Probation Circular

EXTENSION OF VICTIM CONTACT SCHEME TO VICTIMS OF MENTALLY DISORDERED OFFENDERS – THE DOMESTIC VIOLENCE, CRIME AND VICTIMS ACT 2004
PURPOSE
To provide an overview of the legislation which extends the probation Victim Contact Scheme to victims of mentally disordered offenders in certain categories. The Circular also provides instructions to victim contact staff and offender managers about their duties and the procedures established to support this work. REFERENCE NO: 42/2005 ISSUE DATE: 10 June 2005 IMPLEMENTATION DATE: 1 July 2005 EXPIRY DATE: June 2009 TO: Chairs of Probation Boards Chief Officers of Probation Secretaries of Probation Boards CC: Board Treasurers Regional Managers AUTHORISED BY: John Scott, Head of Public Protection and Licensed Release Unit ATTACHED: Appendices 1, 2 and 3

ACTION
Chief Officers are asked to ensure this Circular is drawn to the attention of all relevant staff, particularly probation Victim Contact staff, all probation Crown Court staff and offender managers, who should note and adopt the contents ready for implementation on 1 July 2005.

SUMMARY
The Domestic Violence, Crime and Victims (DVCV) Act 2004 extends the duty to contact victims of mentally disordered offenders, in certain circumstances. This includes victims of offenders transferred from prison to hospital for psychiatric treatment, as well as offenders subject to hospital orders with restriction orders. This Circular provides information about the procedures that staff should follow for information-sharing, and forwarding victims’ representations about discharge conditions.

RELEVANT PREVIOUS PROBATION CIRCULARS
PC 61/2001: Victim Contact Work – National Monitoring Arrangements PC 62/2001: Further Guidance on the National Probation Service’s Work with Victims of Serious Crime PC 29/2003; Victim Contact Work: Revised Sections 6 (Stage 2) and 9 of the Guidance to Areas (PC 62/01)

CONTACT FOR ENQUIRIES
Laura McCaughan NPD 020 7217 0639 (laura.mccaughan@homeoffice.gsi.gov.uk) Eleanor Marshall NPD 020 7217 0670 (eleanor.marshall@homeoffice.gsi.gov.uk)

National Probation Directorate
Horseferry House, Dean Ryle Street, London, SW1P 2AW

Contents
1. Background and scope of the Victim Contact Scheme

2. Explanation of disposals:

Hospital order with restriction order Hospital direction with limitation direction Transfer direction with restriction direction
3. Identifying relevant cases – probation Crown Court staff

4. Establishing contact with the Home Office Mental Health Unit (MHU) and Responsible

Medical Officer (RMO) or Care Team

5. Information about key stages whilst in hospital

6. Discharge procedures:

Home Secretary Mental Health Review Tribunal
7. Events after discharge:

• • •

supervision in the community varying conditions recall

8. National Standards Monitoring 9. Discretionary Work 10. MAPPA, Care Programme Approach and sex offender registration 11. Informing Staff and training issues

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1. 1.0

Background and scope of the Victim Contact Scheme
The Domestic Violence Crime and Victims Act (DVCV Act), which received Royal Assent in November 2004, contains a number of measures to extend the Government’s programme of improving services and support to victims of crime. A new Victim’s Code of Practice, setting out the services which a victim can expect to receive from each criminal justice organisation, is due for implementation in early 2006. This Circular provides guidance on implementing the provisions requiring the National Probation Service to extend the Victim Contact Scheme to victims of mentally disordered offenders. The effect of this legislation will be that the probation Victim Contact Scheme will offer a service to victims of mentally disordered offenders where the offender has been ordered to be detained in hospital, or is transferred there from prison. Victims will have an opportunity to make representations to the Home Secretary or Mental Health Review Tribunal (MHRT) about the conditions of the patient’s discharge. Victim Contact staff will need to be aware that the mechanisms and procedures for discharging restricted patients are significantly different to licenced release for prisoners. The procedures are outlined below. Section 69 of the Criminal Justice and Court Services Act 2000 placed a responsibility on the probation service to make contact with the victims of crime, in all cases where the offender has been sentenced to 12 months custody or more for a sexual or violent offence. This duty is renewed by section 35 of the DVCV Act 2004. Sections 36-44 of the DVCV Act set out the extension of the victim contact scheme to victims of mentally disordered offenders (MDOs). From 1 July 2005, Areas should offer contact to victims where the offender is made subject to one of the following disposals: A. Those convicted of a sexual or violent offence, who are then made subject of a hospital order with a restriction order, or, Those found unfit to plead and to have done the act and charged, or not guilty by reason of insanity, under the Criminal Procedure (Insanity) Act 1964 as amended by the DVCV Act 2004 in respect of a sexual or violent offence, and then made subject to a hospital order with restrictions B. Those convicted of a sexual or violent offence, who are then made subject of a hospital direction and limitation direction C. Those sentenced to 12 months imprisonment or more, for a sexual or violent offence, and transferred from prison to hospital, under a transfer direction and restriction direction

1.1

1.2

1.3

1.4

The extended duty is not retrospective, and applies only to victims where the Crown Court sentences the offender to one of the above disposals on or after 1 July 2005. However, some information on discretionary victim contact in cases with earlier disposals can be found at paragraph 9.0. EXPLANATION OF DISPOSALS Hospital order with restriction order Under section 37 of the Mental Health Act 1983, the Crown Court or Court of Appeal may, where an offender is reported to be suffering from one of the forms of mental disorder defined in the Act, order their admission to and detention in a hospital for psychiatric treatment. When such an order, known as

