Public protection manual

Public protection manual
National Offender Management Service
PUBLIC PROTECTION MANUAL
2016 Edition
Contents
Chapter 1
Risk of harm
Chapter 2
Multi-Agency Public Protection Arrangements (MAPPA)
Annexes
7
19
Chapter 3
ViSOR
Annex
33
41
Chapter 4
Disclosure and Barring Service (DBS): the barred lists
43
Chapter 5a
Annexes
Safeguarding and promoting the welfare of children
47
70
Chapter 5b
Persons posing a risk to children (PPRC)
Annexes
79
83
Chapter 5c
Child contact procedures
Annexes
95
103
Chapter 5d
Personal photographs of children
119
Chapter 6
Annex
Harassment measures and no-contact requests
123
124
Chapter 7
Annexes
Sex offender registration and notification
130
148
Chapter 8
Annexes
Terrorist notification requirements
155
179
Annexes
185
Foreign national offenders
Controlled materials
195
199
Annex
207
Chapter 9
Chapter 10
1
0
Chapter 1
RISK OF HARM
1
INTRODUCTION
This guidance gives an overview of risk assessment and management; it aims to help prison staff assess an
offender’s risk of serious harm. It will be of particular interest to staff who:

contribute to or attend Multi-Agency Public Protection Arrangements (MAPPA) meetings;

contribute to and attend Multi-Agency Risk Assessment Conferences (MARAC);

contribute to Inter-departmental Risk Management Team (IRMT) meetings in prisons;

assess offenders for programmes, interventions, interactions and activities;

engage in one-to-one work with offenders;

work with offenders in a group setting; or

contribute to decisions that require an assessment of risk.
The central role in supervising offenders is undertaken by NOMS community-based offender managers and
prison-based offender supervisors. However, all prison staff have a responsibility to contribute to the risk
assessment and management of each prisoner. Some staff will take a primary role, such as offender
supervisors and seconded probation staff; while others have a supporting role, such as personal officers,
workplace supervisors, and education staff.
Good risk assessment and risk management underpin all chapters of the Public Protection Manual and are
relevant to every area of prison life.
For more information, see the NOMS Risk of Harm Guidance and Training Resource and Supplement to Risk
of Harm Guidance (2014).
2
WHAT IS RISK?
2.1
Definition
In general terms the criminal justice system has defined risk as:

the risk of future re-offending & reconviction - the probability that an offender / prisoner will offend,
be arrested, and be reconvicted within two years; and

the risk of serious harm - if reconvicted, the probability that the offence will be one of “serious harm”.
Section 224 of the Criminal Justice Act 2003 defines serious harm (in the sentencing context, when
determining whether an offender presents a significant risk to the public of serious harm by the commission
of further offences) as “death or serious personal injury, whether physical or psychological”. The OASys risk
assessment tool defines “serious harm” in more detail as “an event which is life threatening and/or traumatic
and from which recovery, whether physical or psychological, can be expected to be difficult or impossible”.
1
2.3
The two dimensions of risk
The risk of harm posed by offenders to others can be seen as having two key dimensions:

the relative likelihood that an offence will occur; and

the relative impact or harm of the offence - what exactly might happen, to what or whom, under what
circumstances, and why.
It is important to understand these two dimensions of risk. Some crimes (eg shoplifting) have relatively little
impact or harm but, statistically, are the most common. Others (eg homicide) are rare but cause maximum
damage.
2.4
The level of risk
The level of serious harm is defined by the likelihood of a serious harmful event happening. The levels are:

low: current evidence does not indicate a likelihood of causing serious harm;

medium: there are identifiable indicators of serious harm. The offender has the potential to cause
such harm, but is unlikely to do so unless there is a change in circumstances - for example, failure to
take medication, loss of accommodation, relationship breakdown, drug or alcohol misuse;

high: there are identifiable indicators of serious harm. The potential event could happen at any time
and the impact would be serious;

very high: there is an imminent risk of serious harm. The potential event is more likely than not to
happen as soon as the opportunity arises and the impact would be serious. “Opportunity” can include
the removal or overcoming of controls, and changes in circumstances.
2.5
Who is at risk?
It is important to identify the person or groups of people who are specifically at risk; this allows resources and
protective measures to be applied effectively.
Risk is categorised as risk to:

the public: either generally or a specific group such as the elderly, vulnerable adults (for example,
those with a learning disability), women or an ethnic minority group;

a known adult: such as a previous victim or partner;

prisoners: within a custodial setting;

children: either specific children or children in general who may be vulnerable to harm of various
kinds, including violent or sexual behaviour, emotional harm or neglect, or because they are in
custody;

staff: anyone working with the offender, whether from Probation, the Prison Service, police or other
agency (eg CARATs or health);

