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2021/22 MAPPA Annual Report

Multi Agency Public Protection Arrangements

We are pleased to present the Annual Report 2021/22 on the operation of the Multi Agency Public Protection Arrangements (MAPPA) in the Highlands & Islands area.

IMAGE: The cover displays the Highlands & Islands MAPPA logo and the text “HIGHLANDS & ISLANDS MULTI-AGENCY PUBLIC PROTECTION ARRANGEMENTS”, together with “2021/22”, “MAPPA Annual Report”, “Multi Agency Public Protection Arrangements”, and the statement: “We are pleased to present the Annual Report 2021/22 on the operation of the Multi Agency Public Protection Arrangements (MAPPA) in the Highlands & Islands area.”

Foreword

I am pleased to present our Multi Agency Public Protection Arrangements (MAPPA) Annual Report for the Highlands and Islands area for 2021 – 2022. As Chair of the Highlands & Islands Strategic Oversight group for the period I am very proud to deliver these results.

The purpose of these arrangements is public protection and the reduction of serious harm and I would like to thank all partners for their continuous hard work and commitment to fulfil our aim.

We have this year moved from our Covid operating model back to normality. We have continued to work in these testing times whilst still effectively managing the risk of individuals and support of our communities.

As we return to ‘normal’ business so do our partners in the justice sector and we anticipate in this forthcoming year to see our number of offenders managed under MAPPA increase. As a collective under MAPPA we are prepared for this increase with sufficient resources in place across the Highlands and Islands.

We continue to work in close collaboration to reduce the risk of re-offending and manage the risk posed by these individuals, not allowing geography to be a barrier to maintaining high standards in our processes and governance and affording equal access to services across all our communities.

I hope you take confidence from the contents of this report and that our outcomes and achievements are recognised as a collective effort by all those involved in MAPPA.

Maggie Miller
Detective Superintendent
Police Scotland and Chair of the Highlands and Islands Strategic Oversight Group

What is MAPPA?

Multi-Agency Public Protection Arrangements (MAPPA) are a set of statutory arrangements of which the primary purpose is to maintain public protection and the reduction of serious harm. The protection of children, adults at risk and other members of the public are paramount. It is a structure by which registered sex offenders, mentally disordered restricted patients and other offenders who, by reason of their conviction, pose a risk of serious harm to the public are managed through the effective sharing of relevant information, and the assessment and management of that risk.

MAPPA was introduced in 2007 under the requirements of the Management of Offenders (Scotland) Act 2005 and is delivered under National Guidance. Legislation defines the Responsible Authorities and those with a Duty to Co-operate (DTC).

The Responsible Authorities within the Highlands & Islands are:

  • Highland Council
  • Orkney Islands Council
  • Western Isles Council
  • Shetland Islands Council
  • Police Scotland
  • Scottish Prison Service
  • NHS Highland
  • NHS Orkney
  • NHS Eilean Siar
  • NHS Shetland
  • The State Hospital for Scotland

These agencies are responsible for the assessment and management of risk presented by offenders who are subject to MAPPA. The NHS Boards and The State Hospital are Responsible Authorities in respect of Restricted Patients only, and are deemed Duty To Cooperate Agencies in respect of Registered Sex Offenders.

The National Duty to Co-operate (DTC) agencies include:

  • Scottish Children’s Reporter Administration
  • Department of Works & Pensions
  • Electronic Monitoring Providers, e.g. G4S
  • Registered Social Landlords
  • any person/organisation providing services to, or on behalf of a Responsible Authority

The DTC agencies are required to accept, provide and reciprocally share appropriate information to support the risk management planning of any offender subject of MAPPA.

Who are the MAPPA offenders?

There are 3 categories of offender eligible for MAPPA:

Registered sexual offenders (Category 1) – sexual offenders who are required to notify the police of their name, address and other personal details and notify any changes subsequently.

Violent offenders (Category 2) – offenders convicted on indictment of a crime inferring personal violence and who are on a community order or subject to licence following release. This Category is not enacted by the Scottish Government at this time.

