IDENTIFICATION OF INDIVIDUALS WHO PRESENT A RISK TO CHILDREN: INTERIM GUIDANCE

PURPOSE
• To provide an update of the review process which is currently being undertaken in relation to the use of Schedule 1 of the Children and Young Persons Act 1933. To provide staff with interim guidance, which includes an up-to-date list of offences against children, until this review has been completed. To advise staff that the term “Schedule 1 Offender” is to be replaced with the term ‘Risk to Children’.

Probation Circular
REFERENCE NO: 32/2005 ISSUE DATE: 26 April 2005 IMPLEMENTATION DATE: Immediate EXPIRY DATE: 31 March 2010 TO: Chairs of Probation Boards Chief Officers of Probation Secretaries of Probation Boards CC: Board Treasurers Regional Managers Authorised by: Liz Hill, Public Protection and Licensed Release Unit ATTACHED: List of relevant offences Annex A – List of relevant offences (listed alphabetically and chronologically)

• •

ACTION
Chief Officers are asked to ensure that this Circular is drawn to the attention of all relevant staff who should note its contents and implement the interim guidance provided.

SUMMARY
Schedule 1 offender is the label given to anyone convicted of an offence against a child listed in Schedule 1 of the Children and Young Persons Act 1933. However, it is a term which defines people by their offending history rather than the ongoing risks they pose. A full review of its use is currently being conducted, details of which are provided in this Circular, together with interim guidance, under HOC 16/2005. This will remain in force until the review process is completed and any necessary legislation enacted.

RELEVANT PREVIOUS PROBATION CIRCULARS
PC 25/2004 and PC 25/2003 The MAPPA Guidance PC10/2005 Public Protection Framework, Risk of Harm and MAPPA Thresholds

CONTACT FOR ENQUIRIES
Jo Thompson Tel: 020 7217 8823 Jo.Thompson8@homeoffice.gsi.gov.uk Hilary Collyer Tel: 020 7217 8565 Hilary.Collyer@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. Introduction
1.1 The Children and Young Persons Act 1933 (CPYA) was intended to protect children of school age from “cruelty and exposure to moral and physical danger”. Schedule 1 offender is the label given to anyone convicted of an offence against a child listed in this Act and subsequent, relevant legislation. Its use has been to act as a trigger to further assessments of risk. However, such a conviction does not carry with it any statutory requirement in relation to child protection issues and a lack of clarity on this within agencies has impacted on practice. In addition, although the label may trigger further assessment or action, it is not properly linked to other assessment tools such as OASys or to the MAPPA framework.

2. The Difficulties
2.1 The National Probation Service has been represented on a national, multi-agency working group which has been reviewing the use of the Schedule 1 label. In addition to the general concerns identified above, a number of specific issues have been identified. These include:• The lack of statutory requirements with any Schedule 1 conviction has meant a lack of guidance on the implications regarding the management of such an offender. Criminal Justice, child protection and other social and health care agencies have interpreted their roles, practice and sanctions differently. The CYPA 1933 does not specify whether juvenile perpetrators should be subject to the provisions of the Act. Common practice is that they are and no concessions have been made for juvenile offenders. This has led to unfair consequences for some young people. Schedule1 Offender is a label that lasts for life with no review procedure. This can be criticized on both risk practice and human rights grounds. It may mean that agencies are focusing on such offenders at the expense of others who may pose more of a risk. The Working Group has indicated that the Schedule 1 Offender term is in any case inappropriate in that it identifies offenders by their offence and not by the risk they may continue to present to children. There is a lack of clarity about which offences should be considered Schedule 1 offences as there is no comprehensive list and different agencies are using different lists. The offences listed in the existing schedule are relevant to matters such as mode of charging, power to proceed with a case in the absence of the accused, powers in relation to taking depositions as evidence from children and certain matters in relation to determination of age.

2.2.

Once these issues have been resolved relevant guidance as to the future use of Schedule 1 will be prepared and Areas will be advised accordingly.

3. The Current Situation
3.1 It is clear that the National Probation Service has duties to both identify and assess all high risk of harm offenders for whom it has a responsibility including those who present a risk to children. Within this overarching requirement, the Probation Service has specific duties in relation to safeguarding children and promoting their welfare, together with helping to protect specific named children. This is clearly reflected in the 2005/06 National Probation Service Business Plan via priority 2 ‘Protecting the Public from Harm’. Priority 5 Implementing the National Action Plan on Reducing Re-offending’, Pathway 6 Children and Families of Offenders is also directly relevant to this work. National Standards 2005 confirm that the “offender management framework assumes that those offenders who pose the highest risk of harm or likelihood of re-offending will be subject to the highest levels of supervision or restrictive requirements, so National Standards places great importance on the use of OASys and periodic reviews”. The Children Act 2004 which is in the process of being implemented, also establishes a duty on Probation Areas to co-operate to make arrangements with Local Authorities and others to improve children’s well being. It further requires the Probation Service to safeguard and promote the welfare of children and young people.

