De Cymru ● South Wales

Criminal Justice

and Court Services Act 2000

Annual Report 1st April 2001 – 31st March 2002

Mission Statement
‘The public in South Wales has a right to expect Criminal Justice Agencies and other Public and Voluntary Organisations to work together to ensure their protection. The Police and Probation services in South Wales recognise that such protection can only be achieved by a collaborative response to the assessment of risk and the development and implementation of a management plan for the supervision of potentially dangerous and sexual offenders.’

1. 1.1

Introduction Local arrangements in South Wales began in response to the Sex Offenders Act 1997 when Police and Probation started to make joint arrangements for the assessment and management of registered sex offenders. In recent years we have built on those arrangements and now have multi agency protocols agreed by Police, Probation, Prisons, Health, Local Authority Housing, Housing Associations and Social Services for the assessment and management of sex offenders and other potentially dangerous offenders. This document will provide further details of the arrangements made in South Wales and give contact points for any additional enquiries via Police and Probation.

2. 2.1

Summary of Roles and Responsibilities In 1998 South Wales Police and the then Probation Services of West, Mid and South Glamorgan became signatories to a protocol entitled “A Public Protection Strategy on Risk Assessment and Management of Dangerous Offenders”. In 1999 South Wales Police, the Probation Services of West, Mid and South Glamorgan in collaboration with the seven local authorities that comprise the South Wales Area namely: Bridgend County Borough Council City and County of Cardiff Council City and County of Swansea Council Merthyr Tydfil County Borough Council Neath Port Talbot County Borough Council Rhondda Cynon Taff County Borough Council Vale of Glamorgan Council

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became signatories to a Memorandum of Understanding concerning “The Risk assessment and management of Sex offenders within the South Wales Police area pursuant to the Sex Offenders Act 1997”. Nineteen Housing Associations also formally subscribed to this Memorandum of Understanding namely: Glamorgan and Gwent Housing Association Limited Merthyr Tydfil Housing Association Limited Hafod Housing Association Limited Aelwyd Housing Association Taff Housing Pontypridd and District Housing Association

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Rhondda Housing Association Gwalia Housing Society Limited Cadwyn Housing Association Dewi Sant Housing Association Family Housing Association (Wales) Limited Newydd Housing Association Swansea Housing Association Cardiff Community Housing Association Limited West Glamorgan Housing Consortium Cynon-Taf Housing Association Limited Wales and West Housing Association Limited Tai Trothwy United Welsh Housing Association Limited

In 1999 South Wales Police collaborated with: Bro Taff Health Authority Iechyd Morgannwg Health Authority Bro Morgannwg NHS Trust Cardiff and District Community NHS Trust University Hospital of Wales and Llandough NHS Trust North Glamorgan NHS Trust Pontypridd and Rhondda NHS Trust Swansea NHS Trust Velindre NHS Trust

and became signatories to a Memorandum of Understanding concerning “The Risk Assessment and Management of Mentally Disordered Sex Offenders pursuant to the Sex Offenders Act 1997”. 2.4 Further Memoranda of Understanding have been constructed in partnership with South Wales Police the Probation Services of West, Mid and South Glamorgan, HMP Usk, HMP and YOI Parc, HMP Cardiff and HMP Swansea concerning “The Release of Dangerous Prisoners”. The signatories to each of the Memoranda described above have undertaken to: Share relevant information concerning sex offenders thereby contributing to the risk assessment of those offenders. Contribute to the monitoring and management of such offender by working together.

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Reduce through collaborative arrangements, the potential threat of re-offending, thereby minimising the number of victims of sexual abuse in the South Wales Police area.

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Unitary Authorities - Social Services and Housing Departments The seven Unitary Authorities in South Wales have a wide range of statutory responsibilities. These include services to vulnerable groups, both adults and children. The services promote safety and welfare, which balances the needs and wishes of the individual with the safety of the wider community. All departments recognise the value of collaborative work and are committed to working together in the management of risk and the protection of the public. Housing associations The Housing Association listed earlier in the report recognise the need to work together with the statutory agencies to ensure public safety. Each of the Associations are therefore committed to supporting the South Wales Strategic Framework for assessing and managing potentially dangerous offenders. Health The Health Authorities and NHS Trusts listed in paragraph 2.3 provide a range of mental health services. They are aware of the major contribution that they are able to make for the prevention of harm and self harm and as such are committed to working in partnership with other organisations. Prisons The four Welsh Prisons listed above acknowledge the importance of their role in terms of public safety. All are committed to ensuring that prisoners are subject to an appropriate risk assessment prior to release into the community. Assessment is carried out in collaboration with statutory and other relevant agencies.

