What is MAPPA and can any steps be taken to avoid a disclosure of information?

MAPPA stands for Multi Agency Public Protection Arrangements and was established following the Criminal Justice Act 2003 with the purpose of protecting the public from harm by sexual and violent offenders.  It provides a mechanism for various agencies to share information and work together, including the police, prisons and probation services.

Who can MAPPA apply to?

Offenders who can be subject to MAPPA is not just limited to those subject to notification requirements as a result of being convicted of a sexual offence (commonly known as being on the sex offenders register), but also to other sexual or violent offenders, dangerous offenders, and terrorist or terrorist risk offenders.

• Other ‘sexual or violent offenders’ covers individuals who are convicted of a schedule 15 offence or an offence under s327(4A) AND received a single prison sentence of 12 months or more. This includes those who received a suspended sentence with a term or 12 months or more, but NOT individuals who received 12 months imprisonment due to consecutive sentences.
• ‘Dangerous offenders’ are individuals whose offence indicates they are capable of causing ‘serious harm’ AND it is deemed they require level 2 or 3 management. Dangerous offenders can be anyone with a conviction in the UK or abroad, but also those with a caution, or people found not guilty by reason of insanity, or unfit but deemed to have committed the act. ‘Serious harm’ means an event which is life threatening and/or traumatic, from which recovery, whether physical or psychological, can be expected to be difficult or impossible.  

Individuals who will be liable to be managed under MAPPA will initially be identified as a result of their offending and then managed at level 1,2 or 3 dependant on what level of involvement is considered necessary. The relevant agencies first asses the risk an individual poses and then plan how to manage that risk.

Who could information be shared with?

The MAPPA mechanism allows for information sharing with various agencies, but the sharing of information must be necessary and proportionate.

One very important aspect of MAPPA relates to the disclosure of convictions to members of the public (for example informing an employer, or a person forming a relationship with the offender).  Such disclosure must be for the purpose of protecting the public.

All MAPPA offenders are assessed to identify anyone who may be at risk of serious harm from them. As part of the risk management plan, consideration will be given to disclosures. Consideration will be given to whether disclosure should be made to protect victims, potential victims, staff and other persons in the community.

Before a disclosure is made (telling someone information about an offender), alternatives must be considered and found to be inappropriate or ineffective. All decisions, and the reasons for the decisions must be recorded.

Disclosure will only be made when the need to protect the public outweighs the offender’s right to privacy.  Disclosure should only be made if it a necessary and proportionate step to protect the public.

Can you try to stop a disclosure?

Consideration must be given to seeking representations from the offender before a decision is made. The guidance states that seeking representations ‘should be the norm’, but there may be occasions where it is not possible or safe to do so.   

At Sonn Macmillan Walker we have experience of making representations on an offender’s behalf seeking to avoid a disclosure.  We are aware of the stress such an issue can cause to an offender and the need to act quickly in such circumstances.  We also understand that any such disclosure does not always impact just the offender, but often their family members too.

If you require advice on this topic, please contact Amy Cox or Katie Lobo at these offices.