Other Offenders (Category 3) – Offenders not required to comply with the Sex Offender Notification Requirements (SONR) or a mentally disordered restricted patient; who by reason of their conviction are subject to supervision in the community by any enactment, order or licence; and are assessed by the responsible authorities as posing a high or very high risk of serious harm to the public which requires active multi-agency management at MAPPA level 2 or 3.

Mentally Disordered Restricted Patients

This category of offender comprises those subject to any of the following orders or directions:

  • Patients who are detained following conviction under section 57A and section 59 of the Criminal Procedure (Scotland) Act 1995.
  • Patients who are detained under section 57(2)(a) and (b) of the Criminal Procedure (Scotland) Act 1995 Compulsion Order with a Restriction Order (CORO) following a finding of unfitness for trial or acquittal by reason of mental disorder.
  • Prisoners detained in hospital on a Hospital Direction under section 59A of the Criminal Procedure (Scotland) Act 1995 or a transferred prisoner on a Transfer for Treatment Direction under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003.

How do the Multi Agency Public Protection Arrangements Work?

MAPPA in Scotland has always been utilised to coordinate the management of those offenders in the community required to notify under the Sexual Offences Act 2003, commonly referred to as Registered Sex Offenders, and those offenders deemed Restricted Patients under Mental Health legislation.

Offenders eligible for MAPPA are identified and relevant information is shared across those agencies involved, or likely to have a contribution in their management. The nature and level of the risk of harm they pose is assessed and actions are raised within a multi-agency risk management plan in order that those risks can be monitored and minimised to protect the public. Convicted sex offenders are now subject to more checks than ever before. The sex offenders register ensures monitoring is in place and agencies can continue to work together to protect the public from known sex offenders living in the community.

The practical operation of MAPPA is performed within pre-set meeting structures at local authority level. Offenders subject to MAPPA will be managed at one of following 3 MAPPA Management Levels:

MAPPA Level 1: Routine Risk Management – In the vast majority of cases, the offender will be managed under the routine arrangements applied by the agency or agencies with supervisory responsibility, i.e. by Police Scotland alone, or jointly with Criminal Justice Social Work. In the case of a Restricted Patient, the NHS will be lead agency. Level 1 is not applicable to MAPPA Category 3 Offenders, who once identified will only be managed under Level 2 or 3 Review processes.

MAPPA Level 2: Multi Agency Risk Management – This process is implemented where Risk Management Planning requires the active involvement of multiple agencies required to manage and actively reduce the risk of serious harm posed by an offender or where that management is complex and resource intensive. A number of factors will be considered in determining if an offender requires Level 2 management, this decision being the responsibility of the MAPPA Coordinator on receipt of a Referral and in consultation with the Responsible Authorities who consider the risk of serious harm thresholds are met. Those managed at Level 2 will be the subject of regular MAPPA Review Meetings through which a Multi-Agency Risk Management Plan is formulated, implemented and monitored.

MAPPA Level 3: Multi Agency Risk Management Panel (MAPPP) – From time to time, as with offenders managed at level 2, cases arise that present such a high level of risk to the public, or where the level of resources required to effectively manage the offender in the community are substantially beyond what could be considered normal. These offenders are often referred to as “the critical few” and, whilst managed under the same processes as Level 2 albeit more frequently, more senior representatives of the agencies involved will be actively involved in the formulation, implementation and monitoring of risk management plans.

All prisoners released from prison subject to MAPPA will have an agreed risk management plan to resettle them back into the community safely.

We work closely with offenders to ensure they gain access to help and support to tackle (their criminal behaviours) the reasons and underlying causes why they have offended. This might be providing assistance with finding accommodation, helping with employment or offering treatment for drug, alcohol or mental health problems, including sex offender programmes to address their offending behaviour. This also means imposing tough controls. Offenders who are assessed as presenting a high risk of harm to the public are subject to very strict supervision and monitoring to help reduce that risk. This will inevitably mean that they have to live in approved and manageable accommodation and may be subject to Electronic Monitoring (Tagging) for a period of time. They may also be restricted from visiting certain places, having contact with certain people and must report regularly to the Police Scotland sex offender prevention unit or their supervising criminal justice social worker as well as receiving random unannounced visits to their home address. However, it is recognised that the vast majority of offenders do not receive custodial sentences are instead dealt with through the court system by way of a community based disposal/order under the supervision of criminal justice social work (CJSW).