self: the possibility that the offender will commit suicide or self-harm.
2
3
RISK ASSESSMENT
Risk assessment is a systematic process to analyse the static and dynamic risk factors relating to
reconviction and risk of serious harm. It is a continuous and evolving process. Ongoing assessment is an
essential element of effective risk management. It involves:

accurate and reliable assessment of risk factors;

day-to-day alertness to, and recording of, information relevant to the assessment of risk; and

a formal review of that risk whenever indicated by an incident, significant further information, a policy
requirement or the demands of a legal process.
3.1
What does a risk assessment aim to do?
A good risk assessment will help to:

make a prediction of risk along both dimensions - likelihood and impact of harm;

identify the likelihood of re-offending;

identify the risk of harm (what harm and to whom?); and

identify the key risk factors that led to the offence under consideration and that should be addressed
to reduce the likelihood of further offending.
Risk assessments should lead to risk management plans that address the risk presented. It is very important
that a risk assessment is:

fair, taking into account personal and situational factors that tend to increase risk and those that help
to reduce risk;

carried out by assessors who are alert to their own possible sources of bias; and

carried out in an organisational context that supports fair and accurate risk assessment.
3.2
Static and dynamic risk factors
Risk factors are the conditions that increase the likelihood, frequency and length of offending behaviour and
form the basis of all risk assessment. Risk factors can be broadly categorised as static or dynamic.

Static factors cannot be changed or influenced and are based on historical events or characteristics
such as the offender’s gender, age, offending history, and previous convictions.

Dynamic risk factors relate to the attitudes, circumstances and behaviours that underpin or support
offending. They are subject to change and include substance misuse, associates and employment.

Acute risk factors are those that can change quickly over days or hours. Their emergence indicates
a period of critical risk in which serious offending is more likely than not to occur. Examples are
increased levels of substance misuse, or the destabilisation of socio-economic factors such as loss
of accommodation.
3.3
Risk assessment tools
The main approaches to risk assessment are clinical assessments based on professional judgement, actuarial
assessment based on statistical predictions relating to groups of offenders, and holistic assessments that
combine the two.
3
The table below outlines the main risk assessment tools routinely used by NOMS staff. All require training for
them to be used properly; SARN, Risk Matrix 2000 and SARA require users to have completed accredited
training as a condition of use.
Tool
Description
Used by
OASys
OASys is a structured, evidence-based risk assessment tool
for adult (age 18+) offenders. It is used at pre-sentence
report stage and during prison sentences (1 year plus), and
most Community and Suspended Sentence Orders involving
supervision or other rehabilitative requirements. It helps to
assess offending-related needs and risk of serious harm,
estimate the likelihood of violent and non-violent reoffending, and construct Risk Management and Sentence
Plans. Assessments are reviewed periodically during the
sentence.
Asset is a structured assessment tool for young offenders
who come into contact with the criminal justice system. It
considers the offence and identifies factors that may have
contributed to the offending behaviour. Asset can be used to
inform court reports and sentence planning, and will highlight
any particular needs or difficulties the young person has.
Structured Assessment of Risk and Need for sex offenders.
This identifies treatment needs against risk factors across
four risk domains:
Offender managers, court
report writers (probation)
Asset
SARN
RM2K
SARA
ARMS

sexual interests

offence-supportive attitudes

relationships
 self-management.
These in turn inform a final risk report. The assessment is
evidence-based and can be used alongside other
assessment tools to contribute to an individual’s risk
management.
Risk Matrix 2000 is an evidence-based risk assessment tool
that uses static risk factors to measure risk of sexual
reconviction, it applies to male 18+ sex offenders who
committed a sexual offence aged 16+.
The Spousal Assault Risk Assessment (SARA) tool is a
structured, 20-item framework of known risk indicators
related to risk assessment for spousal abuse. It helps to
guide and inform practice through structured professional
judgement. SARA draws on empirical studies and literature
reviews that identify certain factors as the most common
predictors of domestic abuse. It is intended to help assess
criminogenic need in relation to domestic abuse, and to
order priorities regarding the reduction of the risk of harm
within the sentence plan.
The Active Risk Management System is an acute and
dynamic risk management framework for male sex offenders
aged 18+ which guides professional judgement in relation to
risk and protective factors and the priority level they should
4
Offender supervisors (HMPS)
Youth Offending Teams
Sex Offender Treatment
Programme staff from prison
and probation complete the
assessment grid and risk report
at the end of a treatment
programme.
Police, probation and prison
practitioners
Probation / prison practitioners
Probation / prison practitioners
be afforded. Information feeds into the OASys RoSH and
Sentence Management Plan.
4
RISK MANAGEMENT
Risks cannot necessarily be eliminated but they can be reduced. Risk management should therefore be
understood as risk reduction rather than elimination, reducing:

the factors that lead to risks occurring; and

the impact of the risk once it has occurred.
This approach is often described as “harm reduction” and is widely used in the treatment of drugs and alcohol
abuse. The key principles of harm reduction are that a reduction in the frequency of harmful behaviours is a
gain, as it reduces the number of victims; and that any positive change in harmful behaviours will reduce the
effect of such behaviours on others.
Risk management should be:

protective - offers reasonable protection to victims;

proportionate - matched to the risks identified and neither over- nor under-intrusive;

fair and just - justified, non-discriminatory, not over-intrusive towards particular groups;

defensible - open and transparent to public accountability, with clear decision-making;

realistic and achievable.
4.1
Risk management components
Risk management has three basic components; risk management plans may involve any or all three.