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2.8

2.9

2.10 In relation to the Memorandum of Understanding developed in partnership by South Wales Police and the seven Unitary Authorities that comprise the South Wales area, a particular difficulty arose in 1999. The difficulty related to a dangerous predatory paedophile, which resulted in one Unitary Authority opting out of the agreement. The stance of that Local Authority followed a council resolution, which stated:

“1) This council considers it imperative that the community is made aware when an individual who is considered to be a known risk to children is about to take up residence in the community and resolves to make public such information as is available to the Council, subject to any legal constraints; 2) That the Police be requested to advise the council of any such instances so that the community and particularly schools, can be made aware of the potential risk to children” 2.11 As a consequence of that resolution representatives of that Local Authority no longer participated in MARAC (see paragraph 3.3) and MAPPP (see paragraph 3.5) Conferences where the subjects posed a risk to children. However representatives did attend MARAC and MAPPP Conferences in respects of offenders who did not fall within the terms of the resolution. 2.12 However negotiations continued between Senior Police, Probation and Local Authority Personnel with a view to encouraging that Authority to revisit their resolution. In March 2002 the council agreed to revisit their stance in relation to multi agency partnership working. As a consequence that authority is now fully committed to the risk assessment and information sharing process. 2.13 South Wales Police and the National Probation Service (South Wales Area) have identified that the above memoranda were developed in response to the Sex Offenders Act 1997 and are therefore narrowly focused upon sex offenders. In response to the Criminal Justice and Court Services Act 2000, a multi agency group has been established with a view to constructing a ‘South Wales Public Protection Strategic Framework’ document that will encompass each of the above mentioned memoranda into one document. The ‘South Wales Public Protection Strategic Framework’ document will extend the focus to all Potentially Dangerous Offenders. It will also take account of issues highlighted at the Regional Public Protection Conference such as Lay Representation, Offender involvement as well as at recent training/awareness raising events such as consistency in MARAC and MAPPP meetings and risk assessment. Each agency will be invited to become a signatory to the newly revised document, which, it is intended, will be launched publicly later this year.

3. 3.1

Outline of the Arrangements Made South Wales Police and the National Probation Service (South Wales area) have developed a two-tier system for the assessment and Management of Sexual Violent and other dangerous offenders. (See Figure 1) - Level 1 – Multi Agency Risk Assessment Conference (MARAC) - Level 2 – Multi Agency Public Protection Panel (MAPPP)
ACC (Disclosure Authority) Early warning to H/O unit?

Stage 3
DCI (Public Protection) ACPO (Violent Offender)

Co-signed Fax

M.A.P.P.P . Request MAPPP? M.A.R.A.C.
(May include LA/NHS/Prison/

Co-signed Fax

Stage 2
Divisional DI (Sex Offenders)

Voluntary organisation/YOT)

SPO (Violent Offender)

So dangerous? Do DI and SPO agree with original assessment?

Stage 1
Internal Transfer

POLICE
Risk assess all potentially dangerous offenders (RM 2000 on sex offenders)

PRISONS

PROBATION
Risk assess all offenders (RM 2000 on sex offenders)

Internal Transfer

Sex Offender Notification

All prisoners screened/assessed prior to release (MOU HMP Usk/Parc)

PSR RM 2000 Shared Responsibility

Figure 1

3.2

Whenever a joint or multi agency approach would improve Public Protection, Police, Probation and any other relevant agency eg Housing, Prisons, Health, Social Services etc will share information and make joint plans if necessary. For the highest risk offenders (the critical few) a MAPPP will be convened. The ‘Multi Agency Risk Assessment Conference’ (MARAC) is a formal multi agency conference that can be used to facilitate the risk assessment process in respect of non-sexual offenders or serious violent offenders who are potentially dangerous. In the majority of cases the MARAC process is likely to be used as a pre-cursor to a MAPPP Conference, however where there is overwhelming evidence