3.2

3.3.

PC32/2005 – Identification of Individuals who present a Risk to Children: Interim Guidance

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4. Interim Guidance
4.1 Full details of the current position are outlined in Home Office Circular 16 “Guidance on offences against Children” which is available via the Home Office website. However, on an interim basis, Areas should note the revised list of offences which is included in the Home Office Circular and which is reproduced at Annex A. This guidance is being circulated on a simultaneous basis to all relevant agencies. Staff should consult this list of offences in conducting any risk screenings or completing any risk assessments only as a checklist which could indicate there are ‘risk to children’ concerns. Having completed their assessments, staff should share information as appropriate, both internally and with other agencies in order that further assessments can be made and actions taken. Simply identifying an offender as “Schedule 1” is no longer helpful. Instead, areas are required to replace this term with ‘Risk to Children’ an identification which must lead to further assessment and appropriate risk management. Work has been initiated on replacing the term Schedule 1 in OASys, to take account of this PC and guidance. When using this list, Offender Managers need to exercise their professional judgment in all instances. In itself, the list can only act as trigger and its value lies in informing OASys assessments/reviews, the completion of referral to further assessments/actions, and sound risk management practice.

4.2

4.3

PC32/2005 – Identification of Individuals who present a Risk to Children: Interim Guidance

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A chronological list of offences which can be used to identify those who present a risk, or potential risk, to children
Offence Murder Manslaughter Infanticide Kidnapping False Imprisonment Assault or battery Indecent exposure Indecent exposure Conspiring or soliciting to commit murder Administring poison, or wounding, with intent to murder Threats to kill Wounding and causing grievous bodily harm: Wounding with intent Wounding and causing grievous bodily harm: Inflicting bodily injury Maliciously administering poison Abandonment of children under two Assault occasioning actual bodily harm Child stealing Drunk in charge of a child under 7 years Cruelty to children Allowing persons under 16 to be in brothels Causing or allowing persons under 16 to be used for begging Give / cause to be given intoxicating liquor to a child under 5 years Exposing children under seven to risk of burning Prohibition against persons under 16 taking part in performances endangering life and limb Infanticide Rape Procurement of a woman by threats Procurement of a woman by false pretences Section Common Law Common Law Common Law Common Law Common Law Common Law Section 4 Section 28 Section 4 Section 11 Section 16 Section 18 Section 20 Section 23 Section 27 Section 47 Section 56 Section 2 Section 1 Section 3 Section 4 Section 5 Section 11 Section 23 Section 1 Section 1 Section 2 Section 3 Act

Vagrancy Act 1824 Town Police Clauses Act 1847 Offences Against the Person Act 1861 Offences Against the Person Act 1861 Offences Against the Person Act 1861 Offences Against the Person Act 1861 Offences Against the Person Act 1861 Offences Against the Person Act 1861 Offences Against the Person Act 1861 Offences Against the Person Act 1861 Offences Against the Person Act 1861 Licensing Act 1902 Children and Young Persons Act 1933 Children and Young Persons Act 1933 Children and Young Persons Act 1933 Children and Young Persons Act 1933 Children and Young Persons Act 1933 Children and Young Persons Act 1933 Infanticide Act 1938 Sexual Offences Act 1956 Sexual Offences Act 1956 Sexual Offences Act 1956

Administering drugs to obtain or facilitate intercourse Intercourse with a girl under 13 Intercourse with a girl under 16 Intercourse with defective Procurement of defective Incest by a man Incest by a woman Buggery where the victim is under 16* Indecency between men (gross indecency) Indecent assault on a woman Indecent assault on a man Assault with intent to commit buggery Abduction of a woman by force or for the sake of her property Abduction of unmarried girl under 18 from parent or guardian Abduction of unmarried girl under 16 from parent or guardian Abduction of defective from parent or guardian Causing prostitution of women Procuration of girl under 21 Detention of a woman in a brothel or other premises Permitting a girl under 13 to use premises for intercourse Permitting a girl between 13 and 16 to use premises for intercourse Permitting defective to use premises for intercourse Causing or encouraging prostitution of, or intercourse with, or indecent assault on, girl under 16 Causing or encouraging prostitution of defective Man living on earnings of prostitution Women exercising control over prostitute Sexual intercourse with patients Indecent conduct towards young child Aiding, abetting, counselling or procuring the suicide of a child or young person. Procuring others to commit homosexual acts (by procuring a child to commit an act of buggery with any person, or procuring any person to commit an act of buggery with a child)

Section 4 Section 5 Section 6 Section 7 Section 9 Section 10 Section 11 Section 12 Section 13 Section 14 Section 15 Section 16 Section 17 Section 19 Section 20 Section 21 Section 22 Section 23 Section 24 Section 25 Section 26 Section 27 Section 28 Section 29 Section 30 Section 31 Section 128 Section 1 Section 2 Section 4