Intervention programmes are defined as programmes designed to help offenders to change their
criminal behaviour through control or management of thinking patterns, feelings, drives and attitudes.
Intervention programmes may use a range of methods, but in practice have been based on intensive
cognitive-behavioural methods delivered both in custody and in the community. These programmes
are not the only types of interventions to reduce risk. Others include rehabilitative interventions (eg
stable accommodation) and protective interventions (eg being part of a pro-social network).

Restrictive conditions are those conditions that restrict where an offender can go, or live, what he
or she can do, and whom he or she can contact. Offenders may have a condition to reside in a certain
place (such as a hostel or approved premises) or not to enter a particular area. They can also be selfimposed (such as an offender committing to attend AA meetings). Restrictive conditions are specific
to individual offenders. It is important that they match the assessed risk factors, and are proportionate,
justified and workable in practice. It is also important that they are monitored, and enforced if
breached.

Monitoring, surveillance and control procedures are those that provide a watching eye over the
offender. They are usually used to monitor compliance with restrictive conditions, to monitor grooming
activities and to gain further information on networks and criminal activities. These procedures can
include electronic tagging, the use of CCTV, and police observation. In prison they can include
monitoring mail and phone calls, and visitor and offender contacts.
5
4.2
The role of prison staff in risk management
Protecting the public and risk management are the responsibility of all staff and should be embedded in all
areas of prison life. Staff should:

look, listen, observe, record and report information about the offender, using the most suitable means;

remember that even small pieces of information can be crucial to risk assessment and effective
management;

work as part of a team - multi-disciplinary and team-based assessment and management are more
effective;

guard against over-familiarity with the offender - it is important to develop rapport but also imperative
to remain objective;

support and not undermine key messages of the programme or one-to-one work;

not collude with offending behaviour, anti-social attitudes, or justifications that blame the victim;

watch for patterns of behaviour; and

be aware that risk levels change.
4.3
Assumptions and motivation to change
It is crucial that staff regard public protection as paramount and do not make assumptions about the risk posed
by an offender. Offenders must be given a chance to show motivation to change, but decisions about risk
levels should be made only after a careful assessment. Although positive improvements and motivation to
change can indicate a reduction in risk of re-offending and serious harm, that is not always the case. The
following are common assumptions:

the passage of time since an offence was committed automatically decreases risk;

if an offender is pleasant, courteous and punctual, their risk of re-offending or causing serious harm
has changed;

progress made by an offender automatically means a lower risk of re-offending;

compliance with the requirements of their sentence means they will not offend (false compliance may
conceal significantly elevated risk)

good progress in custody is always an indicator expected progression in the community on eventual
release (especially during the early days of release when different environments and pressures can
be a factor)
4.4
Defensible decision-making
All risk management actions should be defensible. A defensible decision will withstand scrutiny about whether
all steps were reasonably taken that could have been taken, should the case go wrong and negative outcomes
occur. A decision is defensible if, in spite of a negative outcome, it can be demonstrated that all reasonable
steps had been taken, commensurate with a staff member’s roles and responsibilities.
This is particularly important for all organisations that work with offenders who pose a high risk of serious
harm, and where risk assessment and management failures can be very costly for victims and damaging for
organisational credibility. Cases managed by Probation are subject to a Serious Further Offence Review, if
an offender commits a further serious offence while probation has statutory responsibility for them. The
investigation progress for prisons has similar aims.
6
Chapter 2
MULTI-AGENCY PUBLIC PROTECTION ARRANGEMENTS
1
INTRODUCTION
This chapter provides background and guidance for Governors and Deputy Directors of Custody (DDCs) in
the Regions. It explains their obligations under the Multi-Agency Public Protection Arrangements (MAPPA).
A full copy of the National MAPPA Guidance is available on the MAPPA website.
The Criminal Justice and Court Services Act 2000 required the police and Probation Trusts (now the National
Probation Service, NPS) to establish Multi-Agency Public Protection Arrangements (MAPPA) to protect the
public, including previous victims of crime, from serious harm by sexual, violent and other dangerous
offenders. The Prison Service became part of the Responsible Authority, which governs MAPPA, when the
Criminal Justice Act 2003 was implemented. MAPPA Guidance has been issued by the Secretary of State
for Justice under the CJA 2003 in order to help the relevant agencies in dealing with MAPPA offenders.
MAPPA is not a statutory body in itself but is a mechanism through which all agencies can better discharge
their statutory responsibilities, and protect the public in a co-ordinated manner.
2
DESCRIPTION OF MAPPA
The organisational structure of MAPPA can be explained by looking at each of the main elements and
describing their functions:
2.1

the Responsible Authority National Steering Group (RANSG)

