Showing posts with label EN. Show all posts
Showing posts with label EN. Show all posts

Monday, 28 November 2011

Multi-Agency Public Protection Arrangements

Multi-Agency Public Protection Arrangements (MAPPA) is the name given to arrangements in England and Wales for the "responsible authorities" tasked with the management of registered sex offenders, violent and other types of sexual offenders, and offenders who pose a serious risk of harm to the public.[1] The "responsible authorities" of the MAPPA include the National Probation DirectorateHM Prison Service and England and Wales Police Forces. MAPPA is coordinated and supported nationally by the Public Protection Unit within the National Offender Management Service. MAPPA was introduced by theCriminal Justice and Courts Services Act 2000 and was strengthened under the Criminal Justice Act 2003.
Following the Criminal Justice Act 2003, Lay Advisors have been introduced to sit on Strategic Management Boards (SMBs) who have the strategic oversight of MAPPA. These are members of the public who have been selected to help with the development and monitoring of Multi-Agency Public Protection Arrangements and aim to boost public confidence in the arrangements. There should be two Lay Advisers on each SMB in England and Wales, a total of 84 nationally.

Contents

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[edit]Assessment of offenders

The legislation requires a three stage process for managing dangerous offenders. First, these three agencies in conjunction with partner agencies, such as social services and health agencies, need to identify three types of offender living in their area:
  • Category 1: Registered Sex Offenders (RSOs),
  • Category 2: All offenders who have received a custodial sentence of 12 months or more in prison for a sexual or violent offence and whilst they remain under Probation supervision.
  • Category 3: Anyone else who poses a "risk of serious harm to the public" who has received a conviction and whose risk would be better managed in a multi-agency setting.
An offender cannot be in more than one MAPPA Category, and if multiple offences are committed, they will default to the lowest number category. For instance, if an offender committed an attempted murder, but also committed a sexual assault, they would be a Category 1 offender rather than a Category 2 for the duration of their Sex Offender Registration. Following the completion of their registration, if they were still under Probation supervision/licence then they would become a Category 2 offender. If the supervision/licence had expired, then it would be up to the local area MAPPA if they qualify for Category 3 status.
The legislation then requires that the agencies conduct a formal risk assessment of each offender and allocate them to a tier of multi-agency management — known as level one, two or three.
  • Level One represents the normal inter-agency management of the offender in the community by one agency, with some liaison.
  • Level Two means that Multi Agency Public Protection meetings (MAPPs) will be held where the offender's management will be discussed between various parties involved in their case.
  • Level Three is essentially the same as Level Two, except that senior management representatives will be in attendance and greater resources are expected to be used in the management of the offender.
Level Three are sometimes called the "critical few". These are offenders posing the highest possible level of risk to the public and normally necessitates a specific case conference to pool unusual agency resources and ensure a strategically coordinated risk management plan. These might be predatory sex offenders, recidivist arsonists, extremely violent offenders, dangerouslymentally ill offenders, domestic terrorists or people with dangerous personality disorders. At each MAPP meeting agencies have to share often confidential information, and will in many cases adopt a press strategy.

[edit]Risk assessment

Before a management plan is put in place a detailed risk assessment will take place to identify the circumstances and opportunities that are most likely to lead to a further serious offence in this particular offender and the steps that can help reduce this risk. This will study the offender's previous offending history, life circumstances, include psychological assessments (where relevant) and any work in prison that the offender has completed. The Police and the National Probation Service use a risk assessment tool called Risk Matrix 2000 which is assesses the statistical likelihood of re-offending by adult male convicted sex offenders only. The Probation Service use a nationally validated risk assessment tool called OASys which help predict the likelihood and circumstances of future offencing behaviour. For young offenders, the Youth Justice Board uses a system called ASSET which is specifically designed to understand the behaviours of offenders under the age of eighteen.

[edit]Management plan

A management plan is thus highly specific to each offender and their offending history, but might include any of the following:
  • Accommodation at an Approved Premises (AP) where the offender can be monitored.
  • A set of licence conditions such as having contact with children, or going within an exclusion zone in a town/city.
  • A Civil Order such as a Sex Offender Prevention Order (SOPO) to prevent the offender doing certain activities, such as not entering a town where a victim resides, not to have unsupervised contact with children.
  • A duty to report to an Offender Manager every week to undertake offending reduction counseling and work as part of their licence.
  • In some very extreme cases there may be covert monitoring of offenders to protect the public.
  • A disclosure of information to a member of the public for their protection.
The MAPPA system cannot guarantee the protection of the public as such, but can only "manage" the risks through the limited powers of each agency as effectively as possible. This means that all steps that can be legitimately taken by the agencies should be taken. MAPPA decision making is frequently fraught with dilemmas. For example, it is not uncommon for a MAPPA meeting to decide to disclose to a member of the public about an offender's risk to protect that individual or somebody else. However each time that a disclosure is made the Panel loses control of the way that information is used. Some sex offenders have been attacked and killed as a result of public animosity, and others "driven underground" where agencies can't manage them at all.

