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Foreword

The successful management of serious sexual and violent offenders is one of the most important duties undertaken by the police and the probation service. In Kent we have been working co-operatively for some time and both organisations give the highest priority to identifying those people who are a potential risk to the public. By pooling information and expertise we are able to manage offenders safely in the community. We therefore welcomed unreservedly the new arrangements introduced as a legislative requirement in April 2001. This report summarises progress and achievements and also records the valuable contributions made to public protection by other statutory and voluntary organisations. In Kent we are proud of the co-operation and mutual support which exists between agencies. Working collaboratively enables us to be far more effective than we would be working in isolation. The report seeks to reassure the public that the small number of serious sexual and violent offenders in the community are being properly assessed and monitored and emphasises the importance we place on providing a service to victims. If you would like to know more, a list of contact numbers is included.

Christine Lawrie Chief Officer Kent Probation Area

Sir David Phillips QPM, B.A. (Econ) Chief Constable Kent County Constabulary

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Contents

Foreword Contents 1. 2. 3. 4. 5. 6. 7. 8. 9. Introduction Summary of Roles and Responsibilities Outline of Arrangements Strategic Management Arrangements Disclosure Victim Work Statistical Information Useful Contacts Glossary

page 1 page 2 page 3 page 4/5 page 6/7 page 7 page 8 page 9/10 page 11/12 page 13 page 14

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1. Introduction
The Police and Probation Services work together to prevent re-offending by sex offenders and serious violent offenders. Some changes were made to this work in 1997 and again in 2001. Key decisions are made at meetings called Public Protection Panels. Prior to the Sex Offender Act 1997, the risk assessment and management of sexual and violent offenders in the community was principally the province of the Probation Service. Whilst there existed examples of good practice in terms of co-operation between the Police and the Probation Service, in respect of these offenders there was little by way of formal process or structure. However the Sex Offender Act 1997 placed a requirement upon the police to maintain a database of all offenders convicted of sexual offences who were required to register with the police in accordance with the Act. As a result in Kent the Police and Probation Services took a lead to develop multi-agency protocols, which set out the arrangements in this field. The Police, Probation and Social Services signed a Memorandum of Understanding and this also formed guidance for other agencies such as health and housing. A local Sex Offender Risk Assessment Panel was established in each of the nine police Areas in the county. These panels, chaired by the Area Detective Chief Inspectors, were responsible for the risk assessment and management of registered and unregistered sex offenders living within their district. It was recognised other offenders, particularly some being released from prison, could pose such a level of risk to the public that they should be considered by a panel which had a countywide remit and access to resources beyond any individual district. This panel developed as the ‘Potentially Dangerous Offenders Panel’ and was mainly co–ordinated, chaired and guided by the Kent Probation Area Public Protection Manager and Unit. The enactment, on the 1st April 2001, of the Criminal Justice and Court Services Act 2000 coincided with a police and probation review of the existing arrangements. The new legislation placed statutory requirements on the police and probation to actively manage sexual and violent offenders, particularly those that pose a high risk to the public and to report on those arrangements. The local panels were renamed Local Public Protection Panels (LPPP) and their remit extended to include some violent offenders and individuals suffering a dangerous personality disorder that posed a danger to the public. The countywide panel became the Kent Multi-Agency Public Protection Panel (KMAPPP). Whilst operating on a similar basis as previously mentioned, this concentrated on the ‘critical few’ offenders who represent the highest risk. In the year from 1st April 2002, 40 offenders were conferenced by the KMAPP system, with action plans and follow-up reviews. A planned Police and Probation Joint Co-ordinating Team (JCT) will co-ordinate the activity of the KMAPPP, provide a single point of contact for the LPPP’s and other agencies and to oversee the shared computer system used to registered and manage offenders across the county. The provision of additional financial support by the Social Services Departments of the Kent County Council and Medway Area Child Protection Committee has been vital to establishing this team. The JCT will be operational from July 2002. Staff from both the Police and Probation use Risk Matrix 2000 as part of their risk assessment procedures for sexual and violent offenders. This is a Home Office approved static risk assessment procedure which when applied, gives an accurate assessment of the level of risk the particular offender poses. To enhance collaborative working, Kent police and probation staff had joint risk assessment training. This document will provide further details of the arrangements made in Kent and give contact points for any enquiries in this respect.