2. A. 2.1

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a hospital order, is made and it appears that there is a risk of the offender committing further offences if in the community, the court may also make a restriction order for the protection of the public from serious harm. Power to add a restriction order to a hospital order is limited to the Crown Court. The restriction is usually for an unlimited period, although it may be fixed. The main effect of the restriction order is that the patient may not be allowed leave outside the hospital or be transferred to another hospital without the authority of the Home Secretary, and may not be discharged from hospital except by the Home Secretary or a Mental Health Review Tribunal. 2.2 2.3 A person charged with an offence before the Crown Court, and found unfit to plead to the charge or not guilty by reason of insanity, may also be made subject to a hospital order with restriction order. Staff should note that offenders subject to these disposals will not have an offender manager. Also, the DVCV Act does not require NPS to offer victim contact in cases where an individual is subject to a hospital order without restrictions. Hospital direction and limitation direction The Crown Court may direct that an offender, who is being sentenced to a term of imprisonment, should first be detained in hospital as part of that sentence (Section 45 A (3) (a) of MHA 1983, inserted by the Crime (Sentences) Act 1997). The offender must have been found to be suffering from a psychopathic disorder that requires treatment. The hospital direction requires the offender to be moved to, and detained in a specified hospital. It must be used in conjunction with a limitation direction which has the same effect as if a restriction order had been added to the hospital direction. This disposal has been used sparingly to date. The effect of these directions is the same as if the offender had been sentenced to imprisonment and then transferred to hospital by the Secretary of State with a restriction order. The management of the case is also the same - see 2.10 below. Staff should note that offenders subject to this disposal will have an offender manager, and the usual liaison between victim liaison officer (VLO) and offender manager should be established to ensure appropriate information-sharing about victim issues. For cases in this category, the Act defines the relevant local probation board (the Area responsible for contacting the victim) as the Area where the patient is to be discharged to or supervised in. However, in practice, these cases should be dealt with under the usual arrangements, with the Victim Contact Unit in the Area corresponding to the sentencing court being responsible for monitoring initial contact with the victim, in line with the National Standard. Transfer direction and restriction direction Where the criteria are satisfied (i.e. the prisoner is sufficiently mentally disordered to require hospital admission) the Home Secretary may make a transfer direction (section 47 of the MHA 1983) for a serving prisoner to be moved and detained in a specified hospital. The Home Secretary may, and usually will, add a restriction direction (s 49 (2) MHA 1983) which has the same effect as the restriction order (see A above), except that it expires at the end of the offender’s sentence. This prevents the offender being discharged from hospital without reference to the Home Secretary. If, during the custodial part of their sentence, the Home Secretary is advised that the offender no longer requires treatment in hospital for mental disorder or that no effective treatment for his disorder can be given at that hospital, they may be remitted (i.e. transferred) to prison. It is important to note that offender managers retain their statutory responsibilities to supervise transferred prisoners until the end of the licence period, even if they are detained in hospital. “Release” on licence is still required and MHU will have liaised with the offender manager in advance to ensure that the licence is in place. The offender manager will keep in touch with the care team at the hospital to carry out supervision and to plan for actual release (i.e. at the point of discharge) if this occurs during the supervision period. Probation VLOs and offender managers should liaise in the usual way to ensure victims’

B. 2.5

2.6

2.7

C. 2.9

2.10

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representations about licence conditions are considered. However, duties under the DVCV Act (that is, providing information about key stages in hospital) expire at the same time as restrictions attached to the transfer. 2.11 VLOs will already be in contact with victims where the offender has been transferred to hospital. However, as the legislation is not retrospective, probation will only be required to obtain victims’ representations about potential discharge conditions for such offenders, where they have been sentenced on or after 1 July 2005. Identifying relevant cases As with the current Victim Contact Scheme, the Area corresponding to the sentencing court is responsible for initiating a referral to the victim contact unit. Victim contact staff should note that procedures for ‘out of area’ contact also apply in these cases. Crown Court Liaison Officers, and other probation court staff, should make arrangements to identify hospital order with restriction orders, and hospital direction and limitation directions made at the Crown Court (s) in their Area. When such orders are made, probation court staff should then send details of the case to the Victim Contact Unit in their Area, in the usual way, including the name of the hospital where the offender is being detained, where it is known. The Victim Contact Unit should then trace the victims through the police and make an offer of face to face contact within eight weeks of sentence. For out of area cases the sentencing Area should refer the case to the Victim Contact Unit in the Area where the victim resides, who then make an offer of face to face contact within eight weeks, and report back to the sentencing Area who are responsible for monitoring the case. XHIBIT (Exchange of Hearing Information By Internet Technology) 3.2 Identification of all relevant cases at court will be made easier by using the XHIBIT system, currently being rolled out by the Department for Constitutional Affairs. XHIBIT enables Crown Court clerks to maintain an electronic log of events, as they happen. Selected elements of this information will be made available to probation staff using the XHIBIT portal. Portal users will be able to ask for alerts to be sent by email, fax or SMS to a mobile phone when an event occurs, such as the making of a hospital order with a restriction. The roll out of XHIBIT is due for completion by March 2006. Staff should make arrangements to ensure the hospital order with restriction order disposal is included on their list of alerts once the service is available to them. Transferred prisoners 3.3 The Home Office Mental Health Unit (MHU) will continue to write to the prisoner’s offender manager, informing them that the offender has been transferred to hospital. The transfer may take place any time after the original sentence date. Offender managers should ensure that this information is shared with the VLO in all cases where contact with victims has been established. Establishing contact with the Home Office Mental Health Unit (MHU) and Responsible Medical Officer (RMO) or Care Team Mental Health Unit (MHU) 4.0 MHU carries out the Home Secretary’s responsibilities under the Mental Health Act 1983, and related legislation. They direct the admission to hospital of patients transferred from prison, and consider recommendations from Responsible Medical Officers (RMOs) in hospitals for leave, transfer or discharge of restricted patients. MHU also prepare documentation for Mental Health Review Tribunals, and monitor patients who are conditionally discharged. Each restricted patient has a caseworker at MHU.

3. 3.0

3.1

4.

