Criminal Justice & Courts Services Act 2000 (sections 67 & 68) – impact on the Metropolitan Police Service

Report: 10
Date: 24 January 2002
By: Commissioner

Summary

On 10 May 2001 the Authority received a report highlighting the impact of the provisions of Sections 67 & 68 of the Criminal Justice and Courts Services Act (CJCSA) 2000 on the Metropolitan Police Service (MPS). This report provides the MPA with an update of the position within the MPS and elsewhere in relation to the implications of this legislation.

A. Recommendations

1. Members are asked to note the contents of this report;
2. Members are invited to view the first Annual Report which will be presented to the Home Office in May 2002.

B. Supporting information

1. Overview

In April 2001 Sections 67 & 68 CJCSA 2000 placed a statutory duty on police and probation services to manage the risk posed by sexual, violent and potentially dangerous offenders (SVPDOs). This broadened the police role, who had previously been dealing with sex offenders required to register under the Sex Offenders Act 1997, whereas the probation service had largely dealt with the risks posed by violent offenders released into the community or on their Public Protection Register (PPR).

2. MPS response

Multi-Agency Public Protection Panels (MAPPPs) and Police Public Protection Units (PPUs) now exist in all Boroughs. There are different levels of commitment from other agencies across boroughs and MAPPPs do not, as yet, all operate in a standard fashion. The aim is that MAPPPs should only deal with the "critical few" high risk offenders (i.e. high risk of causing serious harm as opposed to merely high risk of re-offending). In doing so, robust action and management plans are developed to endeavour to rehabilitate, support and prevent the offender from re-offending. It is generally recognised that agencies will unfortunately be unable to prevent re-offending but the MPS must be seen to be making "defensible decisions" which will stand up to scrutiny.

3. Home Office Dangerous Offenders Unit (DOU)

The DOU (part of the National Probation Directorate) has now accepted responsibility for policy development nationally in this area. DCI Tim Bryan (MPS) is currently seconded to this unit together with a Probation Service counterpart. The MPS Crime Policy Unit maintains close contact with the DOU. In October and November the DOU held ten regional seminars which the MPS Crime Policy Unit and Consultancy Group helped to design. The first was held in London in October. The regional findings will be presented to police and probation and will not only assist the DOU in the development of policy but will also give police and probation the opportunity to recognise best practice and share ideas. For example, many areas have introduced/are introducing co-ordinators to oversee and support the work of the MAPPPs.

4. Strategic management arrangements

The MPS is currently considering how best to fulfil its statutory duty to monitor, review and change where necessary local operating procedures. A London wide Strategic Management Group (SMG) has been formed and have met on three occasions, originally co-chaired but, primarily for administrative reasons, now solely chaired by the London Probation Service. The group still seeks to formalise its terms of reference but the general perception of its role is to ensure commitment from a variety of agencies to develop and improve the multi-agency response to dealing with these types of offenders. Current membership consists of senior representatives from Police, Probation, Social Services, Health, Mental Health, Youth Justice Board, Prison Service, VSS, Voluntary Housing Associations and DOU. One option being considered is to establish a small, Central Co-ordination and Support Unit to oversee and develop the operations of the 32 MAPPPs and to assist the SMG in its monitoring and reviewing function. The London Probation Service will be appointing a full time policy lead, to parallel the single MPS policy officer and consideration will be given as to whether/how the envisaged unit could operate on a joint basis. There are potential resource implications for such a Unit.

5. Annual report

For the first time there is a requirement to produce an annual report and statistics to inform and reassure the public about the work taking place for their protection. The DPOU are co-ordinating these nationally and will be producing guidelines to ensure that these reports look the same. It is expected that information will be collated and the report forwarded to the Home Office by 1 May 2002: the report will be presented to Ministers and released to the public by 1 June 2002. There will be one report for London containing information and statistics from the boroughs. To ensure that boroughs will be in a position to provide the minimum information that is required for the report, DAC Howlett the MPS lead wrote to the BOCU Commanders in the summer seeking some information required for the annual report. This was reinforced in August by a Home Office questionnaire, circulated nationally, seeking more detailed information. Responses were submitted in November and it has become apparent that not all forces/boroughs maintained the wider data sought by the Home Office and it may not be possible to provide accurate data in answer to every question. Therefore, the Home Office will not be seeking the more detailed statistics for this annual report. However, it is anticipated that there will be a future requirement, in order to demonstrate to what degree the joint arrangements are effective. Therefore, boroughs have designed ways of capturing this data and a standard system is being looked at. This may have future resourcing implications.