3.3

support the view that the offender is highly dangerous then the MAPPP process maybe invoked immediately. 3.4 The Divisional Crime Manager in consultation with the relevant Senior Probation Manager has the discretion as to whether or not to hold a MARAC. In making this decision he/she should consider each case on its own merits. If it is felt that the evidence is substantial and indicates that the offender represents a significant risk to the public, then serious consideration should be given to holding a MARAC so that other agencies that are likely to contribute to the risk assessment process can participate. If the Police decide to hold a MARAC then the responsibility of arranging/chairing the meeting and recording the minutes will be that of the Divisional Crime Manager concerned. In the event that a MARAC decides that an offender represents a high degree of risk to the public the conference may recommend that the case be referred to a ‘Multi Agency Public Protection Panel’ (MAPPP). Alternatively in exceptional cases where the evidence overwhelmingly supports the view that the offender represents an exceptionally high risk to the public the Divisional Crime Manager and Senior Probation Manager may agree to make a formal request for a MAPPP Conference to take place without first invoking the MARAC process. If the Police are responsible for initiating this decision, the Divisional Crime Manager should make this request to the Detective Chief Inspector, Head of Public Protection. This request will contain all relevant details of the case and reasons for making the request. The DCI (Public Protection) will consider the request and liaise with the relative Assistant Chief Officer (Probation) in whose district the offender resides. If both agencies agree arrangements will then be made for the MAPPP Conference to be held as soon as practicable. Either the DCI (Public Protection) or an Assistant Chief Officer (Probation) for that district will chair the MAPPP Conference. The decision as to who will chair the conference will normally be made on the basis of which agency requested the MAPPP. However this arrangement is negotiable and should be mutually agreed between the relative designated senior officers prior to the MAPPP being held.

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3.7

The aims of MARAC and MAPPP Conferences are - To share information - To assess levels of risk and their implications - To devise individual action plans, to minimise risk - To agree implementation In addition to these functions a MAPPP Conference will - Consider or review the need to register the subject on a register of potentially dangerous offenders - Consider any issue relating to disclosure in the public domain MARAC’s are convened at the discretion of the Divisional Crime Manager in collaboration with the Senior Probation Manager and may concentrate on one or several offenders.

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3.9

3.10 MAPPP’s are convened at the discretion of the Detective Chief Inspector (Public Protection) in collaboration with an Assistant Chief Officer (Probation) and concentrate solely on one offender. 3.11 Conference minutes will be recorded in both MARAC and MAPPP Conferences held between the Police, Probation Service and any other agency present. The responsibility for preparing these minutes rests with the agency that chairs the conference. Copies of the minutes are shared between Police and Probation. Under no circumstances are they circulated to any other agency or person. The minutes remain confidential and are securely retained at all times. 3.12 Whether the risk assessment has been facilitated through a MAPPP or MARAC process, once a decision has been made as to the level of risk the offender represents a management plan is constructed with a view to minimising the risk of re-offending by the offender. The management plan will contain a number of actionable tasks. In terms of ownership and responsibility, it is essential the agency that has the prime responsibility for carrying out these “action points” is clearly identified. 3.13 Offender programmes in South Wales follow the National Strategy to ensure that only accredited programmes are used to address offending behaviour. This means that the programmes have been subject to extensive piloting, research and evaluation and are able to evidence that they are successful.

3.14 At present the Reasoning and Rehabilitation (R & R) operates across South Wales and in HMP Parc. The latter is also a pathfinder site for the Focus on Resettlement (F.O.R.) which is being piloted for work with short-term prisoners. Enhanced Thinking Skills (ETS) is the programme used at HMPs Cardiff and Swansea. The Drug treatment and Testing Order (DTTO) is available to all courts in South Wales and The Community Sex Offender Group Work Programme (C-SOP) is being used in Cardiff and will gradually be extended to the whole of the Area. South Wales is a Pathfinder Area for the Women’s Acquisitive Crime Programme (WACP) which will run in Cardiff and Swansea from May 2002 and the Drink Impaired Drivers Programme (DID’s), which is accredited, will be available from the summer of 2002. 4. 4.1 Strategic Management Arrangements An overarching strategic steering group has been in existence since January 2001. The group comprises, the Detective Chief Superintendent, Head of CID within South Wales Police, Strategic Assistant Chief Officer National Probation Service (South Wales area), and the Detective Chief Inspector, Head of Public Protection, South Wales Police. The group meets quarterly. It’s role is to monitor working practices and procedures concerning the risk assessment and management of sex offenders and other potentially dangerous offenders. In January 2002, the Public Protection Project Board was formed. The board is chaired by the Assistant Chief Constable (Operations) and comprises senior police personnel as well as a senior representative of the National Probation Service (South Wales area) and Social Services. The Public Protection Board’s terms of reference are: To oversee the development and effective implementation of policies, structures and procedures relating to: - Child Protection - Management of Dangerous and Sex Offenders - Domestic Violence - Vulnerable Persons To achieve the above within a multi-agency framework of cooperation and appropriate collaboration