In terms of risk or actions required to manage such, MAPPA will strive to manage offenders at the lowest possible level relating to assessed risk; therefore, to reflect change in this level of risk offenders can move either up or down levels in order that resources are commensurate with that perceived risk.

The Oversight of MAPPA

The operation of MAPPA is directed and overseen by the Highlands & Islands Strategic Oversight Group (HIMSOG). This Group consists of senior representatives from each of the Responsible Authorities, with representatives of the Duty to Co-operate agencies attending as appropriate or necessary. The group meets three to four times each year (or on an emergency basis) and has updated its Business Plan for the period 2020-2022. This has served to reinforce the remit of the group and provides a business structure, the key areas being:

  • Business Planning, management and resource allocation
  • The Publication of an Annual Report
  • Significant Case Review
  • Training
  • Adherence to updated National MAPPA Guidance and other relevant protocols
  • Quality assurance and the Review of the Performance of MAPPA

MAPPA remains well established across the Highlands & Islands area with the reporting year seeing continued refinement of the operation of MAPPA, with on-going review of practice and process locally and nationally in an effort to improve our ways of working.

The level of further sexual or violent offending committed by Registered Sex Offenders across the Highlands & Islands has remained very low year on year since MAPPA began in 2007, although any further offending is of concern to the Responsible Authorities and our communities. It is recognised that, on occasions, offenders managed under the MAPPA will commit, or attempt to commit, further serious crimes and, when this occurs a process of Case Review is initiated within MAPPA. The level of review undertaken will be determined by the nature and seriousness of alleged further offending and is intended to examine the actions or processes employed by the agencies involved to ensure that all reasonable actions had been undertaken and to capture any potential for learning that may enhance future work. In response to 2 particular instances of serious further offending during this year’s reporting period, the HIMSOG directed that an Initial Case Review be undertaken by the Lead Agencies. It was determined that all necessary measures and processes had been in place and that no Significant Case Review was required.

Initial Case Reviews

The HIMSOG continues to build on national guidance and local review findings in its process for reviewing all Initial Case Reviews (ICRs). An ICR takes place when the following occur:

  • When an offender managed under MAPPA at any level, is charged with an offence that has resulted in the death or serious harm to another person, or an offence listed in Schedule 3 of the Sexual Offences Act 2003;
  • Significant concern has been raised about professional and/or service involvement, or lack of involvement, in respect of the management of an offender under MAPPA at any level;
  • Where it appears that a registered sex offender being managed under MAPPA is killed or seriously injured as a direct result of his/her status as a registered sex offender; and
  • Where an offender currently being managed under MAPPA has died or been seriously injured in circumstances likely to generate significant Public concern.

Lead agency

The lead agency varies depending on the category of the offender and whether they are the subject of statutory supervision by criminal Justice Social work (CJSW) at the time. The lead agency is the agency with statutory authority and responsibility to manage a MAPPA offender. Police normally lead on Category 1, CJSW always lead on Category 3 and where the offender is subject to an Order of Lifelong Restriction. This management involves appropriate information sharing in order to properly identify risk. The lead agency has primary responsibility for referring the offender to Level 2 or 3 management or notification at level 1.

The Parole Board for Scotland

The parole process is a system that enables some offenders to be released on licence in the community under the supervision of a community based social worker. If an offender is released on parole, they are subject to be recalled to prison at any time if they breach the terms of their licence. Parole is only granted where the Parole Board is satisfied that the risk presented by the offender can be managed in the community.

The Parole Board for Scotland is a Tribunal Non-departmental Public Body whose members are appointed by the Scottish Ministers. The Board has a number of statutory functions but operates independently from the Scottish Government. Directions made to Scottish Ministers by the Board about early release of an offender are binding, with the exception of deportation cases and applications for compassionate release where the Board will offer advice only. The MAPPA process takes account of the parole position and plans for the potential release of “High Risk” offenders within our area by means of contingency planning should liberations occur.

2021/22 Overview

Following on from last year’s report reference the COVID-19 pandemic, the Responsible Authorities have refreshed all operational links within MAPPA in relation to their respective Recovery Plans and made arrangements or adjustments as necessary. The increased use in secure virtual technology has already led to an unprecedented meeting attendances and information flow. It’s envisaged the MAPPA will continue with new ways of working for the longer term.

