NOTIFICATION OF CRITICAL PUBLIC PROTECTION CASES

PURPOSE
This circular sets out the National Probation Directorate's Public Protection and Courts Unit (PPCU) casework notification registration procedures. These will operate within the statutory framework provided by the Multi-Agency Public Protection Arrangements (MAPPA). It establishes a requirement for the Responsible Authority to notify the PPCU casework unit of Critical Public Protection Cases (CPPCs), and details the help and advice that Probation Areas can expect to receive from the PPCU.

Probation Circular
REFERENCE NO: 19/2004b ISSUE DATE: 1 April 2004 IMPLEMENTATION DATE: 1 April 2004 EXPIRY DATE: April 2009 TO: Chairs of Probation Boards Chief Officers of Probation Secretaries of Probation Boards Chairs of Voluntary Management Committees CC: Board Treasurers Regional Managers AUTHORISED BY: Liz Hill, Head of Public Protection Unit ATTACHED: Annex A - Criteria for funding exceptional cases, Annex B – LHT beds, Annex C - Notification Form (2 parts), Annex D – Guidance on Licence Conditions, Annex E - List of other Circulars

ACTION
Chief Officers to ensure that the contents of this circular are brought to the attention of all relevant staff.

SUMMARY
These new procedures must be introduced with effect from 1 April 2004.

RELEVANT PREVIOUS PROBATION CIRCULARS
This circular replaces the ‘Early Warning System’ set out in PC15/1999 updated in PC27/2000. Please also see Annex E for a list of other circulars that may be relevant.

CONTACT FOR ENQUIRIES
Janet Gregory, Casework Manager, PPCU Tel: 020 7217 0750 Fax: 020 7217 0756 E-Mail: Janet.Gregory@homeoffice.gsi.gov.uk Bettina Crossick, ACO Head of Casework, PPCU Tel: 020 7217 0746 Fax: 020 7217 0756 E-Mail: Bettina.Crossick@homeoffice.gsi.gov.uk

National Probation Directorate
Horseferry House, Dean Ryle Street, London, SW1P 2AW General Enquiries: 020 7217 0659 Fax: 020 7217 0660

Enforcement, rehabilitation and public protection

BACKGROUND
The new procedures described below will ensure that there is robust and consistent management of those cases which present the highest risk of serious harm to the public and staff and are the most difficult to manage, so that: a) Ministers and the Director General are conversant with those cases that are assessed as very high risk and/or are notorious with a significant national, or particularly sensitive, profile; b) Ministers and the Director General can be satisfied that effective risk management is implemented and good practice demonstrated, as contained in the four functions of the MAPPA Framework: i. the identification of MAPPA offenders; ii. the sharing of relevant information among those agencies involved in the assessment of risk; iii. the assessment of the risk of serious harm; and, iv. the management of that risk. c) Statistical information relating to referrals can be collated and analysed to inform development of good practice.

INTRODUCTION TO THE NOTIFICATION AND REGISTRATION PROCEDURES OF CRITICAL PUBLIC PROTECTION CASES
The role of the PPCU is to assist the Probation Area as part of the Responsible Authority to manage offenders within their areas, as defined in the MAPPA legislation. The Responsible Authority, in relation to any area, means police, probation and prisons acting jointly. The MAPPA framework identifies the three separate but connected levels at which risk is assessed and managed: Level 1 - Ordinary risk management, low/medium risk cases which are usually managed by a single agency; Level 2 - Local inter-agency management, high risk cases requiring the active involvement of more than one agency; Level 3 - Multi-Agency Public Protection Panels (MAPPPs), high/very high level of risk, cases assessed as being high/very high risk of causing serious harm or highly likely to be subject to media scrutiny and/or public interest. The Responsible Authority has the duty to assess and manage the risks posed by sexual and violent offenders. It must have effective multi-agency arrangements in place to identify the level 3 cases at the earliest opportunity. These cases are sometimes referred to as the ‘critical few’. In order to ensure that cases are not escalated to an unnecessarily high level, which would use resources needed elsewhere, the casework team will seek to ensure that the management of cases is at the lowest appropriate level, consistent with defensible management.