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2. Summary of Roles and Responsibilities
A number of different agencies and organisations may be involved in the successful assessment and management of serious offenders. Kent Probation Area through their Public Protection Unit has had a pivotal role in the convening, chairing and minuting of MAPPP meetings. The Public Protection Unit works in partnership with Kent police in ensuring that up to date information and risk assessments are available to the panel. The MAPPP is indebted to Kent Police Prison Liaison Team, for their intelligence profiles on high risk and dangerous offenders. Those organisations involved so far in addition to the Police and Probation Services are: Social Services - The Social Service Departments of both the Kent County Council (KCC) and Medway Unitary Authority (MUA) play a significant role in the risk assessment and management process for those offenders who have offended against children, especially in a family environment. Education – The education departments of both KCC and MUA have been supportive in this field. A need to raise the awareness of teaching staff, particularly head teachers, in respect of the legislation, working practices and expectations as to their involvement in the process, has been recognised and addressed. Direct involvement by education, in the risk assessment and management process is dependent on the nature of each case. Local Authorities - The principal involvement of local authorities at a district or borough level arises from their statutory responsibility in respect of housing. Some liaison has been undertaken with local authority housing departments to ensure that an understanding of the legislation, risk assessment and management processes and the issues arising there from are well understood. Housing departments have, in the main, been understanding of the difficulties faced in respect of locating or re-locating offenders. Housing Associations - The inclusion of voluntary or private sector social landlords has been based principally upon the extent of their housing provision and direct involvement in any individual case. The National Housing Association has previously provided guidance to its members in this regard. However, given the diversity of other, smaller, landlords it has been necessary to only include these individuals on a caseby-case basis. Whilst the private sectors constraints and concerns may not be identical to all local authority housing departments, there are again numerous examples where such co-operation has made the management of offenders in the community a great deal easier. Partnership Accommodation Providers There are Approved Probation Premises (formerly Bail and Probation Hostels) and other post release establishments that are a key feature of any resettlement and management plan, particularly those relating to high risk offenders. The requirement to balance the needs of any particular offender, other offenders in an establishment and the wider public interest is well understood. The organisations operating various facilities within Kent, including a secure unit, understand they play a critical role within the risk assessment and management process and fulfil their obligations admirably. National Health Service The Health Service has a broad interface with offenders ranging from drug and alcohol treatment through to addressing other physiological and psychological needs. However, it is in the area of mental health where their activity is most prevalent. The need to fully understand the risk, particularly of the most serious offenders, is highly dependent in a number of cases on a psychiatric assessment. In this regard the Kent Forensic Psychiatry Service plays a fundamental role in carrying out such assessme nts and providing a report which will inform any panel discussion.

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Community Mental Health Services have an equally critical role in ongoing assessment and management plans. The recent devolution of the NHS provides a challenge in respect of obtaining the full involvement of the Primary Care Trusts in these partnership arrangements, where appropriate.

Her Majesty’s Prisons – There are ten prison establishments in Kent. Whilst not all of these prisons housed high risk sexual or violent offenders, the overall number of prisons and the prison population has required the development of effective prison liaison arrangements.

Kent Police has a dedicated team of officers working closely with the prison authorities in respect of a range of issues, in particular, the identification of prolific, high-risk and dangerous prisoners. Prison staff, including seconded probation staff, have been key contributors to the meetings.