I am pleased to advise that the revised MAPPA National Guidance is now published – please see link below. Scottish Government Multi-Agency Public Protection Arrangements (MAPPA) National Guidance - gov.scot (www.gov.scot). This revision takes into account changes in legislation, policy, and practice since 2016 (when last published) and national recommendation findings from Significant Case Reviews. It is the culmination of nearly 3 years’ collaboration with MAPPA and wider justice partners. It has not been possible to take forward all suggestions from partners, these have been noted for consideration for the next revision. The biggest changes to the guidance is Chapter 20 (Significant Case Review Process) which has been expanded to provide further guidance on the criteria and decision-making processes when progressing through the different stages of the SCR process, and the identification of a Lead Reviewer and the Review Team. Chapter 15 (Individuals subject to MAPPA within the Prison System) has been amended to provide further detail on the decision-making processes for progression through the prison system and community access, and the role of MAPPA in the run up to an individual’s liberation. The revision has also strengthened the guidance throughout the document in relation to liaison with victims.

The HIMSOG undertook a review of their MAPPA Level 1 process to assimilate review periods and risk management plans with other areas and in line with the new National MAPPA Guidance 2021. The review has embodied the continuous improvement approach MAPPA takes in terms of improving paperwork, information sharing and addressing problematic issues when they arise.

Advised in last year’s MAPPA annual report, primarily due to an increase in MAPPA funding, the HIMSOG agreed to commission the services of a forensic consultant psychologist to assist professionals with risk assessments, risk management and 1-1 intervention work with offenders within the community. This has proved excellent value with the forensic interventions assisting in numerous risk orientated considerations.

Health Improvement with MAPPA

The Independent Review into the Delivery of Forensic Mental Health Services chaired by Mr Derek Barron published its final report recently. The Review made a number of recommendations which, if taken forward had implications for MAPPA partners. One was for the Scottish Government to consider the development of a more consistent way of sharing forensic mental health expertise with MAPPA partners and other external individuals or organisations (including other NHS services) across the country, citing the NHS Lothian SOLS and NHS Greater Glasgow and Clyde STARR services as potential models for this. The Scottish Government are currently considering all recommendations made in the final report and it would publish a formal.

During this reporting year the Cabinet Secretary for Health and Social Care formally introduced the National Care Service (Scotland) Bill to the Parliament which has now been published. This bill will have significant impacts on justice services, as such the overall position is that a final decision on the inclusion of justice social work in the NCS will not be taken until further detailed consideration and evidence gathering with key partners has been carried out. Instead, the NCS will be designed so that justice social work services can be included if that is considered appropriate in due course, and the Bill contains powers that enable those services to be added using secondary legislation.

The Highlands & Islands Strategic Oversight Group (HIMSOG) should be reassured that the operation of MAPPA within the area is operationally sound. This is supported by the standard Key Performance Indicators (KPIs) and quality assurance processes measuring the overall performance of MAPPA. There is strong evidence of good working relationships throughout the area at an operational level with excellent self-assessment processes embedded in local procedure.

The Year Ahead

It’s anticipated that the commencement of sections 10 to 40 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (“the 2016 Act”) will be enacted. These sections introduce two preventative orders which can be applied to relevant sex offenders and those who pose a risk of harm: Sexual Harm Prevention Orders (SHPOs), and Sexual Risk Orders (SROs) respectively. The SHPO is a preventative order designed to protect the public from sexual harm. The order will be available in Scotland and there are comparable SHPOs available across the rest of the United Kingdom. This order replaces Sexual Offences Prevention Orders (SOPOs) and Foreign Travel Orders (FTOs) provided for in sections 104, 105 and 114 of the Sexual Offences Act 2003 (“the 2003 Act”). The SRO is a civil preventative order designed to protect the public from sexual harm, and unlike SHPOs there is no need for a previous conviction or equivalent¹. The order will be available in Scotland and replaces the Risk of Sexual Harm Orders (RSHO) provided for in sections 2 to 8 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 and FTOs provided for in section 114 of the 2003 Act.