Strategic Management Boards (SMBs)

the Responsible Authority (RA)

“Duty to Co-operate” (DTC) bodies

MAPPA Co-ordination Unit
Responsible Authority National Steering Group
The Responsible Authority National Steering Group (RANSG) has been formed to steer MAPPA. It is the
national co-ordinating body tasked with oversight of MAPPA and ensuring its continued development. It is
chaired by the Head of the Offender Management and Public Protection Group (OMPPG) in NOMS. The
RANSG produces a national MAPPA business plan annually, which the Responsible Authority is required to
mirror in the Strategic Management Board business plan.
2.2
Strategic Management Boards
Strategic Management Boards (SMBs) are responsible for the strategic arrangements in each of the 42
MAPPA areas, and are required to meet at least three times a year.
The role of each SMB is to keep its local arrangements under review, with a view to monitoring their
effectiveness and making any changes to them that appear necessary or expedient.
7
The effective operation of an SMB includes the following:

monitoring and evaluating the operation of MAPPA;

establishing connections that support effective strategic and operational work with other public
protection arrangements, such as Local Safeguarding Children’s Boards, Local Crime and Disorder
Partnerships, and Local Criminal Justice Partnerships;

preparing an annual business plan, in accordance with the RANSG Business Plan;

collecting data to populate the annual report and national statistics;

planning the longer-term development of MAPPA in the light of regular (at least annual) reviews of the
arrangements, and with respect to legislative and wider criminal justice changes;

identifying and planning how to meet common training and developmental needs of those working in
MAPPA agencies;

ensuring that MAPPA operations are consistent with the national MAPPA Guidance. The SMB must
approve and record any departures from the Guidance;

developing an information-sharing agreement to regulate the sharing of information with other DTC
bodies; and

ensuring that ViSOR is populated and used in accordance with the relevant agencies’ agreed business
models and ViSOR National Standards.
2.3
The Responsible Authority (RA)
The Responsible Authority consists of the police, the NPS and the Prison Service acting jointly in each MAPPA
area. The three services work together to ensure that the appropriate resources are available to manage the
risks posed by sexual, violent and other dangerous offenders in the community, and ensure that the public are
protected as far as possible. Governors and Deputy Directors of Custody are expected to play an effective
and appropriate part in the management of the MAPPA.
The RA must:

make arrangements for assessing and managing the risks posed by sexual and violent offenders in
its area;

co-operate with a list of other agencies, including the local authority and Youth Offending Teams
(YOTs), who have a reciprocal duty to co-operate with the Responsible Authority;

review and monitor the effectiveness of its arrangements, and publish an annual report;

work alongside lay advisers appointed by the Secretary of State; and

consider disclosing information about previous convictions in order to protect the public.
2.4
Duty to Co-operate (DTC) bodies
MAPPA and the duty to co-operate are a means of enabling different agencies to work together. Section
325(3) of the CJA 2003 imposes a duty to co-operate with the RA on, among others, the following public
service organisations:

