Multi Agency Public Protection
Arrangements
(MAPPA)
in Scotland
1
The purpose of MAPPA
Provide a framework, for
the ‘responsible
authorities’ to work
together in assessing and
managing those offenders
who pose a risk of serious
harm…
The Police
Local
Authorities
Health Board or
Special Health
Board
Scottish Prison
Service
Legislative Basis
Section 10 and 11 of the Management of
Offenders etc. (Scotland) Act 2005
the responsible authorities…must jointly
establish arrangements for the assessment and
management of the risks posed by any person
who…
Category 1
…is subject to the notification requirements of Part
2 of the Sexual Offences Act 2003
Mentally disordered restricted patients subject to any of the
following orders or directions come within the remit of MAPPA
legislation and procedures:
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
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.
Category Two
Section 10(1)(b) - convicted on indictment of a crime
inferring personal violence and either subject to a
Community Payback Order with a specific supervision
requirement, or required on release from custody to
be under supervision by any enactment, order or
licence.
Category Three
Section 10(1)(e) provides for the capture of any
other offenders who, by reason of their conviction,
are considered by the responsible authorities to
represent a risk of serious harm.
Identify
Notify
Refer
Assess
Manage
Exit
8
Levels at which risk is assessed in MAPPA
Level 1 routine risk management
Level 2 multi agency risk management
Level 3 multi agency public protection panels
9
2014
2010
4136
3736
2008
3312
Total number of offenders subject to the Sex Offender Notification Requirements
10
11
12
13
14
Restricted Patients in MAPPA
76%
24%
Level 1
Level 2
15
Where next for MAPPA?
16
MAPPA Guidance Review
17
Risk Management
Risk assessment
Risk management
Contingency planning
18
Thomas Bennie Smith SCR:
Assessed as posing a high risk of re-offending…
However rationale for reaching this conclusion was not
sufficiently clear in the documentation... a more thorough
assessment of his offending behaviour and a greater
understanding of the risk posed by him would have
resulted in a better informed and structured risk
management plan
19
SCR Ryan Yates 2012
Recommendation 4:
Responsible Authorities must ensure a comprehensive
and defensible Risk Management Plan is developed
prior to offender release from prison…The Responsible
Authorities utilised an Action Log format of Risk
Management Plan which while acceptable in basic
cases, the risks associated with this case should have
merited a more structured Risk Management Plan
20
SCR George Cameron 2013
Recommendation 10
It is recommended that all agencies ensure that all decisions they are
involved in concerning risk assessment and risk management are clearly
recorded and that there is supporting documented evidence recorded to
explain the justification for the risk level applied to an offender
Recommendation 11
The risk management plan relating to an offender should be explicit about
what risk factors apply to that offender…
The risk management plan must detail actions necessary to address the risk
factors associated with the offender …
The risk management plan must make it clear how the actions to manage
the offender in the community link to each of the risk factors identified.
21
22
23
24
25
26
27
MAPPA Extension Project
28
Category Two
Section 10(1)(b) - convicted on indictment of a crime inferring
personal violence and either subject to a Community Payback
Order with a specific supervision requirement, or required on
release from custody to be under supervision by any enactment,
order or licence.
Category Three
Section 10(1)(e) provides for the capture of any other
offenders who, by reason of their conviction, are considered
by the responsible authorities to represent a risk of serious
harm.
Order for Lifelong Restriction
Risk Management Authority - Standards & Guidelines for Risk Management 2013
“The lead authority should appoint a multi-agency
team that has delegated responsibility for risk
assessment…and management…this group may be
convened through existing structures…(MAPPA,
Restricted Patient Multi-disciplinary Teams)”
“Where the offender is subject to the SONR it
is anticipated that the role of the Multi-Agency
Team will be undertaken by MAPPA”
30
Category Three
Section 10(1)(e) provides for the capture of
any other offenders who, by reason of
their conviction, are considered by the
responsible authorities to represent a risk
of serious harm.
31
In Legislation
Section 10(1)(e) any person who has been convicted of an
offence if, by reason of that conviction, the person is
considered by the responsible authorities to be a person who
may cause serious harm to the public at large…
In Guidance
…and that risk of serious harm is considered to be high or
very and requires active multi agency management at
MAPPA Level 2 or Level 3
Very high: there is an imminent risk of serious harm. The potential
event is more likely than not to happen imminently and the impact
would be serious
High: there are identifiable indicators of risk of serious harm. The
potential event could happen at any time and the impact would be
serious
32
In Legislation
Section 10(1)(e) any person who has been convicted of an
offence if, by reason of that conviction, the person is
considered by the responsible authorities to be a person who
may cause serious harm to the public at large…
In Guidance
and is either subject to a Community Payback Order with a
specific supervision requirement, or required on release from
custody to be under supervision by any enactment, order or
licence.
33
In Legislation
Section 10(1)(e) any person who has been convicted of an
offence if, by reason of that conviction, the person is
considered by the responsible authorities to be a person who
may cause serious harm to the public at large…
In Guidance
and is either subject to a Community Payback Order with a
specific supervision requirement, or required on release from
custody to be under supervision by any enactment, order or
licence.
and the risk of serious harm posed is assessed as high or
very high and requires active multi agency management at
MAPPA Level 2 or Level 3
34
What are the advantages and disadvantages of each
criteria in terms of the MAPPA process?
Identify
Notify
Refer
Assess
Manage
Exit
35
In Legislation
Section 10(1)(e) any person who has been convicted of an
offence if, by reason of that conviction, the person is
considered by the responsible authorities to be a person who
may cause serious harm to the public at large…
In Guidance
…and that risk of serious harm is considered to be high or
very and requires active multi agency management at
MAPPA Level 2 or Level 3
Very high: there is an imminent risk of serious harm. The potential
event is more likely than not to happen imminently and the impact
would be serious
High: there are identifiable indicators of risk of serious harm. The
potential event could happen at any time and the impact would be
serious
36
In Legislation
Section 10(1)(e) any person who has been convicted of an
offence if, by reason of that conviction, the person is
considered by the responsible authorities to be a person who
may cause serious harm to the public at large…
In Guidance
and is either subject to a Community Payback Order with a
specific supervision requirement, or required on release from
custody to be under supervision by any enactment, order or
licence.
37
In Legislation
Section 10(1)(e) any person who has been convicted of an
offence if, by reason of that conviction, the person is
considered by the responsible authorities to be a person who
may cause serious harm to the public at large…
In Guidance
and is either subject to a Community Payback Order with a
specific supervision requirement, or required on release from
custody to be under supervision by any enactment, order or
licence.
and the risk of serious harm posed is assessed as high or
very high and requires active multi agency management at
MAPPA Level 2 or Level 3
38
40
Child Protection
Adult Protection
Significant Case Review
MAPPA
Care Inspectorate – Serious
Incident Reports
Critical Incident Reviews Health
27 ICR reports in 2013/14 –
22 Level 1 – medium/low risk
20 police lead responsible authority
Alcohol abuse or use a factor in 13 cases
Chaotic lifestyle/ non-compliance noted in 7 cases
3 cases progressed to SCR – (All cases hit the criteria for an
SCR)
42
In 14 cases the new offence was Rape
• 3 were murder
• 7 were contact offences
• 1 was internet related
• 2 the offender was murdered
43
Main issues of the current process
Governance arrangements
Time from commission to publication
Resourcing of a review
Training of reviewers
Under-reporting
44
Multi Agency Public Protection
Arrangements
(MAPPA)
in Scotland
45