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

Restrictive Orders

A number of orders (described below) were introduced in the Sexual Offences Act 2003 to manage the risks presented by sexual offenders.

A restrictive Order which requires sexual offenders who have been convicted or cautioned for a sexual offence overseas to register with the UK police, in order to protect the public in the UK from any risk that they pose. Police may apply to the court for the Order in relation to offenders living in, or intending to come to, the UK.

A restrictive Order that may be made by the Court at the time that an offender convicted of a sexual offence is sentenced, or may be made by the Court following an application by the police. The length of term that the SOPO may apply for varies. The minimum term is 5 years, but a SOPO may be imposed for the rest of the offender’s life. A SOPO will require the subject to register with the police as a sexual offender and it may include conditions, e.g. to prevent the offender loitering near schools or playgrounds. If the offender fails to comply with the requirements of the Order, he or she can be taken back to court and may be liable to up to 5 years’ imprisonment.

A restrictive Order that may be applied to prevent offenders with convictions for sexual offences against children from travelling abroad, where this is considered necessary to protect children from the risk of sexual harm. The Order is granted by the Court on application from the police. Recent changes under the Policing and Crime Act 2009 strengthened these provisions by increasing the maximum duration of an FTO from six months to five years; raising the age threshold from 16 to 18 years old; and providing for the automatic removal of a passport from an individual who is subject to a blanket FTO, banning him or her from travelling abroad to any country in the world. These changes came into force on 1 April 2010.

Other relevant Orders

These were introduced by sections 28, 29 and 29A of the Criminal Justice and Court Services Act 2000. They are imposed by the Crown Court and prohibit an individual working in a prescribed list of occupations. These orders are imposed for life. The Disqualification Order provisions are due to be repealed when a suitable legislative opportunity arises. They will be replaced by provisions in section 63 of the Safeguarding Vulnerable Groups Act 2006 which will set up a new system under the Independent Barring Board (also known as the Independent Safeguarding Authority). This Act has received Royal Assent but has not yet been brought into force. At the time the current Guidance was drafted, Disqualification Orders may still be imposed and offenders subject to them are automatically eligible for MAPPA (Category 2).

Violent Offender Orders (VOOs) were introduced in August 2009 as part of the government’s commitment to do more to protect the public from violent offenders. They are civil preventative orders which the police can use to place controls on violent offenders in circumstances where they could potentially pose the greatest danger to the public. A VOO is issued by the magistrates’ court upon application by the chief constable where the court is satisfied that the offender has, since becoming a qualifying offender, acted in such a way as to make it necessary to make a VOO for the purpose of protecting the public from the risk of serious violent harm. In order to qualify for a VOO the offender must be aged 18 years or over and have been sentenced to a custodial sentence of 12 months or more, or have received a hospital order or a (mental health) supervision order in respect of a specified offence listed in section 98 of the Criminal Justice and Immigration Act 2008.

Appendix 6

Serious Further Offence list – Probation Circular 10/2011

Aiding, abetting, counselling, procuring or inciting the commission, or conspiring to commit, or attempting to commit any of the listed offences below also constitutes a serious further offence.

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  Advisory Committees on Justices of the Peace Members
  
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  Independent Monitoring Boards (IMBs) Members
  
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  Multi-Agency Public Protection Arrangements (MAPPA) lay advisers
  
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  Prison and Escort Custody Services (PECS) lay observers
  

The Model requirements are:

1. Sponsors need to be able to demonstrate that all public appointments have complied with the new Code of Practice. Sponsors must keep the record of compliance for each campaign for at least two years for audit purposes.

2. A Selection Panel must be convened to oversee the appointment process and a Panel Chair must be assigned.

3. The Selection Panel must include an external perspective, this will be met by a member of the body, or associated body, from a neighbouring or different area or region as a member of the Selection Panel. Alternatively, this could be a member of another MoJ or government body. For example, if a Selection Panel is appointing a candidate to a role on a Board / Committee in Bedfordshire, then the external member could be an existing member of the equivalent Hertfordshire Board / Committee.

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  Be competent to fulfil their role on the Selection Panel
  
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  Understand the principles and requirements of the OCPA Code
  
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  Remain Members of the Selection Panel throughout the appointment process.
  
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  Declare any conflicts of interest that are relevant to their participation as a Selection Panel Member. Where the conflict is considered significant enough to have an impact on either the outcome of the process or the public perception of the process, the matter should be referred to the sponsor or PAT for consideration before the selection process can proceed.
  

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  Pay particular attention to attracting a strong and diverse field of candidates, including those from underrepresented groups.
  

5. If a member of the Selection Panel knows, or knows of, one or more of the applicants, they will inform their fellow Panel Members and explain the nature of the relationship or knowledge. If the nature of any relationship between a Selection Panel Member and an applicant means it may be inappropriate for the Panel Member to assess the applicant, the Panel Chair must consult the sponsor or PAT and agree the appropriate action.

7. The Selection Panel Chair must produce a Chair’s Report at the end of the each of the sift and interview processes. The Reports should summarise and evidence the reasons for the Panel’s conclusions, including the reasons why those not recommended for interview or appointment were considered less suitable than those who were recommended. The Reports should also describe the stages and outcome of the selection process; how the external perspective was achieved; and confirm that the process was conducted in accordance with the OCPA principles of merit, fairness and openness. The Reports should be provided to the Sponsor and retained for at least two years. A template for the Reports that should be used is attached.

8. Where Ministerial approval is given through delegated authority, the Sponsor will gain Ministers agreement to the appointment processes and the measures in place for ensuring that the OCPA principles are adhered to every three years. This will include the formal delegation of authority to make the appointments on behalf of the Minister. A record of the Minister’s decision should be kept by the sponsor for at least three years or until the latest record of a decision is available.

9. All appointments should be advertised on the Cabinet Office website. The PAT is able to provide a template which can be forwarded on to Cabinet Office.

10. For IMB Members, a generic advert will be put on the Cabinet Office website referring potential applicants to the Sponsor team for regional availability.

13. Any individual may complain that a competition has not been in compliance with the principles of the OCPA Code. Sponsors are responsible for making all applicants aware of their right to complain and the OCPA complaints procedure. This should be included in the application form or the applicant’s information pack.

16. Sponsors will provide Selection Panels with the documentation required for OCPA monitoring, including the Panel Chair’s Reports templates, which must be completed and returned to them before an appointment is made.

21. The appointment must be announced on the MoJ public appointments web page. The PAT can provide the template for doing this.

24. All MoJ public appointments are subject to an Annual Statistical Return which collects information on diversity and the type of appointment. Sponsors will be asked to collect this information for new appointments and reappointments from 1 April 2012. The information will be collated into an Annual Return for MoJ at the end of the financial year by the PAT.

25. Any political activity should be explored in the context of conflicts of interest during the Panel interview. This information should be collected on the application form and recorded by the Sponsor as part of the Statistical Return and publicised when the appointment is announced.

26. A proportionate induction process should be carried out for all new appointees. Induction and Appraisal Guidance for Public Appointees is available from the PAT. The Guidance is kept under regular review and any comments and suggestions on how it can be amended or improved would be welcome.