7.2 Multi-Agency Public Protection Arrangements (MAPPA)

1. Introduction

The Criminal Justice Act 2003 provides for the establishment of Multi-Agency Public Protection Arrangements (MAPPA) in each of the 42 criminal justice areas in England and Wales. These are designed to protect the public, including previous victims of crime, from serious harm by sexual and violent offenders. They require the local criminal justice agencies and other bodies dealing with offenders to work together in partnership in dealing with these offenders.

The Responsible Authority is the primary agency for MAPPA. This is the Police, Prison and Probation Service in each area, working together. The Responsible Authority has a duty to ensure that the risks posed by specified sexual and violent offenders are assessed and managed appropriately.

Other bodies have a duty to co-operate with the Responsible Authority in this task. These ‘duty to co-operate agencies’ (DTC agencies) will need to work with the Responsible Authority on particular aspects of an offender’s life (e.g. education, employment, housing, social care).  DTC agencies include Children Social Care, Adult Social Care, Youth Offending Team, Housing Departments and Mental Health Teams amongst others.

In accordance with the National MAPPA Guidance, each MAPPA is required to:

• assess and manage all MAPPA offenders;
• monitor and review the effectiveness of the arrangements and make any necessary or expedient changes;
• publish an Annual Report detailing the arrangements.

2. Identification and Notification of MAPPA Offenders

Every MAPPA offender is identified in one of the four MAPPA categories:

• Category 1: Registered Sexual Offenders;
• Category 2: Violent or other sexual offenders who have received a sentence of 12 months imprisonment or more and sex offenders who fall outside the terms of registration. Category 2 also includes offenders who received a “Hospital Order” under Section 37 of the Mental Health Act;
• Category 3: Other dangerous offenders who have a previous conviction which shows they can cause serious harm AND who the Responsible Authority consider is currently capable of causing serious harm to the public;
• Category 4: Terrorist or terrorist risk offender.

For further information see Statutory Guidance:  Multi Agency Public Protection Arrangements (MAPPA) (Ministry of Justice) 

3. Termination of MAPPA Offender Status

The legislation does not provide for an ‘end’ to an offender’s MAPPA status. However, it is not practice to subject offenders to MAPPA indefinitely. Offenders will cease to be MAPPA managed offenders in the following circumstances:

• Category 1 – when the period of notification expires. In the most serious cases, offenders will be subject to lifetime notification requirements.
• Category 2 – when the licence expires, the offender is absolutely discharged from the hospital or guardianship order or when the Community Treatment Order expires. An offender on licence for a consecutive or concurrent sentence will remain subject to MAPPA until the whole sentence has expired. An offender does not remain automatically subject to MAPPA as a result of Post Sentence Supervision.
• Category 3 – when a Level 2 or 3 MAPPA meeting decides that the risk of harm has reduced sufficiently, or the case no longer requires active multi-agency management.
• Category 4 – for offenders subject to notification requirements, when the period of registration expires; for offenders at risk of involvement in terrorism related activity, when they no longer require multi-agency management; for other Category 4 offenders, when the licence expires, the offender is absolutely discharged from the hospital or guardianship order or when the Community Treatment Order expires. An offender on licence for a consecutive or concurrent sentence will remain subject to MAPPA until the whole sentence has expired. An offender does not remain automatically subject to MAPPA as a result of Post Sentence Supervision.

All Category 1, 2 and 4 offenders managed at Level 2 or 3 who are coming to the end of their notification requirements or period of licence must be reviewed and considered for registration as a Category 3 or discretionary Category 4 offender. Registration as a Category 3 or discretionary Category 4 offender should only occur if they meet the criteria and continue to require active multi-agency management.

4. Risk Management

There are three levels under which all MAPPA offenders, depending on their current risk levels, are managed. Should an offender’s risk level increase or decrease, then the management level can be amended accordingly.

Level 1: Multi Agency Support

Level 1 management is where the risks posed by the offender are manageable by the lead agency in co-operation with other agencies but without the need for formal multi agency meetings.  Responsible Authority and Duty to Co-operate agencies have a statutory obligation to engage with MAPPA at all levels, including Level 1, and will be involved in the management of the offender as necessary.  Offenders will only be managed at Level 1 where the lead agency is confident that their Risk Management Plan (RMP) is sufficiently robust to manage the identified risks, the circumstances of the case do not require the formal multi agency oversight offered by level 2 or 3 meetings and there are no barriers to the implementation of agreed multi-agency actions.

This level can only be used for Category 1 and 2 offenders (RSOs and violent offenders), because by definition, Category 3 offenders pose a serious risk of harm to the public and would therefore require active inter-agency management.

Level 2: Multi Agency Management

MAPPA Level 2 management and oversight is where:

• formal multi-agency meetings would add value to the lead agency’s management of the risk of serious harm posed; and where one or more, of the following applies:
  • the offender is assessed as posing a high or very high risk of serious harm;
  • exceptionally, the risk level is lower but the case requires the active involvement and co-ordination of interventions from other agencies to manage the presenting risks of serious harm;
  • the case requires oversight at a more senior level;
  • the case has been previously managed at Level 3 but no longer requires Level 3 management.

A referral at this level must be based upon information that demonstrates that the offender poses a high to very high risk of serious harm to others and that the delivery of an effective risk management plan requires the active collaboration of a number of agencies.

Cases are reviewed and a risk management plan is agreed at MAPP Level 2 meetings, which are held monthly. There are 5 meetings across Sussex, two in East Sussex, two in West Sussex and one in Brighton and Hove.

Level 3: Enhanced Multi Agency Management

Level 3 management is for cases that meet at least one of the following criteria:

• meet the criteria for Level 2 and require senior representation and oversight by the Responsible Authority and Duty-to-Co-operate agencies to commit significant resources at short notice;
• meet the criteria for Level 2 and require senior representation and oversight in order to maintain public confidence in the criminal justice system. This may be due to high levels of current national media scrutiny or public interest in the management of the case as a result of the nature of the offence or the identity of the offender or victim;
• have a national security dimension and require senior oversight by Counter-Terrorism Police (CTP) or the Probation Service National Security Division (NSD).  Cases will be identified in line with lead agency case allocation polices relating to CTP and NSD.  Discretionary Category 4 offenders, like Category 3 offenders, must be managed at Level 2 or 3;
• involve high risk offenders involved in serious organised crime.

Formal multi-agency MAPPA panels meetings are held monthly (as with those offenders managed under MAPPA Level 2 arrangements), although the seniority of chairing is higher at MAPPA Level 3 panel meetings.

A referral to this level must be based upon information that demonstrates that the offender poses a high to very high risk of serious harm to others and that the risks posed can only be managed by a plan which requires the close co-operation at a senior level due to the complexity of the case and/or because of the unusual resource commitments. This Level of management can be used where there is a high degree of media interest in the case.

Cases are reviewed at Multi Agency Public Protection Meetings (MAPPPs), which are held monthly in East and West Sussex and Brighton and Hove.