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1. Criteria for notification of CPPCs to PPCU casework team Area MAPPPs are responsible for co-ordinating the management of the ‘critical few’. These are offenders, as defined in the Multi-Agency Public Protection Arrangements Guidance (PC 25/2003) as follows: (i) They are assessed under OASys (or other relevant, appropriate tools) as being a high or very high risk of causing serious harm; and,

(ii) They present risks that can only be managed by a plan which requires close co-operation at a senior level (MAPPP) due to the complexity of the case and/or because of the unusual resource commitment required; or, (iii) Where the case is exceptional because the likelihood of media scrutiny and/or public interest in the management of the case is very high, although not necessarily assessed as high or very high risk, and there is a need to manage the risks to the offender from public exposure. The Responsible Authority must consider referral to PPCU (using the Notification attached at Annex C of this Circular) at the point of inclusion in the MAPPP and at all subsequent MAPPP reviews of the offender, on all those who meet the following criteria: (i) The offender presents an imminent risk of serious harm. This is where a potential event is more likely than not to happen imminently and the impact would have very serious consequences; or,

(ii) The case is exceptional because the likelihood of national 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 maintained. 2. Profile of CPPCs In almost all cases experience suggests that those notified to the PPCU have been assessed as high or very high risk. Similarly, while most referrals will be offenders released from prison others may include: a known very high risk or high profile offender returning from overseas (whether immediately following their release from custody or not); an offender who having been managed as a medium or even a low risk in the community through referral to the second or third level of MAPPA, comes to present a high or very high risk as the result of a significant change of circumstances; an offender attracts significant national media interest; an offender on discharge from detention under a hospital order. 3. PPCU resources to manage CPPCs Anecdotal evidence from areas indicates that a small group can be identified within the present MAPPP population, ‘the critical few of the critical few’, who justify the additional oversight the PPCU can offer. In all such cases additional resources may be applied for. It is recognised that determining imminence of harm is primarily a professional judgment that is strongly influenced by an understanding of triggers for offending, evidence of previous serious harm and accurate information about an offenders current circumstances. PPCU resources are: Funding for temporary additional staff cover in an Approved Premises (for criteria see annex A) Langley House Trust Accommodation, Public Protection and Courts Unit Enhanced Supervision Beds (for criteria see annex B)
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4. Notification Process The following process applies to every case notified and registered with the PPCU and should be followed at least 2 months before release. (i) The offender must be referred to MAPPA and managed at Level 3: arrangements contained in Probation Circular PC25/2003;

(ii) The MAPPP meeting must consider notification to PPCU according to the criteria above; (iii) When the Responsible Authority is unsure whether to notify a Level 3 case it should be discussed initially with a PPCU caseworker; (iv) A Notification Form for CPPCs must be completed by the Case Manager and sent via their MAPPA Senior Manager / ACO / Head of Public Protection to the PPCU (v) The PPCU will write to acknowledge registration of case and confirm any additional resources and/or requirements as agreed; (vi) The Responsible Authority will notify PPCU of reviews, changes in circumstances and the outcome of further MAPPP meetings; (vii) The PPCU will notify ministers and relevant MPs about the case and keep them advised of developments. When an offender is released from custody without a licence and presents a high or very high risk he/she remains the responsibility of the Responsible Authority. If the offender meets the criteria set out in section 1 of this circular, the prison-based probation officer will complete the CPPC Notification Form (annex C) in consultation with prison colleagues and the designated field probation officer who will remain central to the process. Prisons will provide assistance by collating risk management information and any other information that is required, with the prison’s Head of Public Protection co-ordinating the process and agreeing that the case qualifies for notification. Consideration should be given to accommodating offenders in Approved Premises who are released from custody without a licence and are identified as MAPPP cases requiring management at level 3. This is under the authority of The Criminal Justice and Court Services Act 2000 (Approved Premises) Regulations 2001. 5. Notifying and Briefing Ministers To ensure that those who are ultimately accountable (i.e. in Parliament) are informed, the PPCU is responsible for providing Ministers with timely information and re-assurance about the release and individual management of the highest risk and most notorious offenders. Notification also provides the basis upon which Ministers’ understanding of, and confidence in, risk management is based. Through the Minister, PPCU will also inform those MPs who have signed up to the confidentiality protocol, when registered offenders move or return to their constituency. The PPCU hold a list of the MPs signed up to this protocol. their area through the PPCU casework team. 6. Contact Casework team for advice and guidance The PPCU is able to act in an advisory capacity to Responsible Authorities in individual cases and can provide advice and support directly to areas on handling the most difficult and complex cases. The casework team is available to advise the Responsible Authority/caseworker if there is a question whether the case falls within the criteria. Areas are also encouraged to contact the PPCU for general advice about other aspects of managing the case. Police and probation officers seconded to PPCU and casework staff are very willing to ‘talk through’ a risk management approach to a case or offer specific guidance on MAPPA. Areas can access this information relevant to