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4.1

For each new case, including transferred prisoners, the VLO should telephone the MHU caseworker (using list of caseworkers, corresponding to patient’s surname at Appendix 1) to introduce themselves and ascertain the caseworker is the appropriate contact in MHU. MHU will inform the VLO of the contact details for the care team or Responsible Medical Officer (RMO) in each case, where this is known. Any subsequent VLO taking responsibility for the case should inform MHU of the change in personnel. Where MHU have not heard from a VLO that they are responsible for victim contact in a qualifying case, and there is a relevant development in the offender’s sentence that would normally be shared with the VLO, MHU will contact the Public Protection Unit at NPD to identify the appropriate victim contact unit. RMO or Care Team

4.2

4.3

Care Teams in hospital are made up of the Responsible Medical Officer (RMO - the consultant psychiatrist in charge of the case), social worker, nursing staff and other specialists, including psychologists and occupational therapists as necessary. Any of these team members might have had contact with victims during the course of a patient’s treatment. Generally, it is the social worker who has the most contact with victims of restricted patients, and who will consider the issues they raise when assessing the social circumstances of a patient who may be discharged. It is likely that social workers will continue such contact in some cases. When first contacting the team, VLOs should inform the RMO of their involvement, as they have overall responsibility for the case. However, VLOs may also find it helpful to discuss their roles and responsibilities with social workers to ensure effective liaison. Where managers of a Victim Contact Unit are aware that VLOs in their Area are dealing with one particular hospital (for example, one of the three high security hospitals – Ashworth, Broadmoor and Rampton) in relation to a number of different cases, they may consider meeting with staff in the hospital to give them information about the scheme, to raise awareness about the statutory duty to victims. Information about key stages whilst in hospital Patient Confidentiality

4.4

5.

5.0

All staff should note that disclosure of information about a mentally disordered offender’s health must be considered in light of Article 8(1) of the ECHR, data protection principles and the law of confidence together with the relevant Codes of Practice. There is a presumption of confidence in relation to the disclosure of such information. Disclosure will be in breach of this unless it is within the public domain or the individual consents to the disclosure, there is statutory authority to disclose, or it is justified in the public interest. Under the Data Protection Act 1998 such information constitutes “sensitive personal data” and consent must be obtained as a condition for processing of such data. The NHS Code of Practice 2003 and the Code of Practice for the Mental Health Act 1983 also govern the use of confidential patient information. In accordance with the Codes of Practice, information about a patient should not ordinarily be disclosed without the patient’s consent. The exception to this rule is where it is necessary in the public interest, for example where personal health or safety is at risk. However, VLOs may be given information about the following ‘key stages’ in the patient’s time in hospital before discharge. The information should only be disclosed to victims in line with the principles set out above. Patient transferred to different hospital

5.1 5.2

5.3

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5.4

MHU will inform the VLO when a restricted patient is transferred to another hospital, including any changes in security. VLOs should only inform victims of the fact of transfer, not the name or location of the hospital (similar to transfer between prisons). Patient granted leave

5.5

Leave for restricted patients is granted for different reasons to release on temporary licence for prisoners. There is no requirement under the DVCV Act for VLOs to be informed when a restricted patient is granted leave. A comprehensive risk assessment is carried out on all applications for leave, which are ultimately approved by the MHU on behalf of the Home Secretary. VLOs should note that leave may be granted for the purposes of a patient’s rehabilitation, or on compassionate grounds. MHU may, on occasion, make this information available to VLOs. When they are given such information, VLOs should only disclose the fact that leave has been granted, rather than any details about where the offender will be going and for what purpose. Patient remitted or transferred to prison

5.6

MHU will inform the VLO when the Home Secretary is considering remitting the patient to prison. VLOs should only inform victims of the fact of remission, not the name or location of the prison (similar to transfer between prisons). Patient escapes or absconds

5.7

Care teams are most likely to know about a patient escaping or absconding, and staff at the hospital will notify the police. As mentioned above, it is important for VLOs to develop a link with the care team so they are told about such an occurrence. MHU may also inform the VLO where a restricted patient is known to have escaped but this may not be immediate. Staff should note that most absconds are for a brief period, so will not routinely be passed to VLOs. Remission for trial

5.8

Patients who are found to be unfit to plead and made subject to a restricted hospital order may, if they subsequently become fit to plead, be remitted for trial by the Home Office under other sections of the DVCV Act. In such cases, MHU will advise the VLO that remission is taking place. Remission will only take place following contact with the CPS so it is possible that victims may be notified via the CPS (if they were witnesses in the case). Discharge procedures [see Appendix 2 for flowcharts] There are two discharge stages – conditional and absolute: • Conditional discharge - where a restricted patient is discharged from hospital subject to conditions and, where there is a restriction order, they are also liable to recall to hospital under the original order in certain circumstances. Absolute discharge - where neither conditions nor liability to recall pertain.

