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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. Introduction
1.1 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. Summary of Roles and Responsibilities


2.1 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”.

2.2 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

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
- 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

2.3 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”.

2.5 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.
- 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.

2.6 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.

2.7 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.

2.8 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.

2.9 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.

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. Outline of the Arrangements Made
3.1 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)

M.A.P.P.P
Co-signed Fax Co-signed Fax
. Request MAPPP?

Stage 2 M.A.R.A.C.
(May include LA/NHS/Prison/
Divisional DI Voluntary organisation/YOT) SPO
(Sex Offenders) (Violent Offender)

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

POLICE PRISONS PROBATION


Stage 1
Risk assess all potentially Risk assess all offenders
dangerous offenders
(RM 2000 on sex offenders)
Internal (RM 2000 on sex offenders) Internal
Transfer Transfer

All prisoners screened/assessed prior to release


Sex Offender PSR
Notification (MOU HMP Usk/Parc)
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.

3.3 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
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.

3.5 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.

3.6 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.
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

3.8 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

3.9 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.

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. Strategic Management Arrangements


4.1 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.

4.2 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.
4.3 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 co-


operation and appropriate collaboration
- 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

5. Disclosure
5.1 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.

5.2 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.

5.3 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.

5.4 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).
5.5 Before any disclosure is made, the Police must satisfy themselves that
the following factors have been carefully considered:

a) To whom disclosure will be made.

b) 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) What confidentiality safeguards are to be built into the process.

e) Is the offender to be warned of the disclosure?

Examples
5.6 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.

5.7 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.

5.8 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
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.

6. Victim Work
6.1 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.

6.2 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.
6.3 “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.

6.4 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”.

6.5 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.

6.6 The contact number for other services can be found on page 14 of this
report.

6.7 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.

6.8 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
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 fax 02920-577048
Cynon Valleys
Telephone 01685-879663 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 475
Community on 31.03.02 (s68 (2) CJ & CS Act 2000)

The number of RSOs per 100,000 population 38

ii The number of SOs cautioned/convicted for breaches of 7


registration requirement 01.04.01 – 31.03.02

iii The number of Sex Offender Orders 01.04.01 – 31.03.02

(a) total applied for 3


(b) granted 2
(c) not granted 0
(d) applications still in progress 1
iv The number of violent offenders and other sex offenders 1098
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 0
(2) (b) CJ&CS Act 2000)

7.1 Costs

Translation into Welsh language £315.00

Printing and binding 2300 copies £1500.00

Staff costs associated with the preparation and gathering of


information and statistical data for the annual report:

- Probation
Assistant Chief Officer, = £216.00

- Police
Detective Chief Inspector, = £156.32

Detective Constable, = £198.72

Total = £2446.04
National Probation Service
( South Wales Area) Address Telephone

……………………………………………………………………………………………………………..

Phil L Jones Pearl Assurance House 01639-639934


Director of Operations 119 London Road
National Probation Service Neath
SA11 1HL

Jan Chaplin Pearl Assurance House 01639-639934


Assistant Chief Probation Officer 119 London Road
Janet.chaplin@south-wales.probation.gsx.gov.uk Neath
SA11 1HL

South Wales Police Address Telephone


……………………………………………………………………………..………………………………..

D W Phillips South Wales Police 01656-655555


Head of Specialist Crime & Investigations Police Headquarters Ext: 20400
Cowbridge Road
Bridgend. CF31 3SU

Detective Chief Inspector S P James South Wales Police 01656-655555


Head of Public Protection Bureau Police Headquarters Ext: 20420
s.p.james@cwcom.net Cowbridge Road
Bridgend. CF31 3SU