Police Information Sharing - Following meetings convened by Police Scotland with COSLA, Social Work Scotland, Local Authorities, Health representatives and the Scottish Government on Tuesday, Police Scotland have offered a deadline for changing how they will share police information with MAPPA partners. That deadline is now late 2022. Police Scotland welcome the collective support and commitment of partners to the development of the Information Sharing Agreements and will establish a stakeholder group and a governance group with a view to working together to find solution(s) to the identified issues. They have also shared an updated Data Protection Impact Assessment with partners. They confirmed that they propose to engage with the Scottish Government with respective legal representatives, to discuss the legal position in this area and will take further advice from the Information Commissioner’s Office. Police Scotland were still keen that people use this additional time to best effect, particularly those who do not currently have access to the ViSOR system.

National Training for Chairs – Progress on this had been paused due to the pandemic and competing demands by the Risk Management Authority (RMA); however, the coming year will see the RMA and Community Justice Scotland (CJS) come together to discuss and progress how the RMA and CJS can collaborate on delivering the required training. It was agreed the initial step should see both a training needs analysis created to identify what the training package should look like with responsibilities being allotted to CJS and RMA.

¹ This includes a conviction (or equivalent) under the law of a country outside the United Kingdom of an act or omission which at the time it was done or made constituted an offence in that country and would have constituted an offence listed in Schedule 3 (other than at paragraph 60) or Schedule 5 of the 2003 Act if it had been done or made in the United Kingdom.

Alongside this a consultation event for MAPPA chairs with Professor Hazel Kemshall targeting risk management. Professor Kemshall is a professor of community and criminal justice at Du Montefort University in Leicester and has research interests in risk assessment and management of offenders, effective work in multi-agency public protection, and implementing effective practice with high risk offenders.

The Risk Management Authority (RMA) have produced an Internet Offending framework model, which is to be piloted over the next 2 years in a number of local authorities in late 2021-22. Applications for potential participating CJS service areas were sought (up to mid-November 2021), which will determine the scope of the pilot area. Additionally, the RMA intended to publish details of its Counter Terrorism literature reviews and had updated information on the Risk Assessment Tools Evaluation Directory (RATED) relative to 3 new tools and one updated tool in the Violence Risk Category, including Violent Extremist Risk Assessment 2 Revised (VERA-2R), and Terrorist Radicalization Assessment Protocol-18 (TRAP-18).

The new ViSOR Code of Connection has been implemented, early indications are there may be some implications for legacy users who are not vetted to the required Non-Police Personnel Vetting level 2. Furthermore, it’s likely IT changes will also be required and it is important that local authorities are given as much advance notice as possible of any changes. The Scottish Government ViSOR Short-Life Working Group has been reinstated and will be the primary advisory of ViSOR related issues.

In terms of trend behaviour the Highlands & Islands continues to see increased numbers of offenders travel to our area from areas such as England and Wales after legislative orders/licences have been completed and individuals are free to travel for a number of reasons. There are a number of differing individuals’ rationale for doing this, nevertheless MAPPA services and partners are alive to the impact on additional services such as housing, health and support services and work with partners outwith our area to manage these increases. It’s anticipated that local connections to the Highlands & Islands housing legislation will be modified in order to address future homelessness. This in itself will likely impact in small numbers of offenders accessing social housing out with their own area of local connections. Subsequently we have also seen an increased number of transfer requests both cross border and from other areas in Scotland to have offenders managed in our area. Therefore, before outcomes and decisions are made a multi-agency discussion is established to consider the wider impact on our agencies and our community.

From late 2021, the SPS began to pilot a high intensity potential alternative to MFMC for men convicted of sexual violence who are assessed as high risk of causing harm. This change will not currently impact MFMC delivery in HMYOI Polmont or for those with individual responsivity needs at HMP Barlinnie. The SPS is constantly monitoring its programmes and looking at ways they can be improved. With MFMC, monitoring is completed jointly with community partners. The fact that MFMC’s accredited status was due to expire gave us the chance to think jointly about what we were doing and whether there were ways to improve the service we provide. A choice was made to revisit psychological theory in relation to sexual violence and up to date literature on programme design. Having done this, the choice was made to pilot alternatives to MFMC. MFMC will be replaced by a programme for people identified as presenting a high-risk of harm. This is called the Self-Change Programme (SCP). Participation on this programme will be similar to that for MFMC, somewhere between 8-10 months. A second programme developed with community partners will be for those identified as medium-risk. This programme is currently being developed in collaboration with a design team formed from SPS and community members. This programme does not have a name as yet while design is ongoing. The length of time someone would spend on this programme is likely to be between 4-5 months. Having two programmes will ensure that the ‘right’ people are on the ‘right’ programme.

