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Transcript
RISK ASSESSMENT & MANAGEMENT IN N. IRELAND- THE JOURNEY SO FAR Joint NOTA Northern Ireland & Republic of Ireland Conference Friday 28th April 2017 Stephen Sherry Principal Officer for Public Protection 1 Sex Offending & Violent Offending in Context 2 NORTHERN IRELAND Population 1.8 Million (NI Statistics 2011) COLERAINE BELFAST DERRY BALLYMENA COOKSTOWN A ENNISKILLEN NEWRY 3 Of Crimes Reported to the Police in Northern Ireland (08/09) 1.7 % are Sex Offences Sexual Offences Only a small percentage of those cases that are reported result in successful prosecution (19.2%) 4 Violent Offences A larger percentage of those cases that are reported result in successful prosecution (27.9%) 5 It is believed that up to 80% of Sex Offending in Northern Ireland is not reported to the police The unreported figure relating to violence against children, vulnerable adults and violence in domestic circumstances is also believed to be very high. 6 Public concerns about sex offenders living or working in the community had been heightened considerably following high profile media coverage of the Kincora Enquiry in 1982 (DHSS 1982, Moore 1996) 7 This was further exasperated by the media coverage of further cases Martin Huston Enquiry (DHSS ‘Abuse of Trust’, 1993) Fr Brendan Smyth Enquiry (Ferguson, 1995; Moore, 1995) This popular focus led to a multi-agency conference entitled ‘No Hiding Place’ being held in 1997 8 Legislative Provisions Part 1 of The Sex Offenders Act 1997 The Act stipulated that certain categories of sex offenders must register their name and address with police for a period of time dictated by the sentence imposed, failure to comply =Criminal Offence. 9 History Multi-Agency Sex Offender Risk Assessment and Management (MASRAM) to Public Protection Arrangements Northern Ireland (PPANI) 10 The Multi-Agency Sex Offender Risk Assessment and Management (MASRAM) Arrangements MASRAM Arrangements were launched on 1st September 2001 11 Multi Agency Sex Offender Risk Assessment & Management (MASRAM) depends very much on the co-operation of the relevant agencies, Police, Probation, Prison, Housing, Health & Social Services and the Voluntary Sector. 12 In 2002, due to public concern, the British Home Office issued proposals to strengthen protection against sex offenders and to reform the law on sex offences ‘PROTECTING THE PUBLIC’ (Home Office, 2002) 13 Result The Sexual Offences Act 2003 (Part 2 was extended to Northern Ireland with effect from 1st May 2004) 14 Following an inspection by the Criminal Justice Inspection NI and a review of the tragic circumstances surrounding the death of Attracta Harron Government promised to put the arrangements on a statutory footing, extend the provisions to violent offenders and to provide additional risk management provisions. 15 The agencies were again tasked with the development of Public Protection Arrangements that would extend MASRAM to include: defined groups of Violent Offenders and to persons not yet convictedPotentially Dangerous Persons 16 Risk Management Risk Management Plan should contain: • ENFORCEMENT measures to restrict behaviour – often through Court Orders and Licences • ENCOURAGEMENT measures to change behaviour and attitude – accredited programmes – alcohol and substance abuse – improving employability – assisting with accommodation 17 The Public Protection Arrangements Northern Ireland (PPANI) Implemented October 2008 18 Legislative Structure Criminal Justice (NI) Order 2008 Secretary of State’s Guidance Manual of Practice 19 Organisational Structure Strategy and Policy PPANI Strategic Management Board (PPANI SMB) Operational Delivery Local Area Public Protection Panel (LAPPP) 20 Local Area Public Protection Panel (LAPPP) The operation body tasked with two duties: 1. Multi-Agency Assessment of all relevant Offenders 2. Development of appropriate risk management plans for those assessed as Category 2 or 3 risk of serious harm 21 Persons Subject to PPANI A Persons who are subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 or 22 who have been convicted of a sexual offence or sexually motivated offence and are not subject to the notification requirements of Part 2 of the Sexual Offences Act 2003, but about whom there are current significant concerns 23 Persons Subject to PPANI B Persons who have from 6.10.2008 been convicted of a violent offence (including homicide) against a child or vulnerable adult; or who have a previous conviction for a violent offence against a child or vulnerable adult and about whom there are current significant concerns. 24 Persons Subject to PPANI C Persons who from 1.4.2010 have been convicted of a violent offence (including homicide) in domestic or family circumstances; or who have a previous conviction for a violent offence in domestic or family circumstances and about whom there are current significant concerns. 25 Persons Subject to PPANI D Persons who from 1.9.2011 have been convicted of a violent offence (including homicide) where the offence has been aggravated by hostility and for which the person received an enhanced sentence. 