NATIONAL SCHEME FOR TRANSFER OF PUBLIC PROTECTION CASES

PURPOSE
This circular establishes criteria for the referral of cases to, and transfer of responsibility through, the National MAPP Panel within the Public Protection and Courts Unit (PPCU). It clarifies the roles and responsibilities of the Responsible Authority (RA) and the PPCU in the safe location and management of offenders who meet the criteria.

Probation Circular
REFERENCE NO: PC20/2004 ISSUE DATE: 7 April 2004 IMPLEMENTATION DATE: 14 April 2004 EXPIRY DATE: April 2009 TO: Chairs of Probation Boards Chief Officers of Probation Secretaries of Probation Boards CC: Board Treasurers Regional Managers AUTHORISED BY: Liz Hill Head of PPCU ATTACHED: NA

ACTION
This circular is for implementation by Chief Officers of Probation and Police (the Responsible Authority with the Prison Service) with effect from 14 April 2004. Recipients will bring the circular to the attention of MAPPA Area Strategic Management Boards, and all relevant staff including seconded, resettlement, and victim liaison staff and staff in Approved Premises.

SUMMARY
The PPCU carries a responsibility to develop and deliver national structures that support the RAs across England and Wales in the discharge of their statutory duty under s325-327 of the Criminal Justice Act 2003, commonly referred to as the multi-agency public protection arrangements (MAPPA). This circular establishes a National Scheme, brokered by the PPCU, to enable the RAs to deal more effectively with the very small number of violent or sexual offenders for whom the combined factors of high risk, complex risk management, and associated difficulties of placement require national co-ordination. Offenders will be resettled under this scheme in exceptional cases only.

RELEVANT PREVIOUS PROBATION CIRCULARS
This Circular enhances the procedures set up under PC 19/2004 “Notification of Critical Public Protection Cases”. It does not, however, affect the arrangements for the normal transfer of cases identified under that circular or the transfer between areas and regions of probation supervision cases, or MAPPA cases in general. Instructions governing the transfer of cases are contained in PC 78/2000, which is currently being revised.

CONTACT FOR ENQUIRIES
Jo Thompson – 020 7217 8823 – jo.thompson8@homeoffice.gsi.gov.uk Betina Crossick – 020 7217 0746 – bettina.crossick@homeoffice.gsi.gov.uk Tim Bryan – 020 7217 0747 – tim.bryan@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

1. Background The Criminal Justice Act 2003, s325-327, extends the provisions of s67& 68 of the Criminal Justice and Court Services Act 2000. These provisions require the Responsible Authority in each area of England and Wales to establish arrangements (MAPPA) for the assessment and management of violent and sexual offenders. In support of the MAPPA, the PPCU published national guidance in April 2003 (PC25/2003 “The MAPPA Guidance”) and through the development of the Casework Team has assisted areas in the management of some of the most complex MAPP Panel offenders. Since the setting up of the PPCU Casework Team it has become apparent that there are a very small number of MAPPP cases nationally that are particularly difficult to re-settle and their successful management requires national co-ordination. This may arise because of a variety of risk and complex case issues, such as victim issues, within the offender's home area which make it inappropriate for the offender to return home. Alternatively, there is a very small number of offenders who have no connections with any particular area e.g. dangerous offenders returning from overseas, or offenders whose media interest, or offence, is so high profile that there is a significant risk to their lives, or the public's safety. This protocol represents a second tier of the national structure, and establishes a scheme to enable local arrangements for the assessment and management of risk to be nationally co-ordinated. If the MAPPP represents the “critical few” offenders with significant risk management needs, this national scheme should be interpreted as applying to the “critical few of the critical few”. This scheme will be brokered by the PPCU through the National MAPP Panel, and will ensure that the distribution of such offenders, within the principles of effective risk management, is as equitable as possible. 2. Purpose This circular sets out the principles on which the National Scheme is established, the criteria for notification to the scheme, and the procedures that must be followed. The purpose of the National Scheme is to ensure that there is robust management of those cases which pose the most serious difficulties to Areas so that: • • Ministers and the Director General are conversant with those cases that present a particular risk/threat, or have a national or particularly sensitive profile and Ministers and the Director General can be satisfied that RAs are rigorous in the performance of their responsibilities under the CJ Act 2003.

3. Principles i) This Protocol is established within the framework provided by the statutory MAPPA. It is developed on the principle underlining the MAPPA that offenders come from, and return to, communities and should be managed at the lowest appropriate level within the MAPPA, consistent with defensible management. The Probation, Police and Prison Services, as the RA, are responsible for the management of offenders who live in, or return to, areas. High risk offenders should normally return in the first instance to their area of origin, and to the supervision of that RA. Every attempt should be made to facilitate this return. Area MAPP Panels are responsible for ensuring the management of the "critical few" who live in their Area. These are defined in PC 25/2003 "The MAPPA Guidance”. The PPCU Casework Team's role is to support and assist Areas to fulfil their responsibilities through their MAPP Panels.

ii)

iii) iv)

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v)

vi)

Probation Areas should have in place regional arrangements to accommodate and deliver services to high risk offenders who cannot return to their area of origin: in the interests of victims' concerns, public protection or the protection of the offender in extreme cases. These regional arrangements play a key part in the management of high-risk offenders. Only where the activation of the regional scheme is insufficient, and the criteria outlined below are met, will the National Scheme facilitate placement elsewhere. The scheme will be brokered by the PPCU through the National MAPP Panel and will require all areas to recognise their own responsibility in receiving, as well as transferring, such offenders.