YOTs

Department for Work and Pensions

the Local Education Authority

local social services

local authority Children's Services departments

local housing authorities
8

registered social landlords

health trusts, authorities and commissioning groups

National Health Service Commissioning Board

electronic monitoring (EM) providers

Home Office Immigration Enforcement
The DTC bodies are expected to carry out their statutory duties and are required to co-operate with the RA in
its task of assessing and managing risk. The duty to co-operate may include the exchange of information.
The RA is required to agree a memorandum of understanding with each DTC body setting out how they will
co-operate.
While the principal responsibility for protection of the public from sexual and violent offenders rests with the
criminal justice agencies, the effectiveness of public protection often requires more than just a criminal justice
response. Other agencies, for example those providing help with employment, training, and accommodation,
play an important role in helping offenders to resettle and can help to reduce re-offending. Their important
contribution is highlighted in cases where offenders have mental health problems or where they pose a risk of
harm to children.
2.5
MAPPA co-ordination
MAPPA co-ordination is a dedicated function carried out on behalf of the RA, and accountable to the SMB.
MAPPA co-ordination aims to ensure that multi-agency risk management is focused on the right people in a
timely and efficient manner. It helps ensure the preparation of robust and defensible plans that address known
indicators of serious harm to others.
In small areas, it may be possible for the co-ordination role to be undertaken by an individual. In larger areas,
co-ordination might be undertaken by several people within the RA, either as a role or on a geographical basis.
3
THE PRISON’S STRATEGIC ROLE WITHIN MAPPA
The Prison Service is part of the RA as outlined in ss.325 to 327B of the Criminal Justice Act 2003. It is
fundamental to the operation of MAPPA.
The Prison Service has a critical role to play in the management of MAPPA offenders. As part of the RA, it
exchanges information regarding MAPPA offenders at key points in their sentence and on release.
The expectation is that the Prison Service will be represented at each SMB in its region. Representation must
be at a senior enough governor grade to give the necessary authority to participate effectively. This should
be the DDC or a senior manager with the authorisation to take decisions and act on the DDC’s behalf. Where
responsibility is delegated, the DDC must ensure that the police and the NPS in each area are aware that
their representative has full delegated authority to act on their behalf. It is essential that these arrangements
are supported appropriately and that the Prison Service representative is personally engaged in all MAPPA
areas within the prison region.
Executive Governors of reform prisons and the DDCs of the high security, young persons’ and women’s estate
may decide to be separately represented at the SMB. However, because of the wide catchment area, as with
9
other prisons, the DDC or person with delegated responsibility for the geographical region may be best placed
to represent these prisons. The DDCs will need to liaise and decide in each region who should attend.
Agreements should also be made with the contracted-out prisons in each region about their involvement in
MAPPA and the SMB. The DDC or person with delegated responsibility could also be the representative for
contracted out prisons. Whoever attends, it is crucial that there is good liaison between all establishments
within a region, and that information is shared with all relevant establishments.
In order to comply with the national Key Performance Indicator, DDCs must ensure that prisons are
represented at all SMB meetings.
3.1
Identification of MAPPA offenders
It is the Prison Service’s responsibility to identify all categories of MAPPA offender who receive a custodial
sentence; this must be done within 3 days of sentence. This is identification only and not setting the level of
management. That is done as part of pre-release preparation by the relevant NPS Division.
Governors must ensure that there are processes in place to make certain that all categories of MAPPA
offenders entering custody are identified following reception procedures at each establishment, and that the
Prison Service case management system is marked accordingly. The appropriate alerts must be placed on
the Prison Service case management system, Prison-NOMIS recording the MAPPA category.
Governors must also ensure that establishments request partnership to all the ViSOR records of MAPPA
offenders so that they can enter relevant information on ViSOR. The relevant alert must also be placed on
Prison-NOMIS in relation to ViSOR.
MAPPA offenders fall into one of the following categories:
Category 1 - registered sex offenders (RSOs)
This category covers offenders who are required to comply with the registration and notification requirements
in Part 2 of the Sexual Offences Act 2003. Further details can be found that Act and in Appendix 2 of the
MAPPA Guidance.
Category 2 - violent and other sexual offenders
This category includes those convicted (or found not guilty by reason of insanity or to be unfit to stand trial
and to have done the act charged) of murder or a relevant offence under Schedule 15, CJA 2003 and:

who have been sentenced to 12 months or more in custody or detention, including indeterminate
sentences; or

who have been sentenced to 12 months or more in custody or detention and are transferred to hospital
under s.47 or s.49 of the Mental Health Act 1983 (MHA 1983); or

who are detained in hospital under s.37 of the MHA 1983, with or without a restriction order under
s.41 of that Act.
See Annex A for the full list of Schedule 15 offences, plus offences added by s.327(4A) of the Criminal Justice
Act 2003 that are managed the same way.
10
In the majority of cases where a sexual offence attracts the serious penalties described above, the offender
will also be liable to registration as a sexual offender and so will be in Category 1. However, a number of
sexual offences listed in Sch.15 of the CJA 2003 do not attract registration. These are listed in Appendix 8 of
the MAPPA Guidance. Furthermore, some sexual offences attract sex offender registration only when
specified threshold criteria are met. When an offender is convicted of a Schedule 15 offence and receives a
disposal that qualifies for Category 2 but does not reach the sentence threshold for sex offender registration,
they will be identified as Category 2.
Murder, although not included in the Schedule 15 offence list, also identifies an offender as Category 2.
Category 3 - other dangerous offenders
This covers people who have been cautioned for or convicted of an offence that indicates that they are capable
of causing serious harm and that requires multi-agency management. This might not be for an offence under
Sch.15 of the CJA 2003.
To register a Category 3 offender, the RA must establish that the person has committed an offence that
indicates that he or she is capable of causing serious harm to the public, and must reasonably consider that
the offender may cause serious harm to the public that requires a multi-agency approach at Level 2 or 3 to
manage the risks. Although any agency can refer an offender for consideration as a Category 3 case, it is for
the MAPPA co-ordination unit on behalf of the RA to determine whether the offender meets the criteria.
3.2
Levels of management under MAPPA
The central question in determining the correct MAPPA level is:
“What is the lowest level of case management that provides a defensible risk management plan?”
The overriding principle is that cases should be managed at the lowest appropriate level, determined by
defensible decision-making. The three levels enable resources to be deployed to manage identified risk in
the most efficient and effective manner. Although there is a correlation between the level of risk and the level
of MAPPA management, there is not necessarily a direct equivalence. This means that not all high-risk cases
will need to be managed at Level 2 or 3. Although MAPPA management does not always correspond directly
to the risk of serious harm at which the offender has been assessed, risk will always be central to the reasons
for increased oversight and management.
The three levels of MAPPA management are:

