MAPPA Annual Report 2022

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, violent and other risk of serious harm 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 restricted patients 

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), the Social Security Scotland Agency (SSSA) 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 a restricted patient.

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 & Clyde and the Scottish Prison Service.

Who is subject to MAPPA?

There are different categories of offenders who are subject to MAPPA (as per National MAPPA Guidance 2022):

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).

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 2 – Not used in Scotland

Category 3 - Other Risk of Serious Harm Offenders 

Offenders not required to comply with the SONR or a restricted patient who have been convicted of an offence and if, by reason of that conviction, are considered by the Responsible Authorities to be persons who may pose a risk of serious harm to the public at large.