6. 6.0

Most restricted patients who are conditionally discharged into the community are absolutely discharged some years later, if they have shown that the restrictions are no longer necessary. However, it is possible for a restricted patient to be absolutely discharged direct from hospital. There can be a number or reasons for this, and these cases may present particular risk management problems leading to MAPPA involvement (see paragraphs 10.0-10.3). In some cases, the Home Secretary may lift restrictions on a patient without discharging them from hospital. Such cases will be rare, for example, where the offender presents a low risk of harm and suitable non-hospital accommodation cannot be
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found. Prisoners who are transferred to hospital very shortly before their release date will not be made subject to restrictions and so the procedures set out in this circular will not apply. 6.1 With restricted patients, the power of discharge is shared by the Home Secretary and the Mental Health Review Tribunal (MHRT). Home Secretary decision 6.2 The Home Secretary has the power to discharge a patient conditionally or absolutely at any time. Where discharge is to be conditional, victims will be given an opportunity to make representations to MHU about the conditions. To support this work, MHU will notify the VLO when the Secretary of State is considering a patient for discharge and the timescale for forwarding victim’s representations about potential discharge conditions. VLOs should obtain and forward a victim’s representations about discharge conditions to the MHU caseworker in a similar format to those submitted to the Parole Board. It is important that VLOs explain to victims that only their views about the conditions of discharge will be considered. However, where there is no offender manager, VLOs should discuss any wider issues around risk of harm to the victim with the appropriate caseworker at MHU and/or the RMO. The Home Secretary may impose any conditions on release but it is envisaged that the conditions relating to victims will include ‘no contact’ conditions and exclusion zones. Disclosure of victim’s representations to the offender when Home Secretary’s decision 6.4 Before the statutory duty was in place, victim’s representations sent to MHU were not routinely disclosed to the offender. However, as this area of work develops on a statutory basis, there may be challenges to this, and we will update staff accordingly. MHU will notify the VLO of the Secretary of State’s decision about discharge and any conditions of discharge. MHU will also notify the VLO where the Secretary of State varies conditions of discharge or where a patient is recalled to hospital. Mental Health Review Tribunal decision 6.6 Under the Mental Health Act 1983, a detained restricted patient may apply to have his/her case heard by a MHRT roughly once each year. If the patient does not apply, their case will be referred to a Tribunal by the Home Secretary every three years. In addition, after a conditionally discharged patient has been recalled, the Home Secretary must refer the case to a Tribunal within one month of recall (see paragraphs 7.4-7.8 for more information on recall). By law, the Tribunal must only consider whether the individual needs to be detained in hospital for the purposes of mental health treatment. When the Home Secretary refers a patient to the Tribunal, MHU will forward the details of the relevant VLO to the MHRT Office. From 18 July 2005, the MHRT office will be based at 5th Floor, 11 Belgrave Road, London, SW1V 1RB. When an application is made to the Tribunal, the Tribunal office will obtain the details of the relevant VLO from MHU. In both circumstances, the MHRT Secretariat will then inform the VLO of the Tribunal date once it has been set, as well as the date the victim’s representations must be received to be considered at the hearing. VLOs should consult victims about their representations relating to discharge conditions and forward them, in a similar format to the submissions made to the Parole Board, to the Tribunal Office by the specified date. Disclosure of victim’s representations to the offender when MHRT decision 6.9 Victims should be made aware that no guarantees can be given that any representations they make will not be disclosed to the patient.

6.3

6.5

6.7

6.8

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6.10

The expectation is that all documents are disclosed to the patient and the circumstances in which documents can be withheld are very limited. Rule 12 of the Mental Health Review Tribunal Rules 1983 allows for the Tribunal to withhold any document from the patient if they consider that disclosure would adversely affect the health or welfare of the patient or others. In such a case the Tribunal must disclose the document to the patient’s authorised representative (if the patient has one). This is done on the basis that the representative must not disclose the contents of the document to the patient, either directly or indirectly. It is a decision for the Tribunal whether or not any document should be withheld under Rule 12. Where the victim wishes for this to be considered this should be clearly indicated on the victim’s representations. The Tribunal will consider whether or not to disclose the document to the patient. This may be done at the hearing or at a preliminary hearing held under Rule 5. A victim may request to attend in person to argue that a document be withheld, but whether or not this is allowed will be a matter for the discretion of the Tribunal. Any application by a victim to attend the tribunal hearing and give oral evidence must be considered under the existing MHRT Rules. The DVCV Act confers no new rights or obligations in respect of either attendance at MHRTs or oral evidence heard by MHRTs. The Tribunal Secretariat will inform the VLO of the outcome of the hearing, in writing, within seven days. However, VLOs could also contact the patient’s Care Team to find out the result more quickly, so as to notify the victim of the outcome and any conditions which apply to them. Where a Tribunal decides to direct the conditional discharge of a patient it may defer the discharge until it is satisfied that adequate arrangements have been made for the discharge to take place. Like the Home Secretary, it may impose any conditions on discharge for the protection of the public or the patient him/herself, such as residence at a stated address and supervision by a social worker (social supervisor) as well as cooperation with psychiatric treatment. Conditions relevant to victims would relate to ‘no contact’ conditions or exclusion zones. Transferred prisoners are eligible to be considered by a Tribunal, but they cannot be discharged in this way. However, the Tribunal may make recommendations on how they would have acted had the offender not been a transferred prisoner. Therefore, VLOs should forward the victim’s representations about conditions of discharge in these cases, as the Tribunal’s deliberations will be forwarded to the Parole Board where appropriate. Events after discharge – supervision in the community, varying conditions and recall In this section we are referring only to conditionally discharged patients who are not supervised by offender managers (i.e. patients who were subject to hospital order with restriction order). Transferred prisoners will be subject to licence conditions on release, which includes supervision by an offender manager in the usual way. Supervision in the community

6.11

6.12

6.13

6.14

6.15

7. 7.0

7.1

When a restricted patient is conditionally discharged to the community, they will usually be supervised by a local authority social worker, known as a social supervisor, and a psychiatrist. The purpose of formal supervision is to protect the public from harm, by assisting the patient’s reintegration to the community and for supervisors to monitor the patient’s condition and behaviour in the community and report back to MHU. The social and psychiatric supervisors should be in close liaison about the management of the case and it is important that VLOs make links with each, probably via the social supervisor, in relation to ongoing victim issues. Further guidance on the role of both social and psychiatric supervisors, and supervision in the community has been published by the Home Office and is available on the Home Office website at: http://www.homeoffice.gov.uk/inside/org/dob/direct/mhudocs.html