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Annex A

CRITERIA FOR FUNDING EXCEPTIONAL CASES REFERRED TO THE PUBLIC PROTECTION AND COURTS UNIT CASEWORK SECTION
Where areas are managing very high risk and/or high profile offenders the Public Protection and Courts Unit (PPCU) can provide some financial assistance in exceptional circumstances. The following criteria apply in every case and the process must be initiated at least 2 months before release. Criteria The PPCU may fund additional staff cover (over and above the required establishment) in an Approved Premises (Approved Probation and Bail Hostel) when the following apply: (i) (ii) (iii) The offender is being managed at MAPPP Level 3 as defined in this Circular at Section 1(i) to (iii); and, The offender presents an imminent risk of serious harm; and, There are exceptional circumstances as defined in each individual case by PPCU. Process This process is essential in order to make an informed decision and to create an audit trail. (i) (ii) (iii) (iv) The offender is referred to MAPPA and managed through the Panel/ Level 3; arrangements contained in PC 25/2003. The offender must be registered with PPU in accordance with this Circular. MAPPP agree Risk Management Plan (RMP). In order to qualify for funding this must include evidence that the offender can only be managed safely in Approved Premises and the community with extra staff cover. The MAPPP Manager will complete the CPPC Resource Breakdown Form and send to the PPCU Head of Casework/Casework Manager who assesses feasibility of funding additional staff. The following information must also be sent: Assessment and decisions of MAPPP Evidence of risk requiring extra funding i.e. previous behaviour PPCU Head of Casework will make final decision, which will be confirmed in writing. If funding is agreed PPCU casework team will review monthly1. All monies agreed will be paid to the Probation Area’s Finance Department through the monthly NPD grant following receipt of written confirmation from the Area of the actual costs incurred due to be reimbursed by PPU. Funding In all agreed cases, we will fund for a maximum of 3 months at the following rates: • 4 weeks @ 100% of total cost of agreed additional staff cover. • 4 weeks @ 50% of total costs of agreed additional staff cover. • 4 weeks @ 25% of total costs of agreed additional staff cover.

(v) (vi) (vii)

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Please note that if risk lessens we cannot continue to fund and the money cannot be used alternatively.

PC19/2004 Notification of Critical Public Protection Cases - Annex A

Annex B

Langley House Trust and Public Protection and Courts Unit Enhanced Supervision Beds
The management and development of the PPCU Enhanced Supervision Beds is through the following protocol agreed with Cath Magee, LHT Operations Director and Bettina Crossick, Head of PPCU Casework. A Service Level Agreement between NPD and LHT specifies the services provided within ‘Enhanced Supervision’ (PC09/2003 - Appendix C) Criteria PPCU Enhanced Supervision Beds are for use when the following applies: (i) The offender is managed at MAPP Level 3 as defined in the Circular at Section 1(i) to (iii); and, (ii) The offender presents an imminent risk of serious harm; and, (iii) There are exceptional circumstances as defined in each case by PPCU. Provision PPCU fund 12 beds across the LHT estate. Three of the projects will take either serious violent or sexual offenders for a maximum stay of 3 months. The fourth project will take dangerous offenders with mental health and/or learning difficulties for up to 6 months. These beds may also require Community Care funding and LHT can advise referring officer how to apply. Process (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) The offender is referred to MAPPA and managed through the Panel/ Level 3; arrangements contained in PC 25/2003. The offender must be registered with PPU in accordance with this Circular. Where the offender does not fit the criteria he will not be eligible for consideration for a LHT PPCU bed. Once registered referral should be made directly to LHT Operations Director, who will consider the suitability and availability of PPCU LHT beds for the offender. A letter will be sent from LHT to the referring officer to acknowledge the case and explain the procedures. A letter will be sent from LHT to the MAPPA manager who will be considering the case in the area where the project is based. A follow up MAPPP, will be held to consider the case in the area where the project is based, which should be attended by the ‘home’ Senior Probation officer/Probation Officer unless there are exceptional circumstances. In all cases, move on accommodation, in the home area or elsewhere if there are victim issues or media/community issues must be managed and arranged by the ‘home’ probation officer. Extensions to the placement will be made only in exceptional circumstances and requests must be in writing from the MAPPP Manager or ACO to Head of PPCU Casework with a copy to LHT. Address Langley House Trust Northern Office PO Box 389 Barnsley S70 2WY Tel no: 01226 203566 Fax no: 01226 203568

PC19/2004 Notification of Critical Public Protection Cases - Annex B

CRITICAL PUBLIC PROTECTION CASE NOTIFICATION FORM
Please read PC 19/2004 prior to completing this form This form should be used to notify the Public Protection and Courts Unit (PPCU) of offenders that match the criteria below Criteria A) The offender is being or is to be managed at MAPPP – Level 3. and B) C) The offender presents an imminent risk of serious harm and/or There is likely to be significant national media interest of or public interest in the offender Tick

If the case does not meet the above, and you believe that PPCU should be notified, please call the casework unit prior to any written communications. Note: An Assistant Chief Officer or equivalent will be required to verify information contained in this form (on the last page)– forms received by the Casework section without this verification will be returned.