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3. Outline of the Arrangements Made
There is a tried and tested way for staff to work together, assessing the risk posed by an offender and then deciding how to manage it. In addition to the day to day work outlined above, Kent has continued to develop multi-agency arrangements for the assessment and management of sexual, violent and other dangerous offenders. These arrangements should, however, be seen against a broader background in the development of multiagency working. There are other multi-agency fora which have grown up at both a local and county level to deal with a wide range of issues principally involving the management of prolific offenders, those families who are problematic within a community and those offenders who are released from prison, without licence and who need a managed return to society to minimise reoffending. This process is commenced when a relevant subject is identified. This identification could be through various means including self-registration, outside agencies, other police intelligence or, more commonly, imprisonment or pre-release information from the police prisons liaison team. Following the identification an initial risk assessment is conducted using Home Office approved tools such as Risk Matrix 2000 or Offender Assessment System (OASys). OASys is a national system for assessing the risk and needs of an offender. OASys is designed to: • Assess how likely an offender is to be reconvicted • Identify and classify offending-related needs, including basic personality characteristics and cognitive behavioural problems • Assess risk of serious harm, risk to the individual and other risks • Assist with the management of risk • Link the assessment to the supervision or sentence plan • Indicate the need for further specialist assessments and • Measure change during the period of supervision/sentence This assessment gives an indication as to the risk the individual poses both sexually and violently. Dependant on that initial assessment the case is referred to either the local public protection panel (low, medium and high risk) or the Kent Multi-Agency Public Protection Panel (some high risk and all very high risk Arrangements are then made to inform all necessary agencies that the case will be considered at the next public protection meeting. The frequency of these meetings is, in the main, every two months for local public protection panels and every week for the Kent Multi-Agency Public Protection Panel. More urgent cases may require an extraordinary meeting being convened, which does occasionally occur. The local public protection panels will be chaired jointly by the local Detective Chief Inspector or the local Senior Probation Officer. The police manage arrangements for the local public protection panels on sex offenders. Proposals that local public protection panels on violent offenders be managed by senior probation officers are being considered. The arrangements for the Kent Multi- Agency Public Protection Panel fall to the Public Protection Unit, who in liaison with the Public Protection Manager and a Detective Chief Inspector will identify the required attendees. The attendees will always include representatives from the police and probation, not only the post holders previously mentioned but also more local officers who will have responsibility for furthering actions arising from the meeting. Where practicable written information is supplied by agencies before the meeting. When a panel is convened all parties exchange information. In the light of the original risk assessment

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and any information added by the agencies, an agreement is reached to the actual level of risk posed and the actions required to minimise that risk or manage the offender. These decisions are formally recorded together with the justification processes that have lead to them. After the meeting this formal risk assessment and action plan is circulated to those required to complete actions and all the information is then updated, by the JCT,

onto the shared database. This activity is mirrored in those cases that are dealt with by the local public protection panels. Each case is subject to regular review, the length of time between review being dependant on the nature of the risk posed and actions being taken to minimise that risk. All review meetings will be advised of progress of the tasks and actions arising from the previous meeting, an update of

intelligence and information, and a re-assessment of the risk and a revision of the action plan. This process which continues until the subject is no longer required to register as a sex offender, does not pose a significant risk to the public or moves from Kent. In the case of an individual leaving Kent a full record appertaining to the individual and all of the public protection panel meetings will be forwarded to the relevant police force and probation area.

4. Strategic Management Arrangements
All these arrangements are reviewed regularly at a senior management level and necessary changes implemented. Meetings take place between the Detective Superintendent, Kent County Constabulary and the Assistant Chief Officer, Kent Probation Area who have joint strategic responsibility for MultiAgency Public Protection Panels. It has been recognised that this is an ideal forum for monitoring existing arrangements, outside of specific cases, and for identifying areas for further development. This meeting also includes the KPA Public Protection Manager and the Chief Inspector with lead responsibility. A four monthly meeting regime between the police sex offender liaison officers and the Detective Chief Inspector is seen as a good mechanism for ensuring that standardised practices are promulgated throughout the Force. It is anticipated that the probation officers from KPA’s Sex Offender Resource Team will also be included in this meeting structure.

The structures and processes relating to the management of sexual and violent prisoners are currently subject to annual inspection and audits by both agencies. The inspection and audit concentrate on: • • Compliance with existing policy The development of the recommendations from previous inspections or audits and Further areas for improvement.

