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The Management of Critical Public Protection Cases and Terrorist or Terrorist Related Offenders.
This instruction applies to : / Reference :
Probation Trusts / PI 18/2010
Issue date / Effective Date / Expiry Date
3 December 2010 / 10 December 2010 / 09 December 2014
Issued on the authority of / NOMS Agency Board
For action by / Probation Trust Contract Managers to share with all staff who manage offenders.
For information / All Probation staff, relevant staff in NOMS HQ, DOMS
Contact / Al Reid
Head of Dangerous Offenders Section
Public Protection and Mental Health Group – NOMS
email:
tel: 02070353512
Associated documents / PC08/2008 Offender Management Model Implementation Rules and Guidance for Tiering Cases
Operational Guidance on the application of the Offender Management Model to High Risk of Serious Harm
PC 05/2007 Release and Recall Protocol
PC 25/2007 Transfers
PC 29/2007 Licence Conditions
PC 22/2008 Serious Further Offences
Offenders
PI 04/2009 Recall of Prisoners on Licence
Chapter 16 and 18 MAPPA Guidance
Replaces the following documents which are hereby cancelled :-
PC 06/2007 –Critical Public Protection Cases (CPPCs)
Audit/monitoring :
Directors of Offender Management will monitor compliance in their region with the mandatory actions set out in this Probation Instruction. Probation Trusts must demonstrate compliance with these actions when required to do so by Directors of Offender Management.
Introduces amendments to this documents.
Re-Issued 04/10/2011 with new address for PPMHG

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CONTENTS

Section / Subject / Is relevant to
1. / Executive Summary / All Probation staff involved in the management of offenders
2 / Operational Instructions / All Probation Staff with responsibility for courts, offender management, case administration and MAPPA
3 / Policy and strategic context / All Probation Staff with responsibility for courts, offender management, case administration and MAPPA
4 / Guidance Annex A-E / All Probation Staff with responsibility for the management of CPPC and Terrorist Offenders

1.Executive summary

Background

1.1.1NOMS has a responsibility to Ministers and the public to ensure that there is effective robust and consistent management of those offenders who present the highest risk of serious harm, have a significant national or particularly sensitive profile and are the most difficult to manage. Such cases should be assessed under the criteria for Critical Public Protection Cases and, where the criteria are met, referred for registration. This Instruction contributes to our core aim of protecting the public. NOMS also has a key part to play in the Government’s ‘CONTEST’ strategy for countering international terrorism and contributing to both the Pursue and Prevent strands[1] of the strategy. This Instruction contributes to the Pursue objective of ‘improving the effectiveness of counter-terrorism related prosecutions from evidential collection to post-prison supervision’.

1.1.2There is now a small but significant number of terrorists being held in custody or managed on licence. This Instruction ensures that processes to manage offenders who pose a risk of harm to the public or whose cases pose complex management issues are effectively configured to meet the challenges of managing terrorist offenders.

1.1.3The management of this work within NOMS is the responsibility of the Extremism and Critical Public Protection Casework Team. This team is located in the Dangerous Offenders Section within the Public Protection and Mental Health Group within NOMS.

1.2.Desired outcomes

This Instruction aims to ensure that those offenders who meet the criteria for

registration as critical public protection and /or have committed offences of terrorism or terrorism related offences are correctly identified, assessed and managed within the Offender Management Model and under the appropriate MAPP arrangements.

1.2.1For terrorist offenders specifically that

  • the criteria for defining an offender as a terrorist offender are understood;
  • offenders convicted of terrorist offences are identified at the beginning of their sentence and are brought within the scope and principles of the Offender Management Model from the point of sentence;
  • the role of NOMS Public Protection and Mental Health Group in informing Ministers and MPs about the release of terrorist offenders is understood;
  • health and safety issues are addressed; and
  • offender managers and their seniors are aware of the support that is available to them, from the Extremism and Critical Public Protection Casework Team (ECPPCT).

1.2.2For CPPC cases that

  • the criteria for CPPC cases are understood;
  • offenders who meet the criteria are properly identified, considered for CPPC referral and, where the criteria for registration are met, referred in a timely manner;
  • the role NOMS Public Protection and Mental Health Group in informing Ministers and MPs about the release of CPPC offenders is understood;
  • the availability and eligibility for additional funding is understood; and
  • offender managers and their seniors are aware of the support available from the Extremism and Critical Public Protection Casework Team (ECPPCT).

Application

1.3Section 2 of this Instruction sets out actions that must be taken to ensure that terrorist offenders and critical public protection cases are identified and managed effectively and sets out the procedures to be followed for keeping NOMS informed.

Staff with responsibility for courts, offender management, case administration and MAPPA must be familiar with this section.

1.4Terrorism – Identification:

1.4.1Relevant Offences.