1. Offender Details
Name: Date of Birth: Ethnic Origin: select from list Alias: Prison/Mental health P.N.C number: number:

(Select from the drop down list)

Actual date of release:

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2. Area Details
Probation area: Referred by: Office address: Tel No: Senior Probation Officer: ACO:
(This person will be required to verify the form once complete)

Date of Referral to PPCU: Grade:

3. Offence(s) Details
Index offence(s):
(Including brief details)

Date of offence:
(dd/mm/yy format)

Relevant previous conviction(s): Reason(s) for notification. (Also include any other relevant information regarding this case): Number of court appearances: Number of violent offences: Number of sexual offences:

4. Sentencing and Licence details of index offence
Sentencing Court: Length of sentence/order: Licence from: Yes Recall? Recall history Current location: Select from list No Date: to Extended licence? Yes No Date: Date of sentence: Type of licence:

(First select the type of institution, and then type the name in the adjoining box.)

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5. Risk Management plan details
Additional licence conditions proposed
(Describe briefly)

Yes

No

NA

If the offender is not subject to a licence, what risk management plan is proposed (surveillance, voluntary contact, Sex Offender Order etc)?
(Describe briefly here)

Is the offender subject to Sex Offenders Order (SOO)?
(Please list conditions in full)

Is the offender subject to Sex Offence Prevention Order (SOPO)?1
(Please list conditions in full)

Is the offender required to register under the Sex Offenders Act 1997?

Is the offender identified as an ongoing risk to children?

Has the offender undertaken any programmes in prison?
(If yes state which programme and any outcomes.)

Are you proposing any programmes upon release?
(If yes state which programme(s))

6. Victim detail
Has the Victim been contacted?
a) If yes, what was the outcome: b) If no or NA, why has there been no contact?

Have the victim concerns/views informed the release/risk management plan?
(If yes, please indicate how)

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7. Additional Funding details - For completion by MAPPP Manager only
In order to assess the feasibility of funding additional staff cover in Approved Premises there must be exceptional circumstances.
For further assistance with this section, please read Annex A of PC 19/2004 – Criteria for Funding Exceptional Cases Referred to the Public Protection Unit Casework Section

Explain why this case requires additional funding.
(E.g., assessment & decision of MAPPP. Evidence of risk i.e., previous behaviour etc.)

To support this request for funding the MAPPP Manager must complete the CPPC Resource Breakdown Form. Both forms should be submitted at the same time.

8. Accommodation details
Proposed Release Address:
(Please include full postcode)

Yes

No

NA

Are you seeking a Langley House Trust Enhanced Supervision Bed?
For further assistance with this section, please read Annex B of PC 19/2004 – Langley House Trust and Public Protection and Courts Unit Enhanced Supervision Beds

9. Supporting documents to include in this notification
This notification document must be accompanied with the following documentation for the Casework Section: (see verification section below for details on sending) Item
1. 2. 3. 4. 5. 6. Copies of the 2 most recent MAPPP meeting minutes Pre Sentence Report Parole Assessment Report A copy of the risk assessment and risk management plan A copy of the licence Psychiatric and other medical reports (where appropriate)

Enclosed

The Casework section will be unable to register until the Area has supplied all of the requested information in the above list. If you are unable to include any of the required documents, please explain why in the box below

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10. Registration verification: In order for the Casework section to accept this registration, this form needs to be verified by an Assistant Chief Officer or Equivalent. If they are unable to do this, an alternative person with an equal responsibility/grade may complete the verification statement below

Verification I verify that I have read the case details and agree with the requirement to notify the Casework Section of the Public Protection and Courts Unit.