Sexual Offences Act 1956 Sexual Offences Act 1956 Sexual Offences Act 1956 Sexual Offences Act 1956 Sexual Offences Act 1956 Sexual Offences Act 1956 Sexual Offences Act 1956 Sexual Offences Act 1956 Sexual Offences Act 1956 Sexual Offences Act 1956 Sexual Offences Act 1956 Sexual Offences Act 1956 Sexual Offences Act 1956 Sexual Offences Act 1956 Sexual Offences Act 1956 Sexual Offences Act 1956 Sexual Offences Act 1956 Sexual Offences Act 1956 Sexual Offences Act 1956 Sexual Offences Act 1956 Sexual Offences Act 1956 Sexual Offences Act 1956 Sexual Offences Act 1956 Sexual Offences Act 1956 Sexual Offences Act 1956 Sexual Offences Act 1956 Mental Health Act 1959 Indecency with Children Act 1960 Suicide Act 1961 Sexual Offences Act 1967

Living on earnings of male prostitution Burglary (by entering a building or part of a building with intent to rape a child) Supplying or offering to supply a Class A drug to a child, being concerned in the supplying of such a drug to a child, or being concerned in the making to a child of an offer to supply such a drug. Inciting girl under 16 to have incestuous sexual intercourse Indecent photographs of children Offence of abduction of a child by parent Offence of abduction of child by other persons Possession of indecent photographs of children Abduction of Child in Care/ Police Protection .. take away/induce away/assist to run away/ keep away Recovery of missing or unlawfully held children Abuse of Trust Traffic in prostitution Rape Assault by penetration Sexual assault Causing a person to engage in sexual activity without consent. Rape of a child under 13 Assault of a child under 13 by penetration Sexual assault of a child under 13 Causing or inciting a child under 13 to engage in sexual activity Sexual Activity with a Child Causing or inciting a child to engage in sexual activity Engaging in sexual activity in the presence of a child Causing a child to watch a sexual act Child sex offences committed by a children or young persons Arranging or facilitating commission of a child sex offence Meeting a child following sexual grooming etc. Abuse of position of trust: sexual activity with a child

Section 5 Section 9 Section 4

Sexual Offences Act 1967 Theft Act 1968 Misuse of Drugs Act 1971

Section 54 Section 1 Section 1 Section 2 Section 160 Section 49 Section 50 Section 3 Section 145 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 Section 12 Section 13 Section 14 Section 15 Section 16

Criminal Law Act 1977 Protection of Children Act 1978 Child Abduction Act 1984 Child Abduction Act 1984 Criminal Justice Act 1988 Children Act 1989 Children Act 1989 Sexual Offences (Amendment) Act 2000 Nationality, Immigration and Asylum Act 2002 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003

Abuse of position of trust: causing or inciting a child to engage Section 17 in sexual activity Abuse of position of trust: sexual activity in the presence of a Section 18 child Abuse of position of trust: causing a child to watch a sexual act Section 19 Sexual activity with a child family member Inciting a child family member to engage in sexual activity Sexual activity with a person with a mental disorder impeding choice Causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity Engaging in sexual activity in the presence of a person with a mental disorder impeding choice Causing a person, with a mental disorder impeding choice, to watch a sexual act Inducement, threat or deception to procure sexual activity with a person with a mental disorder Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception Care workers: sexual activity with a person with a mental disorder Care workers: causing or inciting sexual activity Care workers: sexual activity in the presence of a person with a mental disorder Care workers: causing a person with a mental disorder to watch a sexual act Paying for the sexual services of a child Causing or inciting child prostitution or pornography Section 25 Section 26 Section 30 Section 31 Section 32 Section 33 Section 34 Section 35

Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003

Section 36

Sexual Offences Act 2003

Section 37 Section 38 Section 39 Section 40 Section 41 Section 47 Section 48

Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003

Controlling a child prostitute or a child involved in pornography Section 49 Arranging or facilitating child prostitution or pornography Causing or inciting prostitution for gain Controlling prostitution for gain Trafficking into the UK for sexual exploitation Trafficking within the UK for sexual exploitation Trafficking out of the UK for sexual exploitation Administering a substance with intent Committing an offence with intent to commit a sexual offence (in a case where the intended offence was an offence against Trespass with intent to commit a sexual offence (in a case where the intended offence was an offence against a child) Exposure Voyeurism Trafficking people for exploitation Causing or allowing the death of a child or vulnerable adult Section 50 Section 52 Section 53 Section 57 Section 58 Section 59 Section 61 Section 62 Section 63 Section 66 Section 67 Section 4 Section 5

Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Asylum and Immigration (Treatment of Claimants, etc) 2004 Domestic Violence, Crime and Victims Act 2004

A reference to an offence in this list includes: a reference to an attempt, conspiracy or incitement to commit that offence, and a reference to aiding, abetting, counselling or procuring the commission of that offence. Unless stated otherwise, the victim of the offences listed above will be under 18 Cautions for the offences listed above will apply