There is no finite list of offences which are defined as terrorism cases, but for the purpose of this Instruction offences may be considered to be terrorism where;-

  1. One (or more) of the offences charged is indictable only and it is alleged by the prosecution that there is evidence that it took place during an act of terrorism or for the purposes of terrorism as defined in s1 of the Terrorist Act 2000. This may include, but is not limited to:

i murder
ii manslaughter
iii an offence under section 18 of the Offences Against the Person Act 1861 (wounding with intent)
iv an offence under section 23 or 24 of that Act (administering poison etc)
v an offence under section 28 or 29 of that Act (explosives)
vi an offence under section 2, 3 or 5 of the Explosive Substances Act 1883 (causing explosions)
vii an offence under section 1(2) of the Criminal Damage Act 1971 (endangering life by damaging property)
viii an offence under section 1 of the Biological Weapons Act 1974 (biological weapons)
ix an offence under section 2 of the Chemical Weapons Act 1996 (chemical weapons)
x an offence under section 56 of the Terrorism Act 2000 (directing a terrorist organisation)
xi an offence under section 59 of that Act (inciting terrorism overseas)
xii offences under (v), (vii) and (viii) above given jurisdiction by virtue of section 62 of that Act (terrorist bombing overseas)
xiii an offence under section 5 of the Terrorism Act 2006 (preparation of terrorism acts)

2.One (or more) of the offences charged is indictable only, includes an allegation by the prosecution of serious fraud that took place during an act of terrorism or for the purposes of terrorism as defined in section 1 of the Terrorist Act 2000 and meets the test to be transferred to the Crown Court under section 4 of the Criminal Justice Act 1987.

3. One (or more) of the offences charged is indictable only and includes an allegation that a defendant attempted or conspired to commit an offence, or aided, abetted, counselled, procured or incited the commission of an offence under sub paragraph (1) above.

4. It is a case (which can be indictable only or triable either way) that a judge considers should be a terrorism case. In deciding whether a case not covered by the paragraphs above should be a terrorism case, the judge may hear representations from the Crown Prosecution Service. This allows the judge quite a wide discretion to decide that a particular offence falls within the category of a terrorism case.

Critical Public Protection Cases - Identification

1.4.2Cases should be considered for referral to the Extremism and Critical Public Protection Casework Team of PPMHG where the following criteria are met:

  • the case is being managed at MAPPA level 3 (including those not subject to statutory supervision by the probation service); and
  • in almost all cases, the offender is assessed as presenting a very high risk of serious harm. There is a risk of imminent serious harm on release from prison, at the commencement of a community sentence or as following a significant change in the levels of risk. The potential event is more likely than not to happen imminently and the impact would be serious; and/or
  • the case attracts or is likely to attract significant national media interest.

National Critical Public Protection Cases- Identification

1.4.3The management of a very small number of registered CPPCs requires national co-ordination, which is sponsored by PPMHG. National CPPC arrangements are reserved for genuinely exceptional cases where local and regional arrangements to agree a plan have been explored and exhausted in the first instance and where resettlement represents a very high risk to individuals (public, victims, staff or offender) and there is organisational risk due to exceptional public interest and scrutiny.

NCPP cases will be those where successful management requires national co-ordination because:

  • the offender presents risks which are exceptionally challenging for the Probation Trust and MAPPA, specifically through the regional re-settlement arrangements, and their management and re-settlement arrangements need the oversight of a National Management Board;
  • a high media profile or public interest could result in public disorder, undermine public confidence in the criminal justice system or agencies managing the case or hinder the successful implementation of the risk management plan and might threaten the life of the offender; or
  • there is a need for exceptional resources outside those offered for other CPPCs; or
  • the offender is a dangerous offender returning from abroad, there are no particular connections with any specific area within England and Wales and there is a clear need for a robust risk management plan to enhance public safety, where the police will be the lead statutory agency unless there is a current licence condition.

Mandatory actions

1.5Staff with responsibility for courts, offender management, case administration and MAPPA must be familiar with section 2 of this instruction and understand its mandatory nature. Chief Executives of Probation Trusts must make sure that all relevant staff are aware of this instruction and that mandatory actions are followed.

1.6This Instruction relates to aspects of PC08/2008 Offender Management Model Implementation Rules and Guidance for Tiering Cases and clarifies that the Operational Guidance on the application of the Offender Management Model to High Risk of Serious Harm Offenders must be applied to all the offenders defined in paragraph 1.4.

1.7This instruction replaces PC 06/2007 – Critical Public Protection Cases (CPPCs).

Resource Impact

1.8There is no resource impact for CPPC cases. In relation to terrorist cases, any impact on workload will be limited as there are currently fewer than 100 convicted terrorist offenders in custody. Most of those offenders will already be in scope of Phase 2 or 3 of the Offender Management Model as a result of their risk assessment and sentence. This instruction aims simply to ensure that they are properly and consistently identified. While it is possible that there may be offenders sentenced for terrorism offences that are not assessed as high risk or sentenced to indeterminate sentences, the numbers will be a very small proportion of what is already a small group.

2Operational instructions.

