MAPPA Annual Report 2023

MAPPA stands for Multi-Agency Public Protection Arrangements – a set of arrangements established by Police, local authorities, the National Health Service and Health Boards and the Scottish Prison Service (SPS) (known as responsible authorities) to assess and manage the risk posed by sexual and violent offenders. 

The principles that govern MAPPA are simple:

• Identify those who may pose a risk of harm
• Share relevant information about them
• Assess the nature and extent of that risk
• Find ways to effectively manage the risk, using available resources most efficiently, to protect the public and reduce further harm

Statutory basis

Sections 10 and 11 of the Management of Offenders etc. (Scotland) Act 2005 (the Act) provide the statutory basis for the operation of MAPPA. MAPPA in itself is not a statutory development but a means of the SPS, local authorities and Police to “jointly establish arrangements for the assessment and the management of risks posed by certain categories of offenders”. The above agencies are considered “responsible authorities” and have specific responsibilities under the legislation. In addition, the Health Board(s) are also considered to be a responsible authority in relation to mentally disordered offenders. 

In terms of the local authority, although most action will be taken by Social Work Resources, primarily Justice Services, it is the authority as a whole that holds the responsibilities and therefore there is an expectation that different local authority functions will work together to meet the corporate responsibility. 

Therefore, although the responsibility for the joint arrangements within a local authority lies primarily with the Chief Social Work Officer, other local authority services such as education and housing also have key responsibilities in relation to this function.

The Police Service of Scotland is responsible for the operation of the Sex Offender Notification Requirements (SONR). They will normally be the responsible authority for those registered sex offenders (RSO’s) who are not subject to statutory supervision by the local authority. In cases where the statutory supervision ends, but the RSO is still subject to SONR, the police will become the lead responsible authority.

The Scottish Prison Service is the responsible authority for relevant offenders whilst they are in custody and during periods of home leave.

Health boards are a responsible authority in relation to the assessment and management of mentally disordered offenders and restricted patients who meet the criteria in section 10(1) of the 2005 Act.

Furthermore, Sections 10(3) and (4) of the Act stipulates that in establishing and implementing the joint arrangements, the responsible authorities must act co-operatively with the duty to co-operate agencies, who will be specified by the Scottish Parliament. Co-operation specifically includes the duty to share information.

A variety of agencies have been identified as having a duty to co-operate, including registered social landlords, G4S (the company responsible for electronic monitoring) and the Scottish Children’s Reporter Administration (SCRA). The Health Board is also considered a duty to co-operate agency in circumstances where the offender is not mentally disordered.

Strategic Oversight

The Lanarkshire MAPPA Strategic Oversight Group (SOG) meets regularly and monitors and reviews how the MAPPA arrangements are working in this area. Chaired by the Head of Children and Justice Services, Social Work Resources, or equivalent from partner organisations, permanent members include senior representatives of South Lanarkshire Council, North Lanarkshire Council, Police Scotland, NHS Lanarkshire, NHS Greater Glasgow and Clyde and the Scottish Prison Service. 

Who is subject to MAPPA?

There are different categories of offenders who are subject to MAPPA:

Category 1 - Registered Sex Offenders (RSOs)

Offenders convicted of an offence listed in Schedule 3 to the Sexual Offences Act 2003 and required to comply with the sex offender notification requirements (SONR) set out in Part 2 of the 2003 Act. Also, those made subject to a Sexual Offences Prevention Order (SOPO) or are convicted of a breach of a Risk of Sexual Harm Order (RSHO).

Note: The Sexual Offences Prevention Order (SOPO) and a Risk of Serious Harm Order (RSHO) will be replaced by Sexual Harm Prevention Orders (SHPOs), and Sexual Risk Orders (SROs) respectively with effect from 31 March 2023 under sections 10 to 40 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.

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.

Category 3 - Other Risk of Serious Harm Offenders 

Offenders not required to comply with the 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; 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. This category may include terrorist or terrorism-risk offenders.

How does it work?

MAPPA is a tiered framework, based on three interconnected levels at which risk of harm is assessed and managed. Resources are focused upon the cases where they are most needed, generally those presenting the highest risk of serious harm. The levels are:

Level 1: routine risk management – this level of risk management is used in cases where the risks posed by the offender can be managed by one agency without actively or significantly involving other agencies.

Level 2: multi-agency risk management – where the active involvement of multiple agencies is required to manage and reduce the risk of serious harm posed, but where either the level of risk or the complexity of managing the risk is not so great as to require management at Level 3.

Level 3: Multi Agency Public Protection Panels (MAPPP) – for the critical few where the risk presented can only be managed by a plan which requires close co-operation at a senior level. This would normally be due to the complexity of the case and/or because of the unusual resource commitments required. It can also be where there are high levels of media scrutiny and/or public interest in the management of the case.

Co-ordination is a crucial element of the MAPPA and ensures that the relevant functions of the framework operate effectively. When an offender is placed on the SONR, the MAPPA Co-ordinator receives a MAPPA notification. Where the offender meets the Level 2 or 3 criteria, a referral is also made. Thereafter, the co-ordinator facilitates the responsible authorities in their statutory responsibility to do the following:

• Receive referrals for RSOs, other risk of serious harm offenders and restricted patients who pose a risk of serious harm which needs to be managed at either Level 2 or Level 3;
• Share information relevant to the management of the risk of serious harm with other agencies within MAPPA on the basis that the information will be held securely and used by appropriate personnel within those agencies for public protection purposes only;
• Receive the risk management plans and minutes from all relevant Level 2 and Level 3 meetings, showing clearly the status of each offender, the agencies which are delivering components of the plan and review arrangements;
• Provide a single point of contact for advice on all aspects of MAPPA.