5. Disclosure

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Care has to be taken to balance the needs of the community with the offenders human rights. It is important to ensure that information can be shared between agencies without breaking confidences Disclosure is guided by existing case law, Data Protection Act 1998 and considerations under European Convention of Human Rights. The issue of disclosure is considered in each and every case that is subject of the risk assessment and management process. However, the degree of disclosure would be dependent on a number of factors: • The legality of any disclosure • Whether such a disclosure is justified in the circumstances • Whether or not the extent of disclosure is proportionate to the risk posed and the objectives sought by the disclosure Two examples are: • • Whether the disclosure is necessary in terms of the aims of any management plan in a democratic society the offender in the future. An individual convicted of a stranger rape against a school child may warrant further disclosure in the area where the offender resides, or even, in exceptional circumstances a broader public release. Recent events in other parts of the country have highlighted how emotive the subject of sex offenders in the community can be and how difficult it becomes to manage these individuals in society when faced with public protest and action resulting from a broad public disclosure, particularly in the media. Limited disclosure has occurred, in particular cases to enable a higher degree of protection to identified and/or specific victims.

In essence there is always some form of disclosure albeit that it may rest between the principal agencies involved in the assessment and management process. Further disclosure to a broader audience will only be proportionate to the risk posed by the offender and the need to disclose to minimise that risk i.e. if an offender is convicted of committing sexual offences purely within a family environment, then any disclosure will probably be constrained to immediate family and any families or relationships developed by

A MAPPP agreed to disclose information to a head teacher concerning a particular offender whose children attended the school. The estranged parent, was soon to be released from prison, having been convicted of a very serious offence against his expartner, the mother of the children. Whilst in prison he continued to make threats against his victim and their children. The children had been placed with foster carers away from their home area. Their father had discovered the general area they lived but did not know the actual address. He made threats to find them at school and harm them. A man was due to be released from prison, originally sentenced for serious offences, with a long history of indiscriminate violent offending against individuals including attacking shop staff who he perceived got in his way. The MAPPP learnt that the offender planned to re-offend following release. It took the decision that information needed to be shared with the relevant Town Centre Partnership, to enable them to put strategies into place to monitor his movements in the shopping area.

6. Victim Work
The Probation service has a specialist team whose task is to ensure that victims are kept informed about the offender’s release plans and their views made known to the appropriate authorities. Kent Probation Area Victim Liaison Service.

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In Kent the Victim Liaison Service originated some six years ago when the Home Office directed probation services to commence relevant victim work. At that time the instruction was to work with victims of offenders sentenced to four years imprisonment and above. Within a short period Kent Probation Area were able to include victims of offenders sentenced to two years and above. Following the introduction of the Criminal Justice and Court Services Act 2000, in April 2001, Kent Probation Area implemented Section 69, which brought the threshold down to twelve months. The team was strengthened and a manager appointed. The purpose of the Victim Liaison Service is to make contact with the victims of violent or sexual crime where the offender has been sentenced twelve months or more imprisonment and/or the families of people who have been killed. The unit establishes if the victim wishes to be kept informed of the general release plans for the offender. Victim liaison officers would pass their views and / or concerns about the

offenders’ release to the prison authorities or parole board. The prison authorities or the parole board seriously consider these views and on occasions they significantly influence the release plan and licence conditions. During the period April 2001 to March 2002, 343 new cases were allocated an increase on the previous year (202). The increase reflects the change in working with those sentenced to one year’s imprisonment and above. In addition the victim liaison staff continued to work with ongoing cases at the relevant stage of sentence from originating many years previously. Victim liaison officers are based in probation offices, enabling them to act as consultants to and communicate effectively with the local team. Allocation methods include geographical assessment, together with workload management. The management and administration of the Victim Liaison Service is based in Maidstone Crown Court and currently shares part of the

building with the Court Services Division. The contact number for the Victim Liaison Service is 01622 202120 Kent Probation Area Victim Liaison Service works closely with the Sex Offender Resource Team, in order that the victim’s views are given appropriate consideration. In addition the Victim Liaison staff have made an invaluable contribution to MAPPP’s in presenting the victim’s perspective and in identifying specific risk issues to the victim The Victim Liaison Service works closely with Kent Police. Initial victim contact has transferred to police responsibility from 1st March 2002 in line with Home Office direction. This new task is in addition to the police notifying victims of the results of the case. During 2002 Kent Probation Area plans to implement new management arrangements for its Victim Liaison Service. The manager will manage both Victim Liaison and the Sex Offender Resource Team.