Offender numbers have risen slightly however remain quite steady year on year. We are monitoring the current backlog of pending sexual offence cases currently within the court system as a product of the Covid 19 pandemic. This is likely to affect overall numbers, however the projection has been slower than expected.

With the introduction of Cat 4 Terrorist offenders within the MAPPA process in England and Wales the Scottish government in conjunction with the MAPPA Development Group are taking forward the consideration of where the management of these individuals fit with MAPPA here in Scotland.

Scotland’s Multi-Agency Public Protection Arrangements (MAPPA) framework is designed to protect the public through the assessment and management of the risk posed by certain individuals, therefore the introduction of a new Communication and engagement strategy will ensure effective public engagement and the sharing of appropriate information are fundamental, not just to the delivery of the public protection arrangements, but also in terms of the way the public perceive the difficult and often challenging job which the agencies do.

Some Core Statistics

The following tables display the levels at which offenders across the NCJA have been managed during the reporting year:

MAPPA LevelsOffender typeHighlands & Islands
Level 1Registered Sex Offenders269
Restricted Patient13
Level 2Registered Sex Offenders25
Other Risk of Serious Harm Offenders2
Restricted Patient1
Level 3Registered Sex Offenders8
Other Risk of Serious Harm Offenders2
Restricted Patient0

On the 31st March 2020

MeasureHighlands & Islands
Number of Registered Sex Offenders on Licence/Order97
Number of Sexual Offence Prevention Orders in Force22
Number of Risk of Sexual harm orders (RSHO’s) in Force1
Number of ‘Wanted’ RSO’sReported Nationally
Number of ‘Missing’ RSO’sReported Nationally

These statistics represent totals as of 31 March 2022 and/or within the reporting year (Table 1) and it should be noted that all MAPPA offenders are assessed and reviewed regularly throughout the year in relation to their potential risk to cause serious harm to others. One of the principles of MAPPA is that offenders are managed commensurate to the risk they pose. This is a dynamic environment where effective risk assessment and information sharing is vital.

Restricted patients are persons detained in hospital under a compulsion order with a restriction order. This means they have usually committed an offence punishable by imprisonment but as a result of mental disorder are not imprisoned but ordered to be detained in hospital for treatment, without limit of time. They are dealt with through a programme of treatment and rehabilitation – the aim being to prevent recurrence of offending by dealing with the mental disorder.

MeasureHighlands & Islands
Number of RSO’s convicted of a further Group 1 or Group 2 offenceReported Nationally
Number of RSO’s subject to Formal Disclosure19
Number of RSO’s returned to custody for a breach of statutory conditions2
Number of Registered Sex Offenders reported for breaching their notification requirement37
Number of RSO’s convicted of breaching SOPO prohibitionsReported Nationally
Number of Foreign Travel orders0
Number of Registered Sex Offenders notified to Jobcentre Plus23
MeasureHighlands & Islands
Number of registered sex offenders within the H&I area on the 31st March 2022 (in community and in custody)284

The number of registered sex offenders per 100,000 population still remains within a comparative range across Scotland.

The proactive identification of internet offenders by authorities ranging from online child sexual exploitation, possession of and distribution of indecent images of children, online grooming and live streaming has predominately led to a successive year on year increase in Registered Sex Offenders both locally and nationally year on year.

MAPPA Contact

The MAPPA coordinator is employed on behalf of all the responsible authorities and plays an essential role in the coordination, support and administration of the strategic functions on behalf of the Highlands & Islands Strategic Oversight Group.