4.2

4.3

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To establish Implementation Plans in respect of each of the above four categories and to ensure compliance with those plans. To establish and oversee the work of a multi-agency implementation team tasked to deliver the above requirements To effectively monitor performance against plans, and ensure compliance with policies and procedures To identify and spread best practice Disclosure There are various levels of disclosure that the Police may initiate ranging from the release of confidential information to third parties that are in the public domain to full community disclosure. Any disclosure must be part of an overall plan for managing the risk posed by a potential offender. The need to protect an individual child, a group of children or other vulnerable adults must be the ultimate aim of any disclosure made. Prior to any decision by the Police to make any form of disclosure in the Public Domain, a MAPPP meeting must take place in order to discuss the level of risk and to agree on a strategy for managing that risk. In the event that disclosure to a third party is recommended by the Multi Agency Public Protection Panel, the authority of an Assistant Chief Constable must be obtained before any disclosure can be made by the Police. It should be noted that South Wales Police reserve the right to veto any conference recommendations in accordance with Home Office Circular 39/1997 on the Sex Offenders Act 1997 as it relates to disclosure of the third parties. Disclosure to third parties in the public domain, will be the exception to a general rule of confidentiality. The primary responsibility and authority for making this form of disclosure rests with the Chief Constable who has agreed to consider any recommendation that the Multi-Agency Public Protection Panel (MAPPP) risk assessment panel may make in respect of such disclosure. (In practice, the Chief Constable has delegated the necessary authority to make any disclosure in the public domain, to his Assistant Chief Constables).

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5. 5.1

5.2

5.3

5.4

5.5

Before any disclosure is made, the Police must satisfy themselves that the following factors have been carefully considered: a) b) To whom disclosure will be made. What will be disclosed.

c) What is the purpose of disclosure and what is the recipient of disclosure expected to do with the information. d) e) 5.6 What confidentiality safeguards are to be built into the process. Is the offender to be warned of the disclosure?

Examples Example 1 - A MAPPP meeting was convened to discuss the risks posed by a man who had recently been released from prison. He had been assessed as “presenting a substantial risk to the public and in particular poses a high risk to any woman” The subject sought to gain admission on to a local college course where it was known that young vulnerable females would be present. The MAPPP meeting recommended alerting a senior college administrator to the risk posed. As a consequence the subject was refused access to the course. Example 2 - Several MAPPP meetings were convened to discuss the risk posed by a male youth with previous convictions for serious sex offences against young males. Information shared at the meetings indicated that he was forming a relationship with a female living near him who had small children. It was the recommendation of the MAPPP meeting to disclose to the female the risk that he presented. As a consequence, the female ceased her relationship with him and he had no further contact with her children. Example 3 - Several MAPPP meetings were convened to discuss the risks posed by a man with previous convictions for serious sex offences against male and female children. Information shared at the meetings indicated that he was loitering near areas frequented by children especially parks with children’s play areas. It was the recommendation of the MAPPP meeting to disclose limited information to a senior member of the local council with responsibility for parks with a view to alerting selected park attendants and CCTV operators to the danger that he posed. Intelligence was gathered to support an application for a Sex Offender Order. The application was

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5.8

successful; the subject has since breached the order and is currently on remand awaiting trial. 5. 9 Example 4 - Several MAPPP meetings were convened to discuss the risks posed by a man with previous convictions for serious sex offences against young females. Information shared at the meetings revealed that he was corresponding with a woman who had two young girls. It was also known that he had sent them gifts. In addition he had sought unpaid work assisting vulnerable homeless persons. It was the recommendation of the MAPPP meeting to disclose to the mother of the girls and to a senior person within the workplace of the risks that the offender posed. As a consequence the mother of the two girls was told about his offending history and immediately terminated her relationship with him. The employer ensures that he does not have unsupervised access to vulnerable persons. Victim Work Section 69 of the Criminal Justice and Court Services Act 2000 places a statutory duty on the National Probation Service to contact victims of violent or sexual offences where the offender has been sentenced to custody of 12 months or more. This contact is made to enquire whether victims wish to be kept informed of the offenders release arrangements. In April 2001, as part of the probation Services Modernisation process, the three Glamorgan Services became the South Wales Area of the National Probation Service. Since that time work has been undertaken to ensure consistency of service to victims across South Wales. The Area has sought to build on best practice which is based on the following principles:  A clear focus which recognises that the role of the Probation Service is to provide information and not to counsel.  Specialist staff with the knowledge and expertise to deal with victims sensitively and empathetically.  A pro-active approach which ensures that extensive efforts are made to locate victims.  Contact with victims which encourages their involvement but respects their decision if they chose to decline this opportunity.  Excellent formal and informal liaison with police liaison staff and Victim Support workers.

