Multi-Agency Public Protection Arrangements (MAPPA): national guidance

Annex 8: Glossary of Terms

Adult Protection Committee: Each council area has a statutory duty to establish an APC to bring together local key agencies and others as appropriate, to ensure effective multi-agency working, training and practice with the aim of improving co-operation between each of the public bodies in order to safeguard adults at risk within that council area.

Care Programme Approach: A process for organising the multi-disciplinary care and treatment of patients with mental health problems. Regular review meetings are held where needs are identified and plans put in place to meet these needs. Risk assessment and risk management are an integral part of this process.

Category 3 individual: An individual subject to MAPPA who meets the criteria as detailed in Chapter 9. They are also referred to as Other Risk of Serious Harm individuals.

Chief Officers Group: The collective expression for the Local Police Commander and Chief Executives of the local authority and NHS Board in each local area. Chief Officers are individually and collectively responsible for the leadership, direction and scrutiny of their respective public protection services.

Chief Social Work Officer: A qualified Social Worker, registered with the Scottish Social Services Council who is given particular responsibility on behalf of a local authority where the law requires certain social work functions to be discharged by a specified post holder. They are required to ensure the provision of appropriate professional advice in the discharge of local authorities' statutory social work duties.

Child Protection Committee: The locally-based, inter-agency strategic partnership responsible for child protection policy and practice across the public, private and Third Sectors. Working on behalf of Chief Officers, its role is to provide individual and collective leadership and direction for the management of child protection services in its area.

Child Protection Order: Where it is considered necessary to remove a child from harm or risk of harm, consideration may be given by police to invoke statutory powers under the Children's Hearing (Scotland) Act 2011, to apply for a Child Protection Order or, in an emergency situation, to remove a child to a place of safety.

Community Health Index: A database in wide use throughout NHS Scotland. It contains data on patient demographics and some clinical information on aspects of healthcare screening and surveillance. The CHI number is effectively an NHS number and is used as a patient identifier.

Community Payback Order: A Community Payback Order is an order imposing one or more of the following requirements: (a) an offender supervision requirement; (b) a compensation requirement; (c) an unpaid work or other activity requirement; (d) a programme requirement; (e) a residence requirement; (f) a mental health treatment requirement; (g) a drug treatment requirement; (h) an alcohol treatment requirement; (i) a conduct requirement.

Compulsion Order: A disposal made by a criminal court where a person has been convicted of an offence or acquitted on account of insanity or found insane in bar of trial. The patient may be detained in hospital (which would usually be the case initially) or subject to compulsory treatment in the community. A Compulsion Order operates in a similar way to a Compulsory Treatment Order (CTO).

Compulsion Order and Restriction Order: Where there is an on-going risk of serious harm, the court may make a Restriction Order in addition to a Compulsion Order. A patient subject to a CORO can only be transferred to another hospital or given periods of time outside hospital with the permission of the Scottish Ministers. Where a patient is subject to a CORO they can only be discharged to the community by a Mental Health Tribunal. Usually strict conditions will be placed on a patient subject to a CORO in the community and the Scottish Government closely monitors the management of these patients. While a patient is subject to a CORO, either in hospital or conditionally discharged to the community, they are referred to as a restricted patient.

Compulsory Treatment Order: A civil order imposed under the Mental Health (Care and Treatment) (Scotland) Act 2003 which allows for the compulsory treatment of a person with mental disorder either in hospital or the community.

Conditional Discharge (restricted patient): The Mental Health Tribunal for Scotland is empowered to order Conditional Discharge when a restricted patient no longer requires to be detained in hospital. The Tribunal may impose such conditions as it sees fit. The patient is subject to recall to hospital by Scottish Ministers in the event of a deterioration in the patient's mental disorder and/or breach of conditions.

Criminal History System: The Criminal Records system held by the police in Scotland.