Level 1: ordinary agency management.

Level 2: multi-agency management, and

Level 3: enhanced multi-agency management.
Level 1 cases
Ordinary agency management (Level 1) is used where the risks posed by the offender can be managed by
the agency responsible for the supervision or case management of the offender. This does not mean that
other agencies will not be involved, only that it is not considered necessary to refer the case to a Level 2 or 3
MAPPA meeting.
11
The RA agencies must have arrangements in place to review cases managed at Level 1 in line with their own
policies and procedures.
Level 2 cases
Cases should be managed at Level 2 where the offender:

is assessed as posing a high or very high risk of serious harm, or

the risk level is lower but the case requires the active involvement and co-ordination of interventions
from other agencies to manage the presenting risks of serious harm, or

the case has been previously managed at Level 3 but no longer meets the criteria for it, or

multi-agency management adds value to the lead agency’s management of the risk of serious harm
posed.
Level 2 case meetings are recommended to take place a minimum of every 16 weeks.
Level 3 cases
Level 3 management should be used for cases that meet the criteria for Level 2 but where it is determined
that the management issues require senior representation from the RA and DTC agencies. This may be when
there is a perceived need to commit significant resources at short notice or where, although not assessed as
high or very high risk of serious harm, there is a high likelihood of media scrutiny or public interest in the
management of the case and there is a need to ensure that public confidence in the criminal justice system is
maintained.
Level 3 case meetings are recommended to take place a minimum of every 8 weeks.
3.4
ViSOR
ViSOR is a secure, shared MAPPA database. It provides a central store for up-to-date information about
offenders that can be accessed and updated by the three RA agencies. It is classified as Official (Sensitive).
ViSOR enables the prompt sharing of risk assessment and risk management information on individual
offenders who are deemed to pose a risk of serious harm to the public. It improves capacity to share
intelligence and improves the safe transfer of key information when these offenders move between areas.
This enhances public protection measures. ViSOR also acts as a central store for MAPPA minutes.
The police are responsible for creating and managing ViSOR records for MAPPA Category 1 offenders. The
NPS is responsible for creating and managing ViSOR records for MAPPA Category 2 offenders, but will only
enter those managed at Level 2 or 3. Although it is not a mandatory requirement, some MAPPA areas
routinely create VISOR records for MAPPA Category 2 offenders managed at level 1. NPS must create and
manage ViSOR records for all MAPPA Category 2 offenders, no later than 6 months before release from
prison, YOI or hospital. This excludes Registered Terrorist Offenders subject to Part 4 notification
requirements - the police are responsible for creating and managing these Category 2 cases. NPS will be
responsible for the records of those MAPPA Category 3 offenders where the case had been actively managed
by NPS.
The Prison Service is responsible for requesting partnership to ViSOR nominals on reception to an
establishment, and to ensure that intelligence is entered onto ViSOR. Governors must ensure that ViSOR is
12
populated and used in accordance with the relevant agencies’ agreed business models and ViSOR Standards.
More information on ViSOR, including the creation and management of ViSOR records, is in Chapter 3.
3.5
Sharing information
It is good practice for Governors to have protocols in place that enable establishments to share information.
This can help clarify the role the establishment will play in sharing information with other agencies for risk
assessment and risk management purposes. Regardless of whether a written protocol is in place, it is
important that there is an exchange of information throughout sentence, prior to and on release, to inform risk
assessment and the risk management plan.
Information sharing should follow the principles in the Data Protection Act 1998, including that it should be
lawful, necessary and proportionate. The purpose of sharing information is to enable agencies to work
together more effectively. However, information that is shared under MAPPA remains the responsibility of the
agency that owns it, and it will be for the relevant agency to deal with subject access requests under the Data
Protection Act 1998. MAPPA is not an agency in itself that is responsible for information processing.
With specific regard to prisons, effective information sharing can be more easily achieved where a single point
of contact is established within each prison. Governors will therefore need to consider whether establishing
a full- or part-time public protection manager and/or co-ordinator post is the best way of meeting their
commitment to MAPPA. Governors must also ensure that information about risk assessment and risk
management is shared between departments within the establishment, and that information about high-risk
offenders is co-ordinated through Inter-Departmental Risk Management meetings.
3.6
Risk assessment
Each establishment should have a local Inter-Departmental Risk Management Team (IRMT) set up in order
to monitor relevant cases while in custody. The chair and IRMT members are responsible within the prison
for monitoring those offenders who present the highest level of risk of serious harm.