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Varying conditions 7.2 After a Tribunal has directed the conditional discharge of a patient, the Home Secretary may vary those conditions. In addition, a conditionally discharged patient may apply to the Tribunal to vary conditions imposed by the Home Secretary or Tribunal, or apply for them to direct an absolute discharge. VLOs should contact MHU if they think a condition pertaining to the victim needs to be amended (for example, the victim moves to a different area so the exclusion zone needs updated). Recall 7.4 A patient may be recalled to hospital where his mental disorder is causing him to behave in a way which is dangerous to him/herself or others. Breach of the conditions imposed on a discharged patient does not, in itself, lead to recall to hospital. In order to manage victims’ expectations it will be important that victim contact staff make this clear from the outset. A patient may not be recalled to hospital, except in an emergency, in the absence of medical evidence that the patient is currently mentally disordered. However, information about breaches of any conditions may lead to a consideration of whether recall is necessary. If a social supervisor is concerned about the safety of the patient or others, they should discuss the case immediately with the psychiatric supervisor and one or both should immediately advise MHU of their concerns and how their plans for managing the situation. When considering whether to recall a patient to hospital, MHU on behalf of the Home Secretary, will have regard to issues of public safety and to the advice of a medical practitioner about the patient’s disorder. VLOs should also note that reoffending whilst conditionally discharged from hospital does not automatically constitute a breach of conditions. In such circumstances, the patient may only be recalled where the social worker/psychiatrist judge that the patient’s commission of the offence is related to their mental disorder. Therefore, VLOs should establish links with the social supervisor (their contact details will be available from MHU) in order to report any concerns about a conditionally discharged patient breaching no contact or exclusion zone conditions. However, where VLOs are unable to contact the social supervisor, contact should be made with MHU who will consider whether to recall a patient in an emergency. In line with standard practice, victims should be advised to contact the police where they fear they are in immediate danger from any individual. Once a conditionally discharged patient has been recalled, the Home Secretary must refer the case to a Tribunal within one month of recall. MHU will notify VLOs when a patient is recalled to hospital and the MHRT will notify VLOs of the timescale for submitting up to date representations about conditions of re-discharge. National Standards Monitoring The monitoring form has been re-designed to ensure Areas record the work with victims of mentally disordered offenders, as well the gender and race and ethnic identity of all victims to whom we offer a service. The new form will be issued with guidance in a separate circular. The aim of the new legislation is to ensure that victims of mentally disordered offenders are given the same service as victims of offenders serving custodial sentences. It is envisaged that approximately 200 new hospital orders with restriction orders are made each year. For all such cases Areas should work to the National Standard (GS11), by making an offer of face to face contact within eight weeks of sentence. However, these cases will not count towards an Area’s performance figures for the first few

7.3

7.5

7.6

7.7

7.8

8. 8.0

8.1

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months of the scheme, and until the National Standard has been amended to reflect the new duty. We will advise Areas when this changes. 8.2 There will be no need to monitor victims of transferred prisoners separately, as the offender will be sentenced to 12 months or more imprisonment for a sexual or violent offence and such cases already fall under the existing National Standard. Discretionary Work The Home Secretary (MHU) and Mental Health Review Tribunal do not have a duty to consider representations from victims about potential discharge conditions placed on a patient, other than in cases where the patient was sentenced or transferred to hospital on or after 1July 2005. Where a Victim Contact Unit is approached by a victim wishing to make representations about a restricted patient’s discharge conditions, who is not covered by the statutory duty, they should give careful consideration to whether they have resources to provide a discretionary service. In such circumstances, an approach may be made to the Tribunal, who may decide whether or not to receive the victim’s information. It is important that victim contact staff do not give any assurances to such victims that their views about discharge conditions will be considered by the Tribunal. MAPPA, Care Programme Approach and sex offender registration MAPPA 10.0 Restricted patients might be considered under MAPPA in any of the three categories – registered sex offenders, violent and other sex offenders, and other offenders. The disposals, listed in section 2 above, all potentially qualify offenders for inclusion where they are linked to relevant offences. Health and Social services authorities are now under a duty to co-operate with the MAPPA responsible authority and care teams should be aware of the circumstance when cases might require MAPPA referral. In addition, MHU caseworkers have been asked to ensure that referrals have been considered in cases where they have concerns about risk of serious harm, e.g. in cases where MHRTs have discharged in the face of the Home Secretary’s objections. In most cases, where there are no such concerns, it is anticipated that risk management will take place at MAPPA level 1, within the context of the care programme approach (CPA). The CPA provides a framework for care co-ordination for those who have been accepted as requiring specialist mental health services, which includes all restricted patients. There are 2 levels as follow: • • 10.2 Standard, - for individuals who require the intervention of a single agency or discipline and who pose no danger to themselves or others Enhanced - for individuals with multiple needs and who need to be in contact with a range of services (including the criminal justice system, e.g. the police).

9. 9.0

9.1

10.

10.1

Most restricted patients will be managed under the enhanced level. Only where the CPA is not providing an adequate risk management framework will cases be referred for consideration at MAPPA levels 2 or 3. Sex offender registration

10.3

Offenders convicted, or found not guilty by reason of insanity, of a qualifying sexual offence will fall within the registration requirements.

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11. 11.0

Informing staff and training issues Senior managers in probation areas may wish to consider making links with staff in high and medium secure hospitals on a regional basis. For example, the East Midlands Region has established a group which includes a representative from Rampton high secure hospital, to prepare for implementation of the extended duty. Areas may also wish to consider the East Midlands model by assigning one VLO in each victim contact unit to cases falling under the extended duty. This will ensure a central point of contact and knowledge about procedures in the early stages of implementation. A presentation about is attached to the electronic version of this circular – at Appendix 3, which Victim Contact managers may wish to use in discussing the extended duty in team meetings. A Powerpoint version of this presentation can be obtained from: Laura.Mccaughan@homeoffice.gsi.gov.uk Further Training

11.1

Many areas already provide some form of training in relation to mental health issues and mentally disordered offenders. The National Probation Directorate, working with the National Institute for Mental Health in England (NIMHE) is committed to making mental health awareness training available to probation staff in England and Wales by the end of this year and will be looking to explore training needs in relation to mentally disordered offenders with the newly designated ACOs with responsibility for this area of work.