Crown Office and Procurator Fiscal Service: The service responsible for the prosecution of crime and the investigation of sudden or suspicious deaths and complaints against the police.

Data Protection Act 2018: An Act which controls how personal information is used by organisations, businesses and the government. It is the United Kingdom's implementation of the General Data Protection Regulation (GDPR).

Department for Work and Pensions: The department responsible for welfare, pensions and child maintenance policy. As the United Kingdom's biggest public service department it administers the State Pension and a range of working age, disability and ill health benefits.

Disclosure: The sharing of specific information about an individual subject to MAPPA with a third party (not involved in MAPPA) for the purpose of protecting the public. There are various methods of disclosure. Further information can be found in Chapter 13.

Drug Treatment and Testing Order: A court Order aimed at assisting individuals convicted by the courts to reduce drug use and related offending. They must agree to treatment and submit to frequent and random drug tests, attend court for monthly reviews and be supervised by a DTTO Team.

Duty To Co-operate: Persons or bodies in Scotland listed in The Management of Offenders etc. (Scotland) Act 2005 (Specification of Persons) Order 2007. They have a statutory duty to co-operate with the MAPPA Responsible Authorities.

Earliest date of liberation: This relates to individuals serving a determinate custodial sentence of more than 4 years. The Earliest Date of Liberation is the two thirds point of their sentence or 6 months before the expiry of the sentence depending on when they were sentenced at which point the Scottish Ministers are statutorily required to release the individual into the community on licence.

Electronic monitoring: In Scotland electronic Monitoring (EM) is primarily intended to monitor an individual to ensure they adhere to the conditions of an order or licence. Failure to detect a signal from the personal identification device (PID) during curfew period (or detection of a signal in an "away from" location) will result in an alert being transmitted to the monitoring control centre.

Escorted Leave (for a restricted patient): A period of suspension of detention from the hospital accompanied by a nurse escort and following consent from Scottish Ministers.

Extended Sentence: Statutory order imposed by the court at time of sentencing to provide for an additional period of supervision on licence in the community over and above that which would normally have been the case. Example: An individual is sentenced to a 3 years custodial term and a 3 years extension period would be released after serving 18 months in prison (the halfway point of the custodial period) but would be on licence for the balance of the custodial period, i.e. 18 months plus a further 3 years = 4 years and six months in total on licence.

Foreign Travel Order: Civil order imposed by a court on application of the Chief Constable to prevent individuals with convictions for sexual offences against children, from travelling abroad where it is necessary to do so, to protect children from the risk of sexual harm. The individual must surrender their passport to the police.

Getting It Right For Every Child: GIRFEC is Scotland's approach to promoting, supporting and safeguarding the wellbeing of children and young people. It provides a shared framework for all those working with children and young people to provide initial advice and support, to consider wellbeing holistically, and to plan and co-ordinate support across services.

Hospital Direction: A disposal which may be made by a criminal court where a mentally disordered offender is convicted on indictment (i.e. a serious offence has been committed). The patient is detained in hospital and a prison sentence is imposed which runs in parallel. If the patient no longer requires treatment in hospital, they can be transferred to prison to serve the rest of their sentence. If they remain in hospital at the end of the prison sentence then they must be released or if they need to be detained in hospital, an application is made for a Compulsory Treatment Order. While a patient is subject to a HD they are a restricted patient.

Information Sharing Agreement: An agreement between parties sending and receiving data. It sets out the principles, purposes, benefits and risk management procedures which govern the sharing of data between the parties.

Initial Case Review: The second stage of the MAPPA Significant Case Review (SCR) process. Where a MAPPA Strategic Oversight Group Chair has reviewed an Initial Notification Report (INR) received from the lead Responsible Authority (RA) following an incident which resulted in serious harm or death, they may ask the RA to undertake an Initial Case Review if the information in the INR is not sufficient to allow a decision to made on whether to proceed to an SCR.

