Mappa guidance 2012 4th edition part 2 – appendices and forms table of contents

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MAPPA R

Case owner contribution to MAPPA report Date completed:

1. Foreign national offender details
Last name
First name
Date of birth
Aliases (include nicknames)
Gender
Nationality
Home Office reference number
2. Immigration information
Current immigration status
Removal information
Details of secured travel documents
Identify any barriers to removal
Is there an estimated time frame to removal (Yes/No) If Yes: what is it If No: why is estimating removal time frame not possible
Appeal has been lodged (Yes/No)
JR has been submitted (Yes/No)
Anticipated time frame of hearing
Further representation to Immigration Enforcement (Yes/No)
Anticipated time frame for resolution
3. Detention
Detained in Prison (Yes/No) If Yes:
Name
Address
Detrained in an IRC (Yes/No) If Yes:
Name
Address
Number of moves with in the Detention Estate and reasons
Has detention been reviewed (Yes/No) If Yes:
Date of last review (attach a copy of review)
4. Immigration bail
Number of bail applications made
Where bail was refused give reasons
Names of sureties
Addresses of sureties
Immigration bail accommodation
Private address provided
Date approved for licence purposes
Section 4 accommodation provided
Date approved for licence purposes
Barriers to accommodation being provided either private or Section 4
5. Non-detained
Date released into community
Address
Reporting Centre
Conditions of contact
Adherence to contact
Behaviour at reporting events
6. Case owner details
Name
Grade
Team
Address
Email address
Phone number
7. Manager details
Name
Grade
Team
Address
Email address
Phone number

Backing information for MAPPA R

It is hoped that by providing this information the MAPPA meeting will have a greater understanding of the role of Home Office Immigration Enforcement. (HO/IE)

The HO/IE NOMS MAPPA memorandum of understanding states that there must be an RMP in place for all FNO MAPPA Offenders. This is because that offender could be released into the community at very short notice.

Immigration enforcement deportation criteria: EEA nationals are those from one of the European Economic Area states: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Irish Republic, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Spain and Sweden (Switzerland is also treated as an EEA state although technically outside of it). The Home Office tends not to deport citizens from the Republic of Ireland in practice. The criteria for deportation apply to all EEA nationals (excluding the UK) who have received a custodial sentence of 12 months or more for a sexual, violent, or drug offence (excluding possession) or 24 months or more for any other offence. Deportation may also be considered where an EEA national is convicted of more than one minor offence and there is a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society.

Non-EEA nationals are those from all other countries outside of the European Union. The criteria for deportation for non-EEA nationals applies to those sentenced to 12 months or more and also those sentenced to less than 12 months where the current sentence plus one or two previous sentences within the last 5 years totals 12 months. Deportation may follow in any case where the Secretary of State has a duty to do so (under the UK Borders Act 2007), or considers that the individual is not conducive to the public good, or the sentencing court has recommended it (under the Immigration Act 1971).

Detention: Criminal Casework is governed by HO/IE Enforcement Instructions and Guidance. When considering detention, the FNO must meet the deportation criteria, and the presumption is in favour of temporary release into the community. This is weighed against the risk of harm and re-offending to the public, as well as the risk of absconding, and there is a clear imperative to protect the public from the harmful consequences of criminal behaviour. However, to be lawful there must also be a realistic prospect of removal within a reasonable timescale. This is problematic with regard to some nationalities when, no matter what the risk of harm to the public, there is no imminent realistic prospect of enforcing departure. Lawful detention must be reviewed every 28 days, at which point the appropriateness of continued detention is considered based on the most up to date information about all the relevant factors. Detention cannot be considered as an extension to or a substitute for imprisonment.

Immigration bail: When FNOs are in immigration detention (i.e. once they have completed their prison sentence and are detained in either prison or an Immigration Removal Centre under immigration legislation) they have the right to apply to an Immigration Judge at the First Tier Tribunal of the Immigration & Asylum Chamber to be released on Immigration Bail. There is no restriction on the number of times an application for Immigration Bail can be made by an FNO in immigration detention. In order for the case to be heard, the FNO must put forward an address; either a private address or one provided by the HO/IE. Where there is no private address, the FNO or their legal representative can apply to the HO/IE for Section 4 bail accommodation to be provided.

The early removal scheme: ERS is mandatory; all determinate sentenced FNOs who are confirmed by HO/IE as being liable for removal or deportation, irrespective of sentence length, offence type or country of origin, must be considered under this scheme. They can be removed having served a minimum requisite period of a quarter of their sentence, up to a maximum of 270 days before the end of their sentence. The Prison Service calculate ERS dates based on a sliding scale depending on sentence length.

The tariff expired removals scheme: TERS is mandatory; all indeterminate-sentenced FNOs (including lifers) who are confirmed as having a deportation order against them must be considered under this scheme once their minimum tariff period has been reached. They can be deported without reference to the Parole Board at any point after their minimum tariff has expired.

The facilitated return scheme: FRS is a voluntary return scheme that only non-EEA Nationals can apply for and it is designed to encourage FNOs to comply with deportation action and return to their home country by offering them financial assistance and support to help them reintegrate on their return. If they are accepted on to the scheme it is on the condition that they cooperate with deportation action and waive their right to appeal against it.

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