[edit]Criticism of the MAPPA

Points of criticism of the MAPPA include:
  • Research has highlighted MAPPA arrangements are not uniformly applied and that standards, practice and procedure varies considerably between local areas.[2]
  • Apart from a one-off payment two years ago, there has been no extra funding for police, probation or prisons, or indeed other agencies for dedicated resourcing of MAPPA work.[citation needed]
  • The law on information sharing is complex and confusing, and includes a meshing of human rightsdata protectioncommon law and defamation legislation.[citation needed]
  • Evaluation mechanisms of MAPPA are in most agencies immature and still in process of development. It is therefore hard to know how much these measures are tangibly adding to public protection.[citation needed]
  • The focus has been on level three cases, but level two cases can be extremely dangerous as well, and there has often been little or no evaluation of the management of these cases in reporting mechanisms.[citation needed]
  • Recent research indicates that there is inadequate training and professional support for staff working in Public Protection Arrangements across many parts of the country.[2]

[edit]Similar systems in other countries

[edit]Scotland

MAPPA in Scotland is based on the systems in place in England and Wales, with a few minor differences. The most noticeable of these is that in England and Wales the "responsible authority" is made up of the Probation Service, the Police Service and HM Prison Services; whereas in Scotland they are made up of the Police Service, Social Work Scotland, Scottish Prison Service andNHS Scotland.
The arrangements are much newer than in England and Wales and while they have the policy in place to take Category 2 offenders, they do not yet do so. It is anticipated that Category 2 offenders will not be under Scottish MAPPA until after 2009.[3]
On 31 March 2009, there were a total of 2967 registered sex offenders (RSOs) resident in Scotland’s communities (equating to 57.4 RSO’s per 100,000 of the Scottish population), which whilst generally consistent with the previous year’s figures indicates a slight decrease from 31 March 2008, when the recorded figure was 3131.[4]

[edit]Northern Ireland

The Multi-Agency Sex Offender Risk Assessment and Management (MASRAM) Arrangements were used in Northern Ireland. They were originally launched on 1 September 2001, but not to the same statutory footing as MAPPA in England and Wales. Following an inspection by Criminal Justice Inspection NI and a review of the circumstances around the re-offending by Trevor Hamilton and the death of Attracta Harron, it was announced that the MASRAM arrangements would be placed on a statutory footing and based on the MAPPA in England and Wales with the view to extend MASRAM to also cover what MAPPA calls Category 2 and 3.
Following the Criminal Justice (NI) Order 2008, from October 6, 2008, the MASRAM arrangements were placed on a statutory footing under a new name of the Public Protection Arrangements Northern Ireland (PPANI). PPANI is very similar to the England and Wales MAPPA with the only minor differences being that certain names are different. For instance, for what the England and Wales MAPPA calls a Multi-Agency Public Protection (MAPP) meeting, PPANI calls it a Local Area Public Protection Panel (LAPPP).[5] Unlike MAPPA in Scotland, PPANI also has in place two members of the public as Lay Members on their Senior Management Boards.[6]

Sunday, 27 November 2011

Crown Prosecution Service (CPS)

The Crown Prosecution Service is the Government Department responsible for prosecuting criminal cases investigated by the police in England and Wales.
The Crown Prosecution (检察部门)是个政府部门,該部門負責起诉英格兰和威尔士警察所调查的刑事案件。
As the principal prosecuting authority in England and Wales, we are responsible for:
作为在英格兰和威尔士主要检控机关我们的职责是:
  • advising the police on cases for possible prosecution;
  • 可能起诉案件提供意见给警方;
  • reviewing cases submitted by the police;
  • 审查警方提交案件;
  • determining any charges in all but minor cases;
  • 判决除了轻微犯罪案件之外的所有指控;
  • preparing cases for court;
  • 准备法庭案件;
  • presenting cases at court.
  • 在法庭提出案件

source: 