The Inter-Departmental Risk Management meeting (IRMM) should act as a forum where information in relation
to risk can be shared and acted upon. Governors must ensure that information from the IRMM is shared with
the offender manager and is incorporated into the sentence planning process as part of offender management.
Offender supervisors are responsible for feeding into this process and the offender supervisor should attend
the IRMM when his or her case is being discussed. Information from the IRMM will assist in the preparation
of the MAPPA F, which is the formal Prison Service information-sharing report for MAPPA offenders who are
managed at Level 2 or 3. The offender manager must be invited to these meetings and provided with minutes
of the IRMM, whether or not he or she attends. The offender manager must be informed of any behaviour of
concern, changes to the level of risk of serious harm, or significant changes in an offender’s personal life, such
as the end of a significant relationship.
3.7
Risk management
As part of the RA, the Prison Service must be invited to all Level 2 and 3 MAPPA meetings for all relevant
prisoners. Invitations must be sent to the prison by the MAPPA administrator in the community, allowing
enough time for the different departments within a prison to contribute effectively to the meeting. The prison
should receive an invitation no later than 14 days before the MAPPA meeting.
13
Most prisons operate secure functional mailbox addresses. MAPPA invitations and related correspondence
should be sent to the functional mailbox. Each establishment should ensure that the OMU has a functional
mailbox set up using a secure address. It is the responsibility of the prison to ensure that the inbox is checked
daily. OMPPG provides MAPPA co-ordinators and SMB chairs with a database of all functional mailbox
addresses for prisons across England and Wales, updated quarterly.
The chair of the IRMM, or an appropriate senior manager, should identify the most suitable person from the
prison to attend a MAPPA meeting when invited. The representative must be a balance of someone with the
right knowledge of the offender and someone who has the authority to make decisions. This should be
considered for all MAPPA meetings and a decision made on a case-by-case basis. Because of geographical
and functional differences it may not always be possible for a prison representative to attend a MAPPA
meeting in person. Alternatives such as video link and telephone conferencing should be explored where
possible.
3.8
Prison engagement in MAPPA meetings
As a minimum the Prison Service must provide a comprehensive written report on MAPPA F. The template
and guidance notes can be found in Annex B.
Where the RA requires a multi-agency meeting before a prisoner’s release, the Governor must ensure that
any relevant information is presented to that meeting when requested. This includes meetings held outside
the local area, where the Governor can either send a representative or attend via video or telephone
conferencing. In all cases the Governor must also submit a written report where one has been requested.
Where a representative is sent they must be familiar with the cases they represent, and must be able to go
with knowledge of prison processes and of risk / needs assessment and management. In some cases it may
be appropriate for a senior prison manager to attend. This needs to be considered for all invitations and a
decision made case by case.
Engaging in MAPPA at operational level is not simply about representation at Level 2 and 3 meetings. More
importantly, it is to ensure that all relevant information about an offender is shared, together with any additional
advice about release arrangements. This will include giving advice to MAPPA colleagues in the community
about Prison Service systems and procedures such as transfer between establishments, regime programmes,
monitoring of prisoners’ communications, and re-categorisation.
Level 2 and 3 meetings will benefit from the following information:

information received from the monitoring of prisoners’ communications

specific issues raised in IRMM

progress on offending behaviour programmes and within the work or learning environment

information on prison and external associates

contacts / attempts to contact victims

paedophile networking patterns

breach of restrictions in relation to safeguarding children

concerns in relation to harassment procedures / domestic abuse

response to staff and other forms of authority

disciplinary reports

suicide / self-harm risk
14

health issues, including mental health

information about controlled materials
Note: information must be exchanged for all levels of MAPPA management, including Level 1 offenders. How
information is exchanged will depend on the level of management. Prisons will need to ensure that there are
processes in place to exchange information in relation to Level 1 offenders.
The prison can take specific actions to assist in the risk management plan, for example, monitoring of a
prisoner’s communications. Prison staff may also be able to comment on measures that could be used to
strengthen the management of risk. In these cases it will be particularly important for a representative to be
sent where there is an indication that the offender’s release from custody might include:

the imposition of additional licence conditions;

the use of electronic monitoring (seek advice from NOMS OMPPG);

transferring the prisoner to an establishment from which release can be better managed, for local
discharge;