26 Persons Subject to PPANI E Persons subject to a Risk of Sexual Harm Order 27 Children and Young Persons Children and Young Persons (under 18 years) should not be subject to PPANI but will remain the responsibility of the present social services child protection and children in need arrangements, as set out in the current ACPC Regional Policy and Procedures and Cooperating to Safeguard Guidance However there are exceptions 28 Criminal Records Office Convicted of relevant offences 11,515 29 Police – Registration data Required to notify as at 1st October 2006 686 In Prison 149 30 Police – Registration Data Persons required to notify as at 1st April 2010 1212 Male 20 Female 31 Current Statistics of persons subject to PPANI Total Prison Community Category 1 1290 5 1239 Category 2 150 61 89 Category 3 21 14 7 Category P 28 5 23 As of March 2017 32 Sexual Offences Of the 105,023 crimes Reported to the PSNI during 2015/2016 3,037 were Sexual Offences (including 780 Rapes) (3,037 of 105,023) (PSNI’s Annual Crime Statistics 2015/2016) 33 Domestic Abuse Of the 105,023 crimes Reported to the PSNI during 2015/2016 14,073 related to Domestic Abuse (14,073 of 105,023) (PSNI’s Annual Crime Statistics 2015/2016) 34 Three Generations of Assessment First Generation – Clinical Judgement Second Generation – Actuarial Assessment Third Generation – Dynamic Assessment 35 The Harris Model of Dynamic Risk Assessment & Supervision was piloted for a period of 12 months from 1 June 2007 36 Key Recommendations The Harris Stable & Acute Model should be endorsed in line with the new Public Protection Arrangements N. Ireland RM2000 & SA07 should be used by LAPPP’s to identify highest risk offenders Public Protection Agencies to agree roles in Stable & Acute for LAPPP’s NIPS to clarify the operation of SA07 in prison setting 37 Only trained and accredited staff to use SA07 within PPANI All-Ireland Working Group for SA07 to continue and link to research project North/South 38 Implementation 2009 Strategic Management Board endorsed the implementation of the Harris Stable & Acute Model under the management of the Advisory Group 39 RISK ASSESSMENT The risk posed by individual Offenders will be assessed: First by police using the Risk Matrix 2000 40 Secondly by Dynamic Risk Assessment Stable and Acute 2007 Carried out by the DRM for the multi-agency Local Area Public Protection Panel (LAPPP) 41 Category 1 “Someone whose previous offending and/or current behaviour and/or current circumstances present little evidence that they could cause serious harm through carrying out a contact sexual or violent offence.” 42 Those placed into Category 1 following assessment will be referred back to the agency with a lead responsibility for the management of any identified risks 43 Category 2 “Someone whose previous offending, and/or current behaviour and/or current circumstances present clear and identifiable evidence that they could cause serious harm through carrying out a contact sexual or violent offence.” 44 Persons assessed as posing Category 2 risk will be subject to a multi-agency risk management plan overseen by an appointed Designated Risk Manager Category 2 offenders are generally Managed by the Public Protection Units ( PPU) 45 Category 3 “Someone whose previous offending, and/or current behaviour and/or current circumstances present clear and identifiable evidence that they are highly likely to cause serious harm through carrying out a contact sexual or violent offence 46 Those assessed as fitting the definition of Category 3 will be subject to a risk management plan delivered by the Co-located Public Protection Team (PPT) This team comprises of PSNI, PBNI and Social Services and is based at Seapark 47 PPANI Disclosure • As part of PPANI disclosure procedures are a vital tool in risk management. • Offenders are encouraged to disclose offending where appropriate and allow this to be verified. • If they refuse or it can’t be verified then existing agency powers (e.g. child protection under Social Services) will be used. • If no power exists then a PPANI disclosure application is completed by the Agencies , legal advice sought, and a decision made by a Superintendent in PSNI Public Protection Branch. 48 Child Protection Disclosure Arrangements 49 Background to Scheme •1st July 2000, Sarah Payne 8 years reported missing whilst playing near her grandparents home in Surrey •17th July 2000, her body was found 15 miles away from where she had been playing •12th December 2001, Roy Whiting was convicted of her abduction and murder. •Whiting had a previous conviction re abduction and sexual assault or another 8 year old girl. 50 • Sarah’s mother campaigned in support of bringing a scheme to UK similar to “Megan’s Law” in US, allowing sharing of information to protect children from dangerous offenders. • The scheme commenced in GB in April 2011 • The Northern Ireland version contained in the 2015 Justice Act commenced on 14th March 2016 building on the existing disclosure system already incorporated in the Public Protection Arrangements Northern Ireland (PPANI) 51 Violent Offences Prevention Orders (VOPOs) • Violent Offences Prevention Orders (VOPOs) were introduced on 1st December 2016 • Previously a mechanism did not exist to manage the risk posed by violent offenders not subject to licence / community supervision • VOPOs operate in a similar way to Sexual Offences Prevention Orders (SOPOs) i.e. they place restrictions on violent offenders e.g. specify where the offender can reside or require an offender to do something e.g. engage with treatment 52 VOPOs Contd. • A VOPO can remain in force for 5 years • VOPOs can be applied for by PSNI at the point of sentence or retrospectively • Offenders subject to VOPOs are required to notify PSNI of their address 53 Changes To Date 1. The number of Trust areas have reduced- from 18 to 5 2. The Police Public Protection Units have realigned themselves to fit with the trust areas 3. Human Sexuality Training 4. Joint Working with the ROI regarding joint SA07 training and identification of future training needs 5. The use of SA07 at PSR stage 54 Changes to Date 1. Continued Joint Working with the All-Ireland SA07 Working Group 55 Challenges Strategic perspective- its about evidencing effectiveness of how we manage risk here in N.Ireland Developing ‘desistance’ amongst individuals who sexually offend Engagement with the public / communities to provide reassurance re management of sexual offenders and promote knowledge/confidence Resourcing the management of our most risky individuals Balancing the rights of the offender V the need for public protection 56 Thank You 57