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Contact List for Mental Health Unit caseworkers
Home Office, 2nd Floor, Fry Building, 2 Marsham Street, London SW1P 4DF
020 7035 .... PLUS EXTENSION NUMBER OR SWITCHBOARD 0870 000 1585 FAX: A - 020 7035 8974, B - 020 7035 8975, C - 020 7035 8978, D - 020 7035 8979 Cases are allocated to staff according to the first letter of the patient’s surname.

Appendix 1

If you are enquiring about a particular patient please speak, in the first instance, to the appropriate Caseworker. All extensions can be dialled direct by prefacing their number with 020 7035 ….. If you have difficulty please ring the Home Office switchboard on 0870 000 1585 and ask for the Mental Health Unit, quoting the patient’s surname. The Switchboard should also be contacted in cases of emergency outside normal office hours.
Tel 020 7035 + Name Casework allocation Extension Fax

HEAD OF UNIT
(SCS)

Ms Elizabeth Moody/Penny Snow

1478/4974

A

SECRETARY

Ms Leni Gayle

1483

A

Mr Nigel Shackleford

1479

A

HEAD OF CASEWORKING (Grade 6) Ms Valerie Taylor (P/T) Secretary CASEWORKERS (EO) Ms Joanne Terry Mrs Alison Caldow Miss Harpreet Spall Also responsible Mr Patrick O’Dwyer Miss Suzanne Bardwell Mr Andy Brook for s47 transfer of A Ba – Bid Bie – Buc Bud – Bz, Sa - Sim Ca – Collins J Collins K – Cz, Rp – Rz, U, V 1487 1465 1464 1473 1456 1457 C B B A D D 1481 A

sentenced prisoners Mr Burty Valydon Miss Mel Flint Mr Stephen Lott Ms Lucy Daniels Ms Claire Ratcliff Mrs Pat Dunwell Ms Vidia Narayan-Beddoes Mr Mike Turner Da – Dil, N Dim – Dz, E,Q,X,Z F, Woo - Wz Ga–Gav, Hic - Hz Gaw-Gz Ha – Hib J, I K, Lm – Lz 1454 1453 1485 1509 1507 1506 1489 1490 D D C C C C C C

PC42/2005 – Extension of Victim Contact Scheme to Victims of Mentally Disordered Offenders – The Domestic Violence, Crime and Victims Act 2004 13

Miss Sylvia Williams Ms Christina Clark Miss Martine Green Miss Valerie Tooze Mrs Fiona McGhie Mr Philip Drummond Mr Christian Secondis Miss Jane Stearman Miss Sarah Henderson SENIOR CASEWORKERS Mr Greg Nanda Miss Lyndel Grover Miss Kelly Foreman Ms Brenda Storey Ms Lisa Burrell Ms Jessica Moorcroft Mrs Delores Stratton/Mrs Geraldine Marsh (P/Time) Ms Jacqui Woodward-Smith Miss Ros Arnold CASEWORK MANAGERS (Grade 7) Mrs Sarah Denvir Mr Julian Gibbs Mr Richard Westlake Mr Nick Hearn Mr Richard Pickering Mr Mark Darby Secretary Ms Valerie Taylor (P/Time)

La – Ll, Mosm – Mz Ma – McGi McGj – Mosl O, Y, Williams I – Won Pa – Pri Prj – Pz, Wa – Williams H Ra – Ro Sin – Sul Sum – Sz, T A, F, O, U, Woo - Wz Ba – Bra, Ra – Ro Brb – Bz, C, Rp – Rz, V D, E, Hooe – Hz, N, Q, X, Z G, Ha – Hood I, J, K, Lew – Lz, Sum – Sz, Trb – Tz La – Lev, M P, Wa-Won, Y Sa - Sul, Ta – Tra A, F, G, O, U, V, Woo - Wz Ba – Brov, Ha-Ham, Ra-Ro, T Brow – Bz, La – Leu, S, Wa – Williams H C, D, E, N, Q, Rp – Rz, X, Z Han – Hz, I,J,K,Lev – Lz M, P, Williams I – Won, Y PS for: N Shackleford & Casework Managers

1511 1513 1510 1488 1502 1499 1467 1468 1472 1486 1463 1458 1450 1498 1493 1514 1504 1471 1496 1475 1474 1462 1494 1505 1481

B B B C B B B A A C B D D C C B B A

(HEO) Also responsible for s48 transfer of remand prisoners

C
B D D C B A

CASEWORK SUPPORT (AO)

Miss Catherine Webb* Mr Ian Barkataki* Miss Rita Parmar Vacant Mr Matthew Gray* Mr Ravi Sond Ms Mary Robinson Mr Alan Morley Mr Matt Noise Mr Robin Peters* Ms Kerry Dougan Mr John Griffin

A, F, U, V Ba – Bes, Ra – Ro Bet – Bid, Ma – Morgan C Bie – Bz, Duh - Dz, E, Q, X, Z Ca – Collins J, La – Luk Collins K – Cz, Prj Pz, Rp – Rz, Sa – Sim, Woo– Wz Da – Dug, N, Ta – Tot G, K, Lul – Lz H, Morgan D – Morre I, J, Morrf - Mz, Williams I – Won, Y O, Sin - Sz, Tou – Tz Pa – Pri, Wa – Williams H A, F, M, O, Y B, D, Q, R, V, X, Z C, H, K, N E, G, S, T, U I, J, L, P, W

1495 1466 1512 1452 1459 1461 1451 1492 1508 1491 1469 1503 1495 1460 1455 1470 1501

C B B D D D D C C C A B

CASEWORK ADMINISTRATION (AA)

Mr Zaheer Malik* Mr Chris Ambatis* Mr Sean Holgate* Mr Richard Elcome Mr Alistair Macrae*

C
D D A B

MANAGEMENT TEAM (SEO) (EO)

Mr David Parkin Mr Nigel Battson** Mrs Linda Doran (P/T Mon-Wed)