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Kent Victim Support. In Kent, representatives from Victim Support have attended a number of KMAPPPs and have contributed valuable and relevant information to assist the risk assessment process. Victim Support is a national charity for people affected by crime. It is an independent organisation, offering a free and confidential service, whether or not a crime has been reported. Trained staff and volunteers at local branches offer information and support to victims, witnesses, their families and friends. Victim Support provides the Witness Service, based in every criminal court in England and Wales, to offer assistance before, during and after a trial. You can call the Victim Support line – 0845 30 30 900 – for information and support and details of local services and other relevant organisations.

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7. Statistical Information

Notes i 1 ii The number of RSOs per 100,000 population iii The number of sex offenders having a registration requirement who were either cautioned or convicted for breaches of the requirement, between 1 April and 31 March 2 (a) (b) (c) (d) v 3 The number of Sex Offender Orders applied for an gained between 1 April and 31 March The total number applied for The number granted The number not granted The number of applications still in progress The number of violent offenders and other sex offenders 01/04/01 – 31/03/02 (s68 (3)(4)&(5) CJ&CS Act 200) The number of other offenders 01/04/01 – 31/03/02 (s67(2)(b) CJ&CS Act 2000) The number of Registered Sex Offenders (RSOs) in the community on 31/03/02 (s68 (2) CJ&CS Act 2000)

Number of offenders 571

35.7

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iv

0 0 0 0 757

vi

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Notes: 1. Other than the 5 people conferenced under the county KMAPPP arrangement, all registered sex offenders are risk assessed and managed by the Local Public Protection Panels. All registered sex offenders are made aware of Sex Offender Orders, circumstances under which one is sought and the consequences of being placed under such an order. Whilst Sex Offender Orders have been considered in a number of cases, the fact that offenders are aware of them has generally proved sufficient to reinforce compliant behaviour and minimise the risk of reoffending. In addition to the 5 registered sex offenders (mentioned at (1) above) an additional 34 people were subject to KMAPPPs. This category relates to people not included above, principally those suffering from a dangerous severe personality disorder or convicted of criminal harassment (stalking). One of these was subject to a KMAPPP. total number of people conferenced under KMAPPP procedures = 40.

2.

3.

4.

Therefore

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The cost of local arrangements including initial set-up costs and staff hours Probation Board £’000 Staff costs Other costs 1 (e) Total Expenditure Income Net Expenditure* 20 0 20 Set up costs included above * 38 0 38 12 0 12 70 0 70 19 (f) Police £’000 8 (a) 10 (b) 10 (c) 5 (d) 5 (e) Other Agencies £’000 12 (a) Total £’000 39 10 21

-

-

20

-

-

Notes: (a) (b) (c) (d) (e) Co-funded JCT Co-ordinator post. Funded by police and social services (KCC) and Medway ACPC. Part of the full-time Police Constable on the Prison Liaison Team dedicated to servicing the needs of the KMAPPP and LPPP. Licence Costs for the expansion of the HOLMES 2 Computer system for use as a registration and management database. Office set up costs for the JCT. Training costs for police and probation personnel on the use of the HOLMES computer, including the design of the database and training package and back record conversion of data onto the system. Probation Co-ordinator post in JCT.

(f)

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Useful Contacts

Kent Probation Public Protection Unit Kent County Constabulary, Criminal Case Review Dept Joint Co-ordinating Team Kent Probation Area Headquarters Kent County Constabulary Headquarters Kent Probation Victim Liaison Service Victim Support Line

01622 01622

687521 654548

01622 01622 01622 01622

654741/2 350820 690690 202120

0845 30 30 900

Any queries concerning this Annual Report should be directed to Kent Probation Area Headquarters @ 01622 350820

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Glossary

ACPC CJ & CS Act JCT KCC KMAPPP KPA LPPP MAPPA MUA OASys RSO

Area Child Protection Committee Criminal Justice and Court Services Act 2000 Joint Co-ordinating Team (Police and Probation) Kent County Council Kent Multi-Agency Public Protection Panel Kent Probation Area Local Public Protection Panel Multi-Agency Public Protection Arrangements Medway Unitary Authority Offender Assessment System Registered Sex Offender

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