ANNEX 3 GLOSSARY OF TERMS
Absconded (regarding RPs) - abscond is defined as an occasion when a restricted patient is absent without authority.
Care Programme Approach ( CPA) - a process for organising the multi-disciplinary care and treatment of patients with mental health problems. Regular review meetings are held where needs are identified and plans put in place to meet these needs. Risk assessment and risk management are an integral part of this process. .
CJSW: Criminal Justice Social Work.
Community Service Order - up to 300 hours unpaid work to be conducted within a set timescale. Commission of further offence is an automatic breach of order and if breach established at Court, the offender is remitted back to court for sentence for 'new' offence and previous offence.
Combination Order: Probation and Community Service. Commission of further offence is an automatic breach of order and if breach established at Court, the offender is remitted back to court for sentence for 'new' offence and previous offence.
Compulsion Order ( CO) - a disposal made by a criminal court where a person has been convicted of an offence or acquitted on account of insanity or found insane in bar of trial. The patient may be detained in hospital (which would usually be the case initially) or subject to compulsory treatment in the community. A compulsion order operates in a similar way to a CTO.
Compulsory Treatment Order ( CTO) - a civil order under the Mental Health (Care and Treatment) (Scotland) Act 2003 which allows for the compulsory treatment of a person with mental disorder either in hospital or the community.
Conditional Discharge (regarding RPs) - the Tribunal is empowered to order CD when a restricted patient no longer requires to be detained in hospital. The Tribunal may impose such conditions as it sees fit. The patient is subject to recall to hospital by Scottish Ministers in the event of a deterioration in the patient's mental disorder and/or breach of conditions.
CORO - where there is an ongoing risk of serious harm the court may make a restriction order in addition to a Compulsion Order. A patient on a CORO can only be transferred to another hospital or given periods of time outside hospital with the permission of the Scottish Ministers. Where a patient is subject to a CORO they can only be discharged to the community by a Mental Health Tribunal. Usually strict conditions will be placed on a patient on CORO in the community and the Scottish Government closely monitors the management of these patients. While a patient is on a CORO, either in hospital or conditionally discharged to the community, they are a restricted patient.
Custodial Sentence - Short Term Prisoner: custodial sentence less than 4 years imprisonment. Long Term Prisoner: custodial sentence over 4 years.
Drug Treatment and Testing Order ( DTTO) - A court order aimed at assisting offenders to reduce drug use and related offending. An offender must agree to treatment and submit to frequent and random drug tests, attend court for monthly reviews and be supervised by a DTTO Team.
Escorted Leave (regarding RPs) - a period of suspension of detention from the hospital accompanied by a nurse escort and following consent from Scottish Ministers.
Extended Sentence Order ( ESO) - statutory order imposed by Court at time of sentencing - may be imposed on short or long term sentence, i.e. in 2000 sentenced to 9 years imprisonment + 5 years ESO - will be released from custody in 2006 but will be subject to supervision until 2014.
Foreign Travel Orders ( FTO) - 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 Deputy or Assistant Chief Constable of the relevant Police Force. 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. This procedure will only be advance as a last resort and will be completed in consultation with partner agencies. There are various other forms of disclosure discussed in the body of this document.
HD - Hospital Direction. A disposal which may be made by a criminal court where a mentally disordered offender is convicted on indictment ( i.e. a serious offence has been committed). The patient is detained in hospital and a prison sentence is imposed which runs in parallel. If the patient no longer requires treatment in hospital then they can go to prison to serve the rest of their sentence. If they remain in hospital at the end of the prison sentence then they must be released or if they need to be detained in hospital, then an application is made for a CTO. While a patient is on a HD they are a restricted patient.
ICM - Integrated Case Management. ICM is predicated on a case conference model. This approach brings together the prisoner, their family (where appropriate) and other key staff to examine the prisoner's progress through custody. The case conference will consider the actions/interventions that are necessary to help make the prisoner's stay in custody successful. The case conference will also examine the assessed risks the prisoner poses and help decide on appropriate interventions aimed at reducing those risks. This particular approach should prove useful in (a) keeping the prisoner at the centre of the ICM process, (b) maintaining a focus on issues which are external to the prison as well as internal, (c) the sharing of relevant information across agencies and (d) assessing and managing risk.
Legally insane - a small number of mentally disordered offenders are found unfit to plead (also known as insanity in bar of trial) or are acquitted due to insanity at the time they committed an offence. Legally such individuals are regarded as insane, even though this is not a term used by mental health professionals. In these cases courts may make a mental health disposal and in most cases individuals are detained in hospital.
Life Licence - those who have received a mandatory life licence ( e.g. murder); those who receive a discretionary life licence - imposed in respect of repeat offenders.
Missing - a Sex Offender should be considered as Missing in the following circumstances; Where the current whereabouts of an offender is unknown and Police enquiries to establish their whereabouts have been unsuccessful. As a result of these actions 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.
Non Parole Licence - all long term prisoners, excluding life sentence prisoners, are automatically released on Non Parole Licence when they have served 2/3 of custodial sentence.