1480 1482 1484

A A A

PC42/2005 – Extension of Victim Contact Scheme to Victims of Mentally Disordered Offenders – The Domestic Violence, Crime and Victims Act 2004 14

(AO)

Vacant

1445

A

BILL TEAM (Grade 6) (Grade 7) (EO)

Mr Nigel Shackleford Ms Louise O’Sullivan Miss Eve Tilly

1479 1476 1477

A A A

Mr Nigel Shackleford POLICY RESPONSIBILITIES Mr Mark Darby

Head of Caseworking Human Rights Act, Liaison with the Mental Health Review Tribunal and Case law; policy liaison with hospitals and prisons within Wales; DSPD Liaison and ethnic monitoring

1479 1505

A B

Mr Nick Hearn

Policy on prison transfers and remission to prison; policy liaison with hospitals and prisons within the Northern and Yorkshire Regional Health Authority, the Trent Regional Health Authority and the Greater London Eastern Area

1462

D

Mrs Sarah Denvir

Leave for restricted patients, supervision in the community and Women’s services; policy liaison with hospitals and prisons within the West Midlands Regional Health Authority; Institute of Psychiatric Forensic Teaching Unit; training and development

1496

C

Mr Richard Pickering

Risk assessment, lifers transferred to hospital, MAPPA; policy liaison with hospitals and prisons within the East Anglia Regional Health Authority and the South West Regional Health Authority

1494

C

Mr Julian Gibbs

Inter-agency working/court diversion; research liaison, Criminal Procedure (Insanity) Legislation, and Services for Children & Adolescents; policy liaison with hospitals and prisons within the South East Regional Health Authority; victim issues; grants to voluntary agencies

1475

B

Mr Richard Westlake

High Secure Services, Court & Police Liaison, Immigration Service Liaison, and Freedom of Information Act; policy liaison with hospitals and prisons within the North West Regional Health Authority and the Greater London Western Area

1474

D

Mr David Parkin

Management Team; Performance Management; prison statistics; financial information systems; electronic caseworking; casework manual coordination; business improvement ; liaison with health establishments located in North East London and North Central London

1480

A

** Temporary Promotion * Agency Staff For additional copies of this list, please telephone Linda Doran on 020 7035 1484.

PC42/2005 – Extension of Victim Contact Scheme to Victims of Mentally Disordered Offenders – The Domestic Violence, Crime and Victims Act 2004 15

Appendix 2 Flowcharts showing processes for victim contact for mentally disordered offenders A. Transferred prisoners

Start
Court 12 ? months custody for sexual or violent offence Change security

Offender to Prison

Potential events in hospital VLO informs victim
Victim contact established as usual

Leave

Inform Victim of outcome

Escape/abscond

Offender transferred to hospital Transfer direction + restriction direction Patient applies or referred to Tribunal

Home Secretary remits offender to prison

MHU inform Offender Manager Tribunal MHRT inform VLO of Tribunal date Offender Manager informs VLO Remains in hospital

VLO informs victim of transfer

VLO seeks Victim’s representations about potential discharge conditions and pass to MHRT

Remitted to prison

Inform Victim of outcome

PC42/2005 – Extension of Victim Contact Scheme to Victims of Mentally Disordered Offenders – The Domestic Violence, Crime and Victims Act 2004 16

B.

Victim Contact - hospital order with restriction order

Start
Court imposes Hospital order with with restriction order for sexual or violent offence Potential events in hospital VLO informs victim Offender to hospital Probation court staff alert victim contact unit Patient applies or referred to Tribunal Victim contact established Remains in hospital Inform Victim of outcome Inform victim of outcome

Change security

Leave

Escape/abscond

MHRT inform VLO of Tribunal date

VLO contact caseworker at MHU VLO seeks Victim’s representations about potential discharge conditions Tribunal

Absolute discharge

Conditional discharge

PC42/2005 – Extension of Victim Contact Scheme to Victims of Mentally Disordered Offenders – The Domestic Violence, Crime and Victims Act 2004 17

C.

Victim contact – hospital direction with limitation direction Start

Court imposes Hospital direction with limitation direction for sexual or violent offence

MHU advise of Change security Potential events in hospital VLO informs victim MHU may advise of Leave MHU or care team advise of Escape/abscond Patient applies or referred to Tribunal

Inform victim of outcome

Offender to hospital

Probation court staff alert victim contact Unit and offender manager allocated to case

Home Secretary remits to prison as no longer treatable /does not comply

Victim contact established

MHRT inform VLO of Tribunal date Remains in hospital Inform Victim of outcome Remitted to prison

VLO contact caseworker at MHU

Tribunal VLO seeks Victim’s representations about potential discharge conditions and forward to MHRT

PC42/2005 – Extension of Victim Contact Scheme to Victims of Mentally Disordered Offenders – The Domestic Violence, Crime and Victims Act 2004 18

Presentation slides

Appendix 3

PC42/2005 – Extension of Victim Contact Scheme to Victims of Mentally Disordered Offenders – The Domestic Violence, Crime and Victims Act 2004 19

PC 42/2005 Appendix 3

The National Probation Service duty to Victims
Domestic Violence, Crime and Victims Act 2004 Victims of Mentally Disordered Offenders

Existing Statutory Duty to Victims
Section 69 of the Criminal Justice and Court Services Act requires the National Probation Service (NPS) to contact victims of sexual and violent offences in all cases where the offender receives a custodial sentence of 12 months or more.