National Probation Service

The National Probation Service for England and Wales is a statutory Criminal Justice Service, mainly responsible for the supervision of offenders in the community and the provision of reports to the criminal courts to assist them in their sentencing duties. It was established in its current form by the Criminal Justice and Court Services Act in April 2001, but has existed since 1907 as a set of area based services interacting at ever-shortening arms-length with central government. Northern Ireland has its own probation service, whilst in Scotland criminal justice social work services are managed within the social work departments of local authorities.
In its current form, the NPS is part of the National Offender Management Service (NOMS) previously within theHome Office but since 9 May 2007 within the [[Ministry of Justice (United Kingdom) |Ministry of Justice]], and comprises 42 probation areas which are coterminous with police force area boundaries, served by 35 Probation Trusts. Trusts are funded by NOMS and employ all staff except the Chief Officer; they are accountable to their Boards (comprising up to 15 members appointed by the Secretary of State) for day to day operations and financial management, and to NOMS via a Regional Offender Manager, with whom they have service level agreements, for performance against the targets for the offender management and interventions services for which they have been funded.
The work of Probation Trusts is scrutinised by NOMS, which reports independently to UK Government Ministers; and by HM Inspectorate of Probation.
The Service, at the start of 2004, had some 18,000 staff. Statistics for the year 2002 state that it supervised just less than 193,000 offenders and provided 253,000 Pre Sentence Reports to courts in England and Wales, advising them on the background of and proposing appropriate sentences for convicted offenders. In addition, it has responsibility for ensuring that victims of violent and sexual crime resulting in prison sentences of over 12 months are consulted before offenders are released from custody.
The advent of NOMS in 2004 changed the pattern of correctional services delivery in England and Wales. The Offender Management Bill, introduced in Parliament late in 2006, was intended to enable probation areas to become trusts as part of wider Government policy to open up the provision of correctional services to greater competition from the voluntary, community, and private sectors. This was one of the recommendations of the Carter Report (2003): others were to introduce a system of end-to-end offender management, with one named offender manager having responsibility for an offender throughout his or her sentence (be it in custody, the community, or both), and to rebalance sentencing in order to redress the drift towards less and less serious offences resulting in imprisonment or community sentences. Carter saw the need to improve public and sentencer confidence not only in community sentences but also in the fine as credible sanctions for appropriate offenders and offences.
The Bill completed its passage through parliament in July 2007, and the first six probation trusts came into being on 1 April 2008 (Merseyside, South Wales, Humberside, Dyfed/Powys, West Mercia and Leicestershire & Rutland). Lancashire Probation Trustachieved Trust status on 1 April 2009.

History

The Church of England Temperance Society and other voluntary societies appointed missionaries to the London Police Courts during the late nineteenth century. From this developed the system of releasing offenders on the condition that they kept in touch with the missionary and accepted guidance. In 1907 this supervision was given a statutory basis which allowed courts to appoint and employ probation officers.[1]

[edit]Probation Trusts

35 Probation Trusts provide the operational elements of probation in England and Wales. They are:
  • Avon & Somerset Probation Trust
  • Bedfordshire Probation Trust
  • Cambridgeshire & Peterborough Probation Trust
  • Cheshire Probation Trust
  • Cumbria Probation Trust
  • Derbyshire Probation Trust
  • Devon and Cornwall Probation Trust
  • Dorset Probation Trust
  • Durham Tees Valley Probation Trust
  • Essex Probation
  • Gloucestershire Probation Trust
  • Greater Manchester Probation Trust
  • Hampshire Probation Trust
  • Hertfordshire Probation Trust
  • Humberside Probation Trust
  • Kent Probation
  • Lancashire Probation Trust
  • Leicestershire Rutland Probation Trust
  • Lincolnshire Probation Trust
  • London Probation Trust
  • Merseyside Probation Trust
  • Norfolk & Suffolk Probation Trust
  • Nottinghamshire Probation Trust
  • Northamptonshire Probation Trust
  • Northumbria Probation Trust
  • South Yorkshire Probation Trust
  • Staffordshire & West Midlands Probation Trust
  • Surrey & Sussex Probation Trust
  • Thames Valley Probation
  • Wales Probation Trust
  • Warwickshire Probation Trust
  • West Mercia Probation Trust
  • West Yorkshire Probation Trust
  • Wiltshire Probation Trust
  • York & North Yorkshire Probation Trust

source: http://en.wikipedia.org/wiki/National_Probation_Service