If you are not the person named in section 1, please complete your details here

Name: Title: Grade: Tel No.:

Once verified please EMAIL this form to casework.publicprotection@homeoffice.gsi.gov.uk and inform the member of staff who completed the form. The person who completed the form can then send the additional paperwork requested to the address below where it will be matched with this form sent by the verifier. CPP (Casework Section), Rm. 234 Horseferry House Dean Ryle Street, London SW1P 2AW

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CRITICAL PUBLIC PROTECTION CASE RESOURCE BREAKDOWN FORM
Please read PC 19/2004 prior to completing This form should be used in conjunction with the CPPC notification form 1. Offender Details Name: Alias: Date of Birth: P.N.C number: Prison/Mental health number:

2. Resources required 1. Current staff. • Number of full time staff: • Number of part-time staff: 2. Proposed additional staff. • Number of full time staff: • Number of part-time staff:

3. Function of additional staff. (Give details of the functions these additional staff will be utilised for.) 4. Estimated cost of staff. • A total weekly cost for all of these additional staff members combined: 5. Length of employment for these additional staff • Number of weeks staff will be employed: 3. Your details Name: Tel No: Signature:…………………………………… Job title:

Date:………………………………….

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Annex D

Guidance on Licence Conditions for High Risk Offenders
Probation Circular 42/2003 gives full guidance on all licence conditions. In cases where high-risk offenders are to be released on licence, the following list of additional conditions may be considered, where appropriate. Additional conditions can only be added to the licence if the relevant approval has been sought from the Parole Board, or the Early Release and Recall Section (ERRS, formerly SEU). To be lawful the condition has to be both necessary and proportionate. Necessary means that no other means of managing a particular risk is available or appropriate; and proportionate means that the restriction on the offender’s liberty is the minimum required to manage the risk. • Exclusion zone Request for this condition must be accompanied by a map, outlining area from which offender is to be excluded. Area must be proportionate, and should be no larger than is necessary to achieve the objective sought, that of protecting the victim or victim’s family. Where a request for an exclusion condition is granted, it should be worded as follows: “Not to enter… which is defined in the attached map, without obtaining the permission of your supervising officer”. This will enable the offender to enter the area if it becomes necessary but only with the express permission of the supervising officer. Non-contact conditions with children or young people. In principle there are no legal difficulties with this type of condition but it should only be used where it is considered to be both necessary and proportionate to risk. Practical consideration should be given, as to the effect it might have on contact, for instance, with family members. Consideration should also be given to using other additional conditions, which can be added to prohibit offenders (paedophiles in particular) from working or living with young persons. The condition provides for an age limit to be given, normally 16 or 18, but that is open to discussion of the individual case. It may be that the offender will be residing in a hostel that takes residents from the age of 17 years. Electronic monitoring (‘tagging’) Previously this condition, electronic monitoring with curfew, in support of other conditions, has only been available for those areas which were piloting the scheme, and for any other offender countrywide, who had been notified to NPD PPU under the Early Warning System (EWS). The condition continues to be available to all offenders in the pilot areas. However, any other offender identified as a Mapp Panel case (level 3), that is a high risk, violent or sexual offender and effectively one of the ‘critical few’, may now be considered for application of the condition to the licence. These offenders no longer have to be registered with NPD PPU unless they have been identified as a Critical Public Protection Case. Sex Offenders Orders (SOOs) Conditions on the order may be attached to the licence to strengthen the effect of both. Non Association Conditions It may be pertinent to consider non-contact with people other than the victim for instance a person with whom they have previously offended. Consider for instance, whether the offender may be one of a number of people involved in a paedophile ring. It is not possible to make this a general condition. Licence conditions, which prevent offenders from using the Internet. This condition should only be used where it is necessary and proportionate to manage the risk (such as members of a paedophile ring who are known to use the Internet to distribute indecent material). Consideration will have to be given to practical exceptions, such as use of a computer in a work environment. The condition should always, therefore, be subject to “...without the prior approval of your supervising officer”.

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PC19/2004 Notification of Critical Public Protection Cases - Annex D

Annex E

The following Probation Circulars may be referred to in conjunction with this Circular;
2004 - National Scheme for the Transfer of Public Protection Cases PC 42/2003 - Parole, Licence and Recall Arrangements PC 29/2003 - Victim Contact Work: Revised Sections 6 (Stage 2) and 9 of the Guidance to Areas PC 25/2003 - The MAPPA Guidance Multi-Agency Public Protection Arrangements PC 13/2003 - Sharing Information to Inform Decisions on Offender Release and Recall PC 09/2003 - Service Level Agreement between NPD and the Langley House Trust PC78/2000 - Case Transfer Instructions (Please note that this Circular will be revised and updated shortly)

PC19/2004 - Notification of Critical Public Protection Cases - Annex E