6. 6.1

6.2

6.3

“Victim Support is the 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 also call Victim Supportline – 0845 30 30 900 – for information and support and details of local service and other relevant organisations”. The Area recognises the importance of the victim perspective in all risk assessments. Victim staff are, therefore, invited to all MAPPPs and MARACs. Similarly victim workers liaise closely with the officer supervising the offender. This ensures that the victim perspective is always to the fore and, where the victim has chose, is kept informed of release arrangements (month, year and general home location). It also allows the victim to be informed of any additional licence conditions which will restrict the movements of the offender. The contact number for other services can be found on page 14 of this report. During the next year further work will be undertaken to develop additional Protocols with Victim Support Schemes and the South Wales Police. This will ensure that this work continues to develop and receive the importance it merits. The South Wales area has 10 victim support schemes which align with the seven unitary authority boundaries. The schemes are as follows: Merthyr – covering Merthyr Tydfil County Borough Council Taff Ely, Rhondda and Cynon Valley – covering Rhondda Cynon Taff County Borough Council Cardiff – covering City and County of Cardiff Council Vale of Glamorgan – covering the Vale of Glamorgan Council

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6.6

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Ogwr – covering Bridgend County Borough Council Neath/Port Talbot – covering Neath/Port Talbot County Borough Council Swansea – covering City and County of Swansea Council Details of names and telephone numbers are as follows:Cardiff Victim Support Telephone 02920–578408 Cynon Valleys Telephone 01685-879663

fax 02920-577048 fax 01685-879663

Merthyr Tydfil Victim Support Telephone 01685-334405 fax 01685-723250 Neath Victim Support Telephone 01639-639179

fax 01639-639176

Port Talbot Victim Support Telephone 01639-886045 fax 01639-884284 Rhondda Victim Support Telephone 01443-433641 fax 01443-432488 Swansea Victim Support Telephone 01792-543654

fax 01792-543655

Vale of Glamorgan Victim Support Telephone 01446-746049 fax 01446-746409 Taff Ely Victim Support Telephone 01443-485202

fax 01443-485659

Bridgend Victim Support Telephone 01656-679552 fax 01656-679552

7.

Statistical Information Number of Offenders
i The number of Registered Sex Offenders (RSOs) in the Community on 31.03.02 (s68 (2) CJ & CS Act 2000) The number of RSOs per 100,000 population ii The number of SOs cautioned/convicted for breaches of registration requirement 01.04.01 – 31.03.02 The number of Sex Offender Orders 01.04.01 – 31.03.02 3 2 0 1 1098 0 475

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iii

(a) total applied for (b) granted (c) not granted (d) applications still in progress iv The number of violent offenders and other sex offenders 01.04.01 – 31.03.02 (s68 (3)(4)&(5) CJ&CS Act 2000) The number of other offenders 01.04.01 – 31.03.02 (s67 (2) (b) CJ&CS Act 2000)

7.1

Costs Translation into Welsh language Printing and binding 2300 copies £315.00 £1500.00

Staff costs associated with the preparation and gathering of information and statistical data for the annual report: - Probation Assistant Chief Officer, - Police Detective Chief Inspector, Detective Constable, Total

=

£216.00

= = =

£156.32 £198.72 £2446.04

National Probation Service ( South Wales Area)

Address

Telephone

…………………………………………………………………………………………………………….. Phil L Jones Director of Operations National Probation Service Pearl Assurance House 119 London Road Neath SA11 1HL 01639-639934

Jan Chaplin Assistant Chief Probation Officer Janet.chaplin@south-wales.probation.gsx.gov.uk

Pearl Assurance House 119 London Road Neath SA11 1HL

01639-639934

South Wales Police Address Telephone ……………………………………………………………………………..………………………………..

D W Phillips Head of Specialist Crime & Investigations

South Wales Police Police Headquarters Cowbridge Road Bridgend. CF31 3SU

01656-655555 Ext: 20400

Detective Chief Inspector S P James Head of Public Protection Bureau s.p.james@cwcom.net

South Wales Police Police Headquarters Cowbridge Road Bridgend. CF31 3SU

01656-655555 Ext: 20420