Notifiable Offence - if someone is convicted of a sex offence they become known as a notifiable sex offender. They must provide or 'notify' the police with certain information about themselves at agreed points in time and for an agreed number of years (in some cases for life). This is what is commonly referred to as being on the Sex Offender Register. http://www.opsi.gov.uk/acts/acts2003/ukpga_20030042_en_6#pt2-pb1
Notification Order ( NO) - require 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.
Order For Lifelong Restriction ( OLR) - where the High Court considers that the risk criteria are met, a Risk Assessment Order ( RAO) may be made after conviction and the resultant risk assessment report will inform the Court's judgement on whether an OLR should be imposed.
Parole Licence - offenders can apply for parole when they have served half of their custodial sentence. Parole Board for Scotland consider application for early release which includes reports from community social worker, prison based social worker, Personal Officer ( SPS), etc.
Probation Order - 6 months to 3 years with conditions attached, i.e. address sexually offending behaviour within the community. Commission of further offence is an automatic breach of order and if breach established at Court, the offender is remitted back to court for sentence for 'new' offence and previous offence.
Restricted Patient ( RP) - This is an offender defined under the Management of Offenders etc (Scotland) Act 2005 Section 10, (11 (a) to (d)). http://www.opsi.gov.uk/legislation/scotland/acts2005/asp_20050014_en_1#pb3-l1g10
Registered Sex Offender ( RSO) - This is an offender convicted of an offence specified in the Sexual Offences Act 2003 and therefore subject to the notification requirements of this act. http://www.opsi.gov.uk/Acts/acts2003/ukpga_20030042_en_1
Restriction of Liberty Order ( RLO) - A court order requiring an offender to remain within their home at times specified by the court. Compliance is monitored electronically by the person wearing a 'Personal Identification Device' ( PID) or 'tag'.
Risk of Sexual Harm Order ( RSHO) - place restrictions 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.
Serious Sexual/Violent Offence -
As per the Scottish Government Crime and Statistics Bulletin: Crime and Justice Series.http://www.scotland.gov.uk/Resource/Doc/239682/0066121.pdf
This includes - Crimes of Sexual Harm or Non-Sexual Crimes of violence.
Non-Sexual Crimes Of Violence - Includes murder and culpable homicide (including the statutory crime of causing death by dangerous driving or causing death by careless driving while under the influence of drink or drugs). NB an assault is classified as serious if the victim sustained an injury resulting in detention in hospital as an in-patient or any of the following injuries whether or not he was detained in hospital: fractures, internal injuries, severe concussion, loss of consciousness, lacerations requiring sutures which may lead to impairment or disfigurement or any other injury which may lead to impairment or disfigurement. Robbery - includes offences involving intent to rob. Also includes threats and extortion and cruel and unnatural treatment of children.
Crimes of Indecency:- Rape & Attempted Rape (comprises rape and assault with intent to rape.) Indecent Assault, Lewd and indecent behaviour (Previously titled "Lewd and libidinous practices") and comprises lewd and libidinous practices against children and indecent exposure. Other - includes offences connected with prostitution. For the purpose of this report will also include any Scottish Offence listed within Schedule 3 of the Sexual Offences Act 2003 Part 2 - http://www.opsi.gov.uk/Acts/acts2003/ukpga_20030042_en_12
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 will require the subject to register as a sexual offender and can include conditions, for example to prevent the offender loitering near schools or playgrounds. If the offender fails to comply with ( i.e. breaches) the requirements of the order, he can be taken back to court and may be liable to up to 5 years' imprisonment.
Short Term Sex Offender Licence - all sexual offenders sentenced to 6 months or more but less than 4 years will be released on such a licence. Release will occur after completion of half the sentence subject to licence conditions for the duration of the sentence.
Standard Licence Conditions - Standard Licence Conditions apply to all 'licences' whether on extended sentence, life, discretionary, parole or non parole cases. In addition to standard conditions, the Parole Board can consider additional conditions on submissions made by CJSW.
Statutory Supervision - includes Life Licence, Parole Licence, Non Parole Licence, Extended Sentence Order, Order For Lifelong Restriction, Short term Sex Offender Licence, Probation Order, Community Service Order. All of which are defined.
Suspension of Detention (regarding RPs) - a period of leave either escorted or unescorted following consent of Scottish Ministers.
TTD - Transfer for Treatment Direction. A procedure under the Mental Health (Care and Treatment) (Scotland) Act 2003 Act which allows a sentenced prisoner with a mental disorder to be transferred to a psychiatric hospital for treatment. If the patient no longer requires treatment in hospital then they can go back to prison to serve the rest of their sentence. If they remain in hospital at the end of the prison sentence then they must be released or if they need to be detained in hospital, then an application is made for a CTO. While a patient is on a TTD they are a restricted patient.
Unescorted (Leave) (regarding RPs) - a period of suspension of detention from hospital under specified conditions as part of gradual rehabilitation programme and only following MAPPA consideration and Scottish Ministers' consent.
ViSOR - Violent and Sex Offenders Register. ViSOR provides a central database, accessible across the UK, of violent and sexual offenders managed within the Multi-Agency Public Protection Arrangements ( MAPPA). It also contains details of other persons who may not have a conviction for a violent or sexual offence, or indeed any criminal offence, but are assessed as posing a risk of serious harm to the public.
Wanted - An RSO should be considered as wanted in the following circumstances; 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.