Integrated Case Management: A management structure used by the Scottish Prison Service (SPS). This approach brings together the prisoner, their family (where appropriate) and other key staff to examine the prisoner's progress through custody. The case conference will consider the actions/interventions that are necessary to help to reduce the likelihood of the individual re-offending. The case conference will also examine the assessed risks they pose and help decide on appropriate interventions aimed at reducing those risks. This particular approach is useful in (a) keeping the individual at the centre of the ICM process, (b) maintaining a focus on issues which are external to the prison as well as internal, (c) the sharing of relevant information across agencies and (d) assessing and managing risk.

Justice Social Work Services: Social work services provided by local authorities to:

• supervise individuals aged 16 and over who have been convicted by the courts and made subject to a community disposal;
• provide reports to courts to assist with sentencing decisions; and
• provide statutory supervision (called 'throughcare') for certain individuals released from prison.

Licence Conditions: There are standard licence conditions which apply to all 'licences' in relation to extended sentence, life, discretionary, parole or non-parole cases. In addition to standard conditions, the Parole Board can consider additional conditions on submissions made by Justice Social Work Services.

Long Term Prisoner: An individual subject to a custodial sentence of 4 years or more.

Memorandum of Understanding: A document which outlines the main points of agreement that the parties involved in a negotiation have reached. It is a mutually agreed summary of the areas of agreement and expectations of all signatories (those involved in the negotiations). For the purposes of MAPPA the MoU is to enable the practicalities of co-operation to be agreed locally, this will include ensuring that there is clear and agreed understanding by all involved of their roles and responsibilities. The MoU will be primarily drawn up between the local Responsible Authorities and relevant duty to co-operate agencies.

Missing: A "missing" person is defined as anyone whose whereabouts is unknown and:

• where the circumstances are out of character; or
• the context suggests the person may be subject to crime; or
• the person is at risk of harm to themselves or another.

Multi-Agency Public Protection Arrangements: MAPPA are a set of statutory partnership working arrangements introduced in 2007 by virtue of sections 10 and 11 of The Management of Offenders etc. (Scotland) Act 2005.

Multi-Agency Public Protection Panel: The MAPPP is responsible for the management of individuals at Level 3. MAPPP members should possess relevant experience and seniority to understand the requirements of Level 3 management.

National Accommodation Strategy for Sex Offenders: Strategy which sets out the arrangements and roles of local authorities and Registered Social Landlords when registered sex offenders seek housing in the social rented sector. It focuses on assessing and managing the risks that registered sex offenders may pose by living in a particular community, location and property. Arrangements for each individual will depend on their offence and the level of risk they pose.

National Sex Offender Policing Unit: Police Scotland National Sex Offender Policing Unit are responsible for matters relating to strategy, policy, governance and training ensuring that Sex Offender Policing practices and processes are delivered and implemented at a national level in accordance with national standards and procedures.

National Strategic Group: The national group which provides oversight and strategic direction for MAPPA in Scotland. It was established by the Scottish Government in 2011 and brings together representatives from the MAPPA responsible authorities and the Chairs of the 10 MAPPA Strategic Oversight Groups across Scotland.

Non-Parole Licence: All long-term prisoners, excluding life sentence prisoners, are automatically released on Non-Parole Licence when they have served two thirds of their custodial sentence.

Notification Order: Order which requires sex offenders who have been convicted overseas to register with police, in order to protect the public in the UK from the risks that they pose.

Order for Lifelong Restriction: A sentence that has been available in Scotland since 2006 which provides for the lifelong supervision of individuals who have committed high risk violent and sexual offences. It allows for a greater degree of intensive supervision to manage the risk that they pose.

Other Risk of Serious Harm individual: An individual subject to MAPPA who meets the criteria detailed in Chapter 9. They are also referred to as MAPPA Category 3 individuals.

