) Other Offenders ix. a) b) c) Of the cases managed by the MAPPP between 1 April 2003 and 31 March 2004 the number who, whilst still in the MAPPP were returned to custody for breach of Licence were returned to custody for breach of a Restraining Order or Sex Offender Order were charged with a serious sexual or violent offence

35 0

19 2 6

5 0 2

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Useful Contacts
Multi Agency Public Protection Panel
MAPPA Manager Derbyshire Constabulary Headquarters Crime Support Department Butterley Hall RIPLEY Derbyshire DE5 3RS Tel: 01773 572241

Victim Support Derby/shire
Area Manager Room 10 Kings Chambers Queen Street DERBY DE2 2XE Tel: 01332 349129

Stop It Now! Derbyshire
Derbyshire Co-ordinator NSPCC Friary Works 119 Friargate DERBY DE1 1EX Tel: 01332 374560

Derbyshire Probation Area
Assistant Chief Officer Derbyshire Probation Area Headquarters 18 Brunswood Road MATLOCK BATH Derbyshire DE4 3PA Tel: 01629 55422

Derbyshire Constabulary
Deputy Director of Intelligence Derbyshire Constabulary Headquarters Crime Support Department Butterley Hall RIPLEY Derbyshire DE5 3RS Tel: 01773 572118

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Derbyshire Constabulary

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