Allocation and Offender Management of terrorism or terrorism related offenders

2.1.1Currently offenders charged with terrorist or terrorism related offences outlined in paragraph 1.4 of this Instruction are listed for first appearance at Westminster Magistrates Court regardless of where the offence was committed. This may lead to occasional but additional work for the local Trust, for instance, where the offender reports to being NFA. The Extremism and Critical Public Protection Casework Team in NOMS PPMHG can offer assistance in properly locating the individual offender. At the first court appearance, the probation team at court must check whether the defendant is recently or currently known to the home Probation Trust in the usual way. If the offender is known, in addition to informing the home Probation Trust that an offender they have responsibility for has been charged with a terrorist offence, they must also inform the Extremism and Critical Public Protection Casework Team in NOMS PPMHG by email () of the details of the offender and the nature of the charge.

2.1.2Schedule 15. Not all terrorist offences fall in to Schedule 15. If the offender is a current probation case and is convicted of a terrorist or terrorist related offence, it may not be obvious whether or not the offender meets the eligibility requirements for the preparation of a Serious Further Offence. The probation trust must therefore review the case and consider whether the SFO criteria have been met. It is anticipated that in most cases the criteria will be met; either because of the charge or because of the public interest criteria set out within PC 22/2008.

2.1.3Offenders who have been convicted of terrorism offences as defined in paragraph 1.4 and sentenced to 12 months or more in custody must be treated as in scope of the NOMS Offender Management Model and allocated to Tier 4. Given the nature of the risk they are likely to pose to the public, an appropriate level of resource must be allocated to their management. All those sentenced to an indeterminate sentence of imprisonment for public protection (IPP) will meet the OM Phase 3 criteria. Others, easily identifiable as presenting a high or very high risk of harm, will meet the criteria for OM Phase 2. This Instruction clarifies that all offenders outlined in paragraph 1.4, including lifers, whose conviction is for terrorism offences should be treated as meeting the OM Phase 2 criteria. This is irrespective of any changes to Tiering models currently being considered for custody. While it cannot be assumed all cases will be assessed as high risk, end to end offender management is required because of the nature of the offending, the complexity of these cases and the need to be able to demonstrate the highest level of offender management. Additionally, in some cases where offenders have received shorter sentences for a conviction which is of a less serious nature, the offence for which the offender has been convicted may not reflect the full extent of involvement in terrorist activity.

2.1.3To assist with identification of these offenders at the point of allocation, a full and detailed sentence notification must be completed by the court probation team on conviction. This must include a full record of sentencer comments and details of the offence. Abbreviations should be avoided. The sentence notification must make it clear that the offender is a terrorist offender or has been convicted of a terrorism related offence.

2.1.4In Line with Section 16 of the MAPPA guidance when such cases are allocated, the Chief Executive must ensure that:

  • the Offender Manager (OM) is experienced and equipped to manage the case and is made aware of the support that is available to them from the centre (outlined in annex B);
  • the Director of Offender Management (DOM) is kept fully informed of the offender’s supervision details - in particular where there are any concerns about an individual case (for example where there may be media attention) or where the management of the offender has generated information which would contribute to the dissemination of learning across the region. Each DOM has a single point of contact for extremism work, who should also be the link for this purpose.

2.1.5In line with existing guidance, the offender manager must alert the prison offender management unit (OMU) and offender supervisor in the usual way to the fact that the offender comes under the scope of OMM, (using the OMA, Offender Management National Forms, available on EPIC). This will enable custodial staff to manage the offender at the appropriate level and will ensure information is exchanged for sentence planning and risk management purposes. Further important information on information sharing is contained in Annex A

2.1.6If Trusts are not sure whether an offender is a terrorist offender and covered by this Instruction and thereby in the scope of the Offender Management Model, they should contact the Extremism and Critical Public Protection Casework Team (ECPPCT) by email to who will be able to assist.

2.1.7Detailed pre-release planning must start at least 6 months prior to earliest release eligibility date or as soon as the sentence allows in the case of shorter sentences where significant time has been spent on remand. Advice on case management issues can be obtained from the ECPPT by email to

2.1.8Section 16 of the 2009 MAPPA Guidance deals with terrorist offenders. In line with that Guidance, where a terrorist offender is managed at MAPPA level 3, the meeting must decide whether the case should be registered as a critical public protection case (CPPC). In line with Section 16 of MAPPA Guidance, decisions about the management of the case must always be taken on a multi-agency basis even if the case is not MAPPA managed. Offender Managers must convene a pre-release multi agency meeting at least 6 months prior to release to decide whether the case meets the threshold for MAPPA management at level 2 or 3.

2.1.9Employment. As with any other offender a full risk assessment must be undertaken before a terrorist or terrorism related offender is given approval to undertake either paid or voluntary work. Some released offenders may express an interest in working in the field of ‘deradicalisation’ or in other roles which may involve direct or indirect contact with vulnerable individuals. In these circumstances a member of the ECCPC Team must always be contacted before any such approval is given.

2.2Referral and Registration of CPPC cases

2.2.1Every MAPPA Level 3 case must be considered for referral for CPPC registration. A decision to refer to CPPC must be taken at least 6 months prior to the earliest date of release, and for community sentences at the point of inclusion as a MAPPA level 3. This updates Section 18 of the MAPPA guidance which states referrals to be made at least 3 months prior to earliest date of release. These guidelines will be updated to reflect the change in this instruction in due course.