Parole Licence: A system that enables certain individuals to be released on licence in the community under the supervision of a community based social worker. If they are released on parole, they are subject to be recalled to prison at any time if they breach the terms of their licence. Parole is only granted where the Parole Board for Scotland is satisfied that the risk they present can be managed safely in the community.

Parole Qualifying Date: This relates to individuals serving a determinate custodial sentence of more than four years. They are entitled by law to be considered for parole once they have served half of their sentence (this is known as the Parole Qualifying Date). If early release is not directed at this first review, the Parole Board will reconsider their case at no more than 12 month intervals until they reach their Earliest Date of Liberation (EDL). Please see above for definition of EDL.

Registered Sex Offender: An individual who is subject to the Sex Offender Notification Requirements (SONR) as set out in Part 2 of the Sexual Offences Act 2003.

Registered Social Landlord: A not-for-profit landlord, registered with the Scottish Housing Regulator (for example, a housing association, or co-operative).

Responsible Authorities: The MAPPA Responsible Authorities are Police Scotland, Local Authorities, Health Boards and the State Hospital and the Scottish Prison Service (SPS) (acting on behalf of Scottish Ministers).

Responsible Medical Officer: An approved medical practitioner who has special experience and received particular training in the diagnosis and treatment of mental disorder and designated by hospital managers for a particular patient. The RMO has a number of specific responsibilities associated with individuals who are detained under mental health legislation.

Restricted Patient: A mentally disordered offender who is detained in hospital for treatment and who is subject to special controls by Scottish Ministers due to the level of risk they pose. These controls include permission for community leave, transfer to another hospital, discharge and recall to hospital.

Restriction of Liberty Order: A court Order requiring an individual to remain within their home at times specified by the court. Compliance is monitored electronically by the person wearing a 'Personal Identification Device' (PID) or 'tag'.

Risk Assessment Order: When a Judge is considering imposing an Order for Lifelong Restriction (OLR), they will impose a Risk Assessment Order and appoint an RMA Accredited Risk Assessor to carry out a risk assessment and report back to the court in the form of a Risk Assessment Report (RAR). The RAR is a report on the risk the individual being at liberty presents to the safety of the public.

Risk Management Authority: A Non Departmental Public Body established in 2005 by the Criminal Justice (Scotland) Act 2003; and sponsored by the Scottish Government. The RMA's duties focus on protecting the public by ensuring that robust risk assessment and risk management practices are in place to reduce the risk of serious harm posed by violent and sexual offenders.

Risk Management Plan: A Risk Management Plan (RMP) sets out an assessment of risk, the measures to be taken for the minimisation of risk and how such measures are to be co-ordinated. The plan includes assessment and analysis of factors that may increase or prevent re-offending and gives recommendations for action. It requires inter-agency and multi-disciplinary working. An RMP (as per template at Document 6 of the MAPPA Document Set) is required for anyone being managed under the MAPPA framework at Level 2 or 3. For those managed routinely at Level 1, the format may be different but a risk management plan will be in place.

Risk of Sexual Harm Order: A court Order which places restrictions and obligations on someone who is behaving in such a way which suggests that they pose a risk of sexual harm to a particular child or to children generally. The person's behaviour need not constitute a criminal offence, and they need not have any previous convictions. If the person fails to comply with (i.e. breaches) the requirements of the order, they can be taken back to court and may be liable to up to 5 years' imprisonment. A conviction for breach of the order also renders the person subject to the sex offender notification requirements.

Scotland MAPPA Community Hub: An online community developed to improve access to key resources and encourage on-going engagement between MAPPA partners in Scotland in order to share best practice and advice.

Scottish Children's Reporter Administration: An executive non-departmental public body of the Scottish Government which helps children at risk by organising the work of children's reporters and children's hearings.

Scottish Prison Service: An executive agency of the Scottish Government tasked with managing prisons and Young Offender Institutions.