4. Criteria of eligibility for referral to the National Scheme i) ii) iii) The offender must be referred to MAPPA and managed at Level 3: the arrangements are contained in PC 25/2003. The MAPPP Meeting must consider notification to the PPCU under the criteria outlined in PC 19/2004. The offender is assessed as presenting risks that cannot be managed by the local RA alone, or through the regional re-settlement arrangements, and needs therefore to be re-settled in another RA.

The criteria on which re-settlement will be brokered by the PPCU through the National MAPP Panel will include: • • the presence of extreme or unmanageable victim issues within the offender's home area the presence of a high media profile or public interest which threatens the life of the offender, or could result in public disorder, or could undermine public confidence in the criminal justice system or agencies managing the case the need for exceptional resources outside those offered in PC 19/2004 the need to manage problems associated with dangerous offenders returning from abroad, or from another jurisdiction.

• •

5. The National Scheme • • Re-settlement through the National Scheme will be managed through the National MAPP Panel. Notifications to the National Scheme will be made by referral to the PPCU Head of Casework from either: a Responsible Authority, the National Criminal Intelligence Service (NCIS), or an external jurisdiction. The Head of PPCU Casework will make initial enquiries with the senior managers within the RA, and with the MAPP Manager/Co-ordinator of the referring area, in order to determine whether the case meets the criteria for transfer/re-settlement through the National MAPP Panel. In cases that do not meet the criteria for the National Scheme, the Head of Casework will liaise directly with the referring body and establish whether the case meets the criteria for notification to/support from, the PPCU under PC 19/2004. The Head of Casework will refer any case that appears to fit the criteria to the Head of PPCU for consideration. Other members of the PPCU will be included in this initial process. The Head of Casework, with relevant staff within the PPCU, will research which RAs may have the capacity to manage the offender, identify those RAs to be involved, consult with the Chief Officers from the RAs, and agree their engagement in the Scheme. The Approved Premises Estate will be considered within any resettlement strategy. Langley House Trust PPCU Enhanced Supervision Beds, or funding resources from the PPCU to Approved Premises will be considered, as appropriate. The availability of supports e.g. “Circles of Support and Accountability”, local expertise, or treatment facilities will all inform re-settlement decisions. Central support in brokering the arrangements and putting into place contingency plans will be provided by the PPCU, who will ensure the equity of the plan.

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• • • • • •

However, responsibility for a case remains with the referring RA until its transfer has been brokered by the PPCU and formally accepted by the receiving area. The PPCU will be the final arbiter of the resettlement arrangements. Responsibility for the case is then transferred to, and rests with, the receiving area. Acceptance of referral to the Scheme does not diminish the responsibility of the area making the referral until the transfer has been completed. All areas are expected to participate according to their needs and capacity. The PPCU Casework Team will keep a Register of Offenders included in the National Scheme. The PPCU will be responsible for advising Ministers on the progress of individual cases. The PPCU will be responsible for liaison with the Home Office Press Office and government departments.

6. The National MAPP PANEL Function To co-ordinate the re-settlement of offenders who cannot be safely located in their home area, or within the region, by brokering arrangements which assist and support areas in managing the transfer of such offenders, the risks they pose to the community, or the serious risks posed to them by their return to the community. To monitor and review such arrangements through the area MAPPP. Practice • • The National MAPP Panel will be chaired by the Head of PPCU (or their delegate) The Head of PPCU, supported by the Head of Casework and the MAPPA ACO and DCI, is responsible for: i) The organisation and administration of the National MAPPP ii) Advising and accounting to Ministers and the Director General iii) Advising on a Home Office media strategy where appropriate iv) Liaising at a senior level with other government departments and relevant agencies The National MAPPP will comprise: 1. A core membership of a) Representatives from the police, prison and probation services (Head of PPCU) b) The PPCU Head of Casework and the MAPPA Detective Chief Inspector, and Assistant Chief Officer Representatives of the RAs (one will be a contingency area) identified as being able to effectively manage the offender Representatives of the referring RA Senior representatives of relevant agencies as appropriate Other professionals at a senior level from the referring and receiving areas The referring practitioners and managers.

2. 3. 4. 5. 6. • •

The Head of Casework at the PPCU will present the case to the National MAPPP in the first instance, including all salient factors for risk assessment and risk management purposes. On the basis of discussion, the National MAPPP will agree which area will take responsibility for the transfer of the offender and the timescale for transfer completion. Where such transfer will require exceptional expenses the area can make representation to the PPCU for funding assistance. Following the first National MAPPP, the Head of Casework will retain operational oversight of the case to ensure liaison between the PPCU and the Responsible Authorities/Agencies involved. However, the

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• • • • • •

effective implementation of the risk management plan will rest with the RA and be discharged through the Area MAPPP. In this process the Head of Casework may attend area MAPPP Meetings The Head of Casework will account directly to the Head of the PPCU for the ongoing management of the case The case will be registered with the PPCU Casework Team as a National MAPPP case The National MAPPP will, at the earliest opportunity, identify when management of the offender no longer requires national oversight and can effectively be dealt with at the Area MAPPP level. At this point it will be established what continuing engagement the PPCU may have with the case. The responsibility for ensuring the risk management of the offender remains with the receiving RA, and will be discharged through the area MAPPP.

06/04/04

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