HIGHLANDS & ISLANDS

Ron Lyon
MAPPA Coordinator
c/o Public Protection Unit
Police Scotland ‘N’ Divisional HQ
Old Perth Road
Inverness
IV3 3SY

Ron.lyon@scotland.pnn.police.uk

Further statistics and national information on the subject of MAPPA can be found on the Scottish Government Website.

Explanations of Terms Used

Registered Sexual Offenders (RSOs) – those who are required to notify the police of their name, address and other personal details and notify any changes subsequently. Failure to comply with the notification requirements is a criminal offence which can carry a term of imprisonment.

Restricted Patient – This is an offender defined under the Management of Offenders etc. (Scotland) Act 2005 Section 10, 11 (a-d).

Breach of licence – offenders released into the community following a period of imprisonment for a registerable sexual offence will be subject to a licence with conditions (under Criminal Justice Social Work supervision). If these conditions are not complied with, breach action will be taken and the offender may be recalled to prison. It perhaps would be a mistake to see the number of breaches as “failed cases” – rather they reflect decisive action taken to protect the public when offenders are not complying with the requirements of their licence.

Sexual Offences Prevention Order (SOPO) – A Court may make a SOPO at the time of dealing with certain sexual offenders or when the police make a special application on account of the offender's behaviour in the community. A SOPO can place restrictions and obligations on the offender and will require the subject to register as a sexual offender. If the offender fails to comply with the requirements of the order, they can be taken back to Court and may be liable to up to 5 years' imprisonment.

Risk of Sexual Harm Order (ROSHO) – Place restrictions and obligations on someone who is behaving in such a way which suggests that they pose a risk of sexual harm to a particular child or to children generally. The person's behaviour need not constitute a criminal offence, and s/he need not have any previous convictions. If the person fails to comply with (i.e. breaches) the requirements of the order, they can be taken back to Court and may be liable to up to 5 years' imprisonment. A conviction for breach of the order also renders the person subject to the sex offender notification requirements.

Notification Order – requires sexual offenders who have been convicted overseas to register with police, in order to protect the public in the UK from the risks that they pose. Police may apply to the court for the order in relation to offenders in or intending to come to the UK.

Order of Lifelong Restriction (OLR) – is a sentence introduced in Scotland in June 2006. The OLR provides for the lifelong supervision of high risk violent and sexual offenders and allows for a greater degree of intensive supervision to manage the risk that those individuals pose.

Foreign Travel Orders – prevent offenders with convictions for sexual offences against children from travelling abroad where it is necessary to do so to protect children from the risk of sexual harm.

Formal Disclosure – if a decision is made to formally disclose, then a letter of disclosure will be drafted on behalf of the Divisional Commander of the relevant Police Division. This letter should be served by the police personally on the person to whom the disclosure is to be made. The disclosure should be limited to the information necessary to minimise the risk. Officers serving this letter should ensure that they do not disclose any further information other than what is stipulated in the letter. Although no further information should be disclosed, advice and guidance on how the individual should respond to the information in order to protect themselves or others and in particular whether any further action is undertaken. This procedure will only be advanced as a last resort and will be completed in consultation with partner agencies. There are various other forms of disclosure available in the management of offenders.

Missing Offenders – An RSO should be considered as missing when the current whereabouts of the offender is unknown and police enquiries to establish their whereabouts have been unsuccessful and as a result the risk management process may not be achievable and there exists a requirement to trace the individual and address the risk he/she may pose and establish if further offences have been committed. Those offenders who have left the territorial jurisdiction of the United Kingdom and whose location abroad is known are not considered as missing. The requirement to comply with the registration process is suspended whilst offenders are out with the UK. Where appropriate, consideration should be given to establishing whether the offender has committed an offence relative to notification of his/her foreign travel. In this situation if an arrest warrant is issued relative to such an offence the offender should be regarded as Wanted.'

Wanted Offenders – Where it is known that an offender is actively avoiding police in response to police enquiries to trace that individual relative to offences they may have committed, or in relation to other matters for which it is required that they be interviewed. This may include those occasions where an offender is the subject of an arrest warrant.

MARAC – Multi Agency Risk Assessment Conference (MARAC) is a local, multi-agency victim focused meeting where information is shared on the highest risk cases of domestic violence and abuse between different statutory and voluntary sector agencies.

Notes Page -

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