1. Introduction
The Management of Offenders etc (Scotland) 2005 introduced a statutory function for Responsible Authorities - Local Authorities, Scottish Prison Service, Police and Health Service - to establish joint arrangements for the assessment and management of the risks posed by certain offenders who pose a risk of harm to the public. These arrangements have now been in place for two years. The Responsible Authorities are required to keep the arrangements under continuous review and to publish an annual report of which this is the second. The publication of this Annual Report offers an opportunity for MAPPA to be accountable to the local community for the management of certain offenders whilst also informing the community as to what actions are being taken to continually refine and improve our practices and procedures, and, ultimately, the effectiveness of MAPPA in South West Scotland Community Justice Authority ( CJA) area. Consequently this report contains not only statistical information about the numbers of offenders managed within MAPPA, but also provides some illustration of how the arrangements work in practice.
The fundamental and overarching purpose of MAPPA is public safety and the reduction of serious harm within our communities. In Scotland the implementation of MAPPA has been phased. The current arrangements were extended on 30 April 2008 to include Restricted Patients, in addition to Registered Sex Offenders.
The term Registered Sex Offenders refers to those individuals who are subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (As defined within Section 10 of the Management of Offenders etc (Scotland) act 2005 1.
The term 'Restricted Patients' refers to those persons defined within Section 10, 11 (a)-(d) of the Management of Offenders etc (Scotland) Act 2005 2 includes :
(a) Persons subject both -
(i) To an order under paragraph (a) (order for detention in specified hospital where accused found to be insane) of section 57(2) of the Criminal Procedure (Scotland) Act 1995; and
(ii) To an order under paragraph (b) (special restrictions) of that section.
(b) Those subject both -
(i) To a compulsion order under section 57A of that Act (order for detention in specified hospital etc.); and
(ii) To a restriction order under section 59 of that Act (provision for restrictions on discharge).
(c) Those subject to a hospital direction under section 59A of that Act (direction authorising removal to and detention in specified hospital); or
(d) Those subject to a transfer for treatment direction under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (transfer of prisoners for treatment for mental disorder).
(Refer to Appendix 1: Glossary of terms for further information on types of orders specified above)
Work within Scottish Government is underway to agree the operational detail of extending the arrangements to violent offenders but for the purpose of this report the focus will be on registered sex offenders and restricted patients.
Sexual and violent offences cause considerable anxiety and although reconviction rates are very low the public is understandably concerned about such offenders and the risk they may present. Managing the risks posed by sexual offenders and restricted patients within the community is a complex task cutting across the organisational boundaries of local authorities, police, prisons, housing, health and other services. The multi-agency public protection arrangements exist to ensure that protection of the public is paramount, and thus a priority objective for all agencies with a duty or responsibility to protect the public from harm. Co-ordinated information sharing, risk assessment and risk management planning informs the work that such agencies undertake with offenders and ensures that the needs of the victims are central at all times to how agencies work together to manage offenders. It is never possible to eliminate risk entirely, but through collaborative working and effective communication, risks can be more effectively managed.
It is recognised that one of the most important partners in public protection are members of the public and it is vital that they are aware of their responsibility to protect vulnerable members of the community and have confidence to report any concerns they may have. Although risk can never be eradicated, the authorities are continually strengthening their co-operative arrangements and are agreed in their commitment to improving public information. It is hoped that this second annual report will build on its predecessor in an attempt to inform our communities of how arrangements for the assessment and management of risks posed by restricted patients and registered sex offenders are operating within South West Scotland CJA area.