The purpose of the Victim Contact Scheme is to provide:
• General information abut the custodial process and postrelease supervision • Point of contact with probation service to express concerns or anxieties about the risk the offender poses to them • Opportunity to be contacted at key stages when the offender is in custody, such as a move to a lower security establishment • Opportunity to express their views about an offender’s conditions of release – such as non-contact conditions, or exclusion zones • Victim may request contact at any point during the offender’s sentence

Domestic Violence, Crime and Victims Act 2004
• The DVCV Act 2004 ensures that victims of mentally disordered offenders have an entitlement to receive similar information as the victims of violent or sexual offenders, who are sentenced to 12 months or more imprisonment. However, there are significant differences between the key stages for offenders in prison, to those in hospital • Implemented from 1 July 2005 • Extends duty to victims of offenders who are restricted patients in the following categories →

1. Those charged with a sexual or violent offence, or who have been found unfit to plead, and then made subject of a hospital order with a restriction order
• • There will be no offender manager in these cases VLOs will liaise with the caseworker in the Home Office Mental Health Unit and Responsible Medical Officer (RMO) and patient’s Care Team in hospital

2.

Those convicted of a sexual or violent offence, who are then made subject to a hospital direction and limitation direction

• The offender will have an offender manager as they are sentenced prisoners, but directed to hospital from court • This disposal is relatively rare • VLOs will liaise with caseworker in MHU and Care Teams in hospital to develop the strategy for victim contact

3.

Those sentenced to 12 months imprisonment or more, for a sexual or violent offence, and transferred from prison to hospital, under a transfer direction and restriction direction
VLOs will have already offered contact to victims when the offender was sentenced to 12 months or more in custody for a sexual or violent offence VLOs will liaise with caseworker in MHU and Care Team whilst the offender is in hospital This provision enables continuity of victim contact where an offender is transferred to hospital for mental health treatment

Victims of Mentally Disordered Offenders will be offered an opportunity to:
• make representations to the Home Secretary (via MHU) or the Mental Health Review Tribunal (MHRT) about the patient’s conditions of discharge be informed of any conditions of the patient’s discharge which relate to the victim or their family be informed when a restriction order/limitation direction in respect of the patient is to cease to have effect be informed when an offender is transferred back to prison and any subsequent licence conditions

Key stages whilst in hospital - 1
• Patient Confidentiality
No information about the patient’s health needs may be shared with the victim. However, some information about the key stages whilst in hospital may be shared

Patient transferred to different hospital
MHU will inform the offender manager/VLO. The name and location of the hospital should not be disclosed to the victim

Patient granted leave This information may not always be suitable for disclosure, where the granting of leave indicates changes in the patient’s mental health. However, MHU conduct thorough risk assessments before approving applications for leave, and information will be shared with VLOs where appropriate

Key stages whilst in hospital - 2
• Patient remitted or transferred to prison MHU will inform the offender manager/VLO of this Patient escapes or absconds By developing contact with the patient’s Care Team, this information can be shared on a timely basis. MHU will also be informed, and can pass it on to the VLO Remission for trial Patients who are found to be unfit to plead and made subject to a restricted hospital order may, if they subsequently become fit to plead, be remitted for trial. MHU will inform VLOs of this.

Discharge procedures
Restricted patient’s may be discharged by the Home Secretary or a Mental Health Review Tribunal There are two discharge stages:
Conditional discharge where a restricted patient is discharged from hospital subject to conditions and, where there is a restriction order, they are also liable to recall to hospital under the original order in certain circumstances Absolute discharge where neither conditions nor liability to recall pertain

The Mental Health Unit (MHU)
• Will inform the VLO if the Home Secretary is considering discharge in a particular case • The VLO will offer the victim an opportunity to make representations about the conditions of the patient’s discharge

The Mental Health Review Tribunal
The MHRT office will:
• Inform the VLO when a patient makes an application to the tribunal, and the subsequent decision • Ensure the victim’s representations, via VLO, are included in the papers considered by the MHRT • Inform the VLO of any variation of discharge conditions by the tribunal

Supervision in the community
• Conditionally discharged patients will be supervised by a social worker and a psychiatrist • VLOs should make links with the social and psychiatric supervisors to manage ongoing concerns about victims • Breach of a condition does not, in itself, lead to recall to hospital. A patient may not be recalled to hospital, except in an emergency, in the absence of medical evidence that the patient is currently mentally disordered. However, information about breaches of any conditions may lead to a consideration of whether recall is necessary – so VLOs should discuss reported breaches with the social and psychiatric supervisors

Start
Court ≥ 12 months custody for sexual or violent offence

Victim Contact – transferred prisoners
Change security

Offender to Prison

Victim contact established as usual

Potential events in hospital VLO informs victim

Leave

Inform Victim of outcome

Escape/abscond

Offender transferred to hospital Transfer direction + restriction direction Patient applies or referred to Tribunal

Home Secretary remits offender to prison

MHU inform Offender Manager Tribunal MHRT inform VLO of Tribunal date Offender Manager informs VLO Remains in hospital

VLO informs victim of transfer

VLO seeks Victim’s representations about potential discharge conditions and pass to MHRT

Remitted to prison

Inform Victim of outcome

Start
Court imposes Hospital order with with restriction order for sexual or violent offence

Flowchart – Victim contact when hospital order with restriction order
Inform victim of outcome

Change security Potential events in hospital VLO informs victim

Leave

Offender to hospital

Probation court staff alert victim contact unit Patient applies or referred to Tribunal

Escape/abscond

Victim contact established MHRT inform VLO of Tribunal date Remains in hospital Inform Victim of outcome

VLO contact caseworker at MHU VLO seeks Victim’s representations about potential discharge conditions Tribunal

Absolute discharge

Conditional discharge

Start
Court imposes Hospital direction with limitation direction for sexual or violent offence

Flowchart – Victim contact when hospital direction with limitation direction
MHU advise of Change security Potential events in hospital VLO informs victim MHU may advise of Leave MHU or care team advise of Escape/abscond Patient applies or referred to Tribunal Home Secretary remits to prison as no longer treatable /does not comply

Inform victim of outcome

Offender to hospital

Probation court staff alert victim contact Unit and offender manager allocated to case

Victim contact established

MHRT inform VLO of Tribunal date Remains in hospital Inform Victim of outcome Remitted to prison

VLO contact caseworker at MHU

Tribunal VLO seeks Victim’s representations about potential discharge conditions and forward to MHRT