6. National sex and violent offenders database

In order to assist Forces to overcome some of the difficulties referred to above, PITO commenced a project in the summer to deliver by October 2002 a national database and case management system. This is based on a basic system used in Lancashire and is eagerly anticipated. At this stage there appears to be minimal cost implications to the MPS, the system being housed in the Criminal Justice Extranet currently under development. The system could be invaluable in the case of mobile offenders and in the investigation of crime.

7. Legislation

The Sex Offenders Act 1996 was amended in June empowering police to take fingerprints and photographs of sex offenders who are now required to register in person at prescribed police stations within three days of conviction for a relevant offence. Additionally these offenders are required to inform police when they are travelling abroad for more than eight days. The review of the Sex Offenders Act 1997 continues.

8. The MAPPPs project

The management of these offenders is not per se a priority for next year's Policing Plan. However, this work supports the policing priorities of "improving the police response to vulnerable victims of child abuse, domestic violence, rape and homophobia by prevention and pro activity" and "safer streets for Londoners". A Performance Needs Analysis is being conducted which will result in a training needs of officers at different levels being addressed by various means. It is intended to produce a Manual of Guidance for the management of these offenders incorporating Standard Operating Procedures (SOPs). The project has been divided into seven strands; each strand leader will be reporting their recommendations for policy approval for the following year.

9. HMIC inspection

In December 2001 HMIC Probation and Social Services Inspectorate will be conducting a multi-agency inspection of safeguards for children in a number of force areas. Hammersmith and Fulham and Harrow will be inspected. The Inspection will incorporate the arrangements under the CJCSA. DAC Howlett is co-ordinating the MPS response.

10. Housing of sex offenders

Attempts to place a probation hostel in Balham have met with considerable public concern and resistance. Similar difficulties are being experienced in attempts to relocate the Wolvercote Clinic (residential sex offender treatment establishment) from Epsom (formerly MPS) to another location in Surrey. This is clearly a sensitive issue, which is likely to resurface. It is hoped that the production of Annual Reports and the move towards more public awareness, without the routine disclosure of the identity or location of sex offenders, will better inform the public of the need for police to be aware of the location of these offenders and for treatment and housing in appropriate cases.

11. Co-located working

A pilot is being operated in Wandsworth whereby a joint police and probation Public Protection Unit operates from probation offices in Balham. The major issue is about provision of relevant technology for the police officers in that environment and management support. Other boroughs are developing closer working practices between police and probation e.g. by the attendance of probation staff at police stations for a number of days a week.

12. Research publications

Police Research Series Papers 139 and 140 were published in July 2001 and deal with a review of the work of MAPPPs nationally and of risk assessment tools. The conclusions and recommendations of these are under consideration by the MAPPPs Project. For those Members with a particular interest these publications can be found on the Home Office website.

C. Financial implications

Many Boroughs have increased their staffing levels in Public Protection Units, within overall MPS budgeted levels, reflecting the need to manage ever increasing numbers of sex offenders, which will only be exacerbated by the anticipated expansion envisaged in the review of the Sex Offenders Act. The implications of being required to more closely manage violent offenders in addition to sex offenders are only now beginning to materialise and be fully understood.

Much of this management falls to the Probation Service , whilst the Police Service is required to contribute to the effective assessment and management of dangerous offenders particularly through sharing information. If the proposals in the White Paper concerning the reform of the Mental Health Act are followed through there will be (helpfully) an increase in the disclosure of information about mentally ill and Dangerous/Severe Personality Disorder (DSPD) offenders. Therefore this is a growth area, although as the government has not indicated that new grant monies will be available, any additional MPS resources will have to be found by diverting resources from within existing budgets. The MPS is currently undertaking a comparison of current staffing levels compared to case load and will engage with other Forces/ACPO in an effort to establish a minimum model for a Public Protection Unit. There is potential for these to be joint working units in the future. Currently the MPS engages 74 staff in the ranks of Constable and Sergeant in full time dedicated posts, 27 part-time and seven in a multi-functional capacity (totalling 108). Borough DCIs/DIs commit a degree of their time to the management of these offenders and to the chairing of MAPPPs.

D. Background papers

• Police Research Series Papers 139 & 140
• Initial Guidance
• Home Office Questionnaire - August 2001
• HMIC Letter to the Commissioner - 5 September 2001
• Report to the MPA - 10 May 2001.

E. Contact details

Report authors: DS Keith GILES, Crime Policy Unit, MPS.

For information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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