Sexual Harm Prevention Order: A statutory Order which can be imposed by the court on any individual who poses a risk of harm to the public in the United Kingdom and/or children or vulnerable adults abroad, including on individuals without a relevant conviction. At time of publication this Order has not yet been enacted in Scotland. Further information can be found at Annex 6.

Sex Offender Liaison Officer: are staff, usually within housing, who provide a single point of contact for accommodation requests from Responsible Authorities in respect of the housing of Registered Sex Offenders.

Sex Offender Notification Requirements: The Sexual Offences Act 2003 requires individuals on the sex offenders' register to notify to their local police certain personal details and information, including (but not limited to) their name, address, date of birth and national insurance number.

Sexual Offences Prevention Order: A court may make a SOPO at the time of dealing with certain sex offenders or when the police make a special application on account of the individual's behaviour in the community. A SOPO can place restrictions and obligations on them and requires the subject to register as a sexual offender. If they fail to comply with (i.e. breaches) the requirements of the order, they can be returned to court and may be liable to a period of up to 5 years' imprisonment.

Sex Offender Policing Unit: Police Scotland Sex Offender Policing Units are responsible for the effective and robust policing of Registered Sex Offenders (RSO's) and other Risk of Sexual Harm Offenders (RoSHO), in pursuance of overall MAPPA management.

Sexual Risk Order. An Order which can be imposed by the court on anyone convicted for a sexual offence who poses a risk of sexual harm to the public in the United Kingdom and/or children or vulnerable adults abroad. At time of publication this Order has not yet been enacted in Scotland. Further information can be found at Annex 6.

Short Term Prisoner – An individual subject to a custodial sentence of 6 months or more but less than 4 years.

Short Term Sex Offender (STSO): All sex offenders who are sentenced to 6 months or more but less than 4 years. They are released at the halfway point of the sentence and subject to licence conditions for the duration of the sentence.

Significant Case Review: A MAPPA review process which takes place when an individual subject to MAPPA commits a serious offence. It involves a detailed review into the circumstances so any lessons can be learned, and any learning opportunities and good practice identified in order to promote continuous improvement.

Strategic Oversight Group: Each of the 10 MAPPA regions has a MAPPA Strategic Oversight Group whose membership includes representatives from the local Responsible Authorities.

Statutory Supervision: When subject to statutory supervision individuals are supervised by an allocated Justice Social Worker. This includes Life Licence, Parole Licence, Non-Parole Licence, Extended Sentence, Order for Lifelong Restriction, Short-Term Sex Offender, and Community Payback Order.

Suspension of Detention (restricted patient): A period of leave either escorted or unescorted following consent of Scottish Ministers.

Transfer for Treatment Direction: A procedure under the Mental Health (Care and Treatment) (Scotland) Act 2003 Act which allows a sentenced prisoner with a mental disorder to be transferred to a psychiatric hospital for treatment. If the patient no longer requires treatment in hospital, then they can be transferred back to prison to serve the rest of their sentence. If they remain in hospital at the end of the prison sentence then they must be released or if they need to be detained in hospital, then an application is made for a Compulsory Treatment Order. While a patient is on a TTD they are a restricted patient.

Unescorted Leave (restricted patient): A period of suspension of detention from hospital under specified conditions as part of gradual rehabilitation programme and only following MAPPA consideration and Scottish Ministers' consent.

United Kingdom General Data Protection Regulation (GDPR): This is the UK law which came into effect on 1 January 2021. It sets out the key principles, rights and obligations for most processing of personal data in the UK, except for law enforcement and intelligence agencies

Violent and Sex Offender Register: A national Home Office system which provides a central store for up-to-date information about individuals managed under MAPPA and other individuals who pose a risk of harm to the public.

Victim Notification Scheme: A statutory scheme which gives victims of individuals who have been convicted of certain offences and sentenced to four years or more the right to receive information about the individual's progression within prison and eventual release. Further information on VNS can be found in Chapter 14.

Wanted: A "wanted" person is someone who has a live warrant in force.