arranging for the offender to be accompanied on release from the establishment to the designated
accommodation and/or appointments;

the use of a Sexual Offences Prevention Order or Sexual Harm Prevention Order;

the use of a “contract” agreed with the offender, particularly in cases where there is a very short period
of supervision on licence or none at all; and/or

in exceptional cases, the use of surveillance.
It will also be important for the prison to engage in the MAPPA process to inform parole reports and risk
management plans.
Governors must have a process in place to ensure that the prison carries out any actions from the MAPPA
meeting. Where actions are set in relation to the interception of a prisoner’s mail and telephone calls, or
actions around social visits, a designated member of prison staff at the meeting should be identified to take
any actions forward. If there is a request for local discharge, a designated person at the meeting should also
be identified to take it forward and link with the relevant senior manager at the establishment to progress it.
MAPPA minutes must be recorded on ViSOR. The prison can then access them through this route. An email must be sent by the MAPPA administrator to the secure functional mailbox at the prison to confirm when
the minutes are available. MAPPA minutes must be available within five days for a Level 3 meeting and within
ten days for a Level 2 meeting.
4
NOTIFICATION OF RELEASE
Establishments must ensure that they provide early information to the offender manager about a prisoner’s
release date. This should be calculated at the earliest opportunity after the sentence begins and should be
sent to the offender manager. The prison should also ensure that release information is entered on ViSOR.
This information should be provided at least 8 months before release wherever possible. It is essential that
release dates are as accurate as possible, as late changes can adversely affect the risk management plan
and the protection of the public.
This will require staff involved in sentence calculation to re-calculate, as far as is practicable, any last-minute
changes that could affect the release date and subsequent release plans. This information will also be entered
15
on the relevant ViSOR record, in appropriate cases by prison staff, and will be confirmed with the offender
manager.
Where Level 2 and 3 offenders are to be released under emergency measures or following a judicial review,
the Prison Service must confirm the release information as a matter of urgency.
Although sentence calculations are completed shortly after sentence, the initial release date may be adjusted
in certain circumstances such as:

the award or restoration of days added to a sentence by an Independent Adjudicator, Senior District
Judge or deputy (see PSI 47/2011 Prisoner Discipline Procedures) as a disciplinary sanction;

the deduction of days an offender spent on remand or in police custody before being sentenced;

the addition of any days an offender has spent unlawfully at large, after recall, to produce a notional
Licence Expiry Date;

the imposition of a further sentence; or

variation of the sentence following appeal or judicial review.
High-risk offenders are not often
unexpectedly released early, but it does occasionally happen, often as a result of a court decision.
Although it is not possible to predict the outcome of a hearing, it is essential that the offender manager
is made aware when permission has been granted and when the hearing will take place, so that a
contingency plan can be considered.
Governors must ensure that release dates are calculated according to the relevant legislation. While they
have no discretion, a change in release date of just one day can seriously undermine the release plan. To
minimise the likelihood of last-minute changes in release dates, it is essential that the OMU within the prison
ensures that all relevant factors have been taken into account at the point when the sentence is first calculated
and after any event that might change the release date, and that this is checked and confirmed whenever a
prisoner moves establishment. The offender manager must be informed at the earliest possible opportunity
about any changes to the offender’s release date.
For indeterminate sentence prisoners, the release date is subject to parole board decisions. Refer to PSI
22/2015 AI 11/2015 PI 14/2015 Generic Parole Process (GPP) for Indeterminate and Determinate Sentenced
Prisoners for the GPP timetable.
Where a high-risk prisoner’s proposed area of release is some distance from the establishment in which he or
she is held, Governors are advised to consider the feasibility of early transfer to the area of discharge to assist
in the handling of release arrangements.
It is recognised that even with early planning, the actual release date can vary if prisoners seek remission of
added days or are credited with time spent on remand or in police custody. Release dates brought forward
unexpectedly can adversely affect release arrangements, particularly where a Level 2 or 3 meeting is planning
to a known date on which, for example, an Approved Premises place is becoming available for a high-risk
prisoner. It is imperative that such prisoners are released with an appropriate release plan. Governors must
ensure that all staff involved in sentence calculation, decisions to restore added days, and facilitating release
arrangements for high-risk prisoners, are aware of the need to advise the police and probation immediately of
any unexpected changes to release dates or release arrangements.
16
4.1
Setting the MAPPA level before release
As already stated, setting the MAPPA level of management is not the responsibility of the Prison Service.
Once information about the level of management is received from the lead agency, the prison must record it
on Prison-NOMIS.
The MAPPA level should be set at least 6 months before release. For determinate sentences, this is 6 months
before the actual release date. For those eligible for parole the level will be set at least 6 months before the
parole eligibility release date. There may be some cases where the process needs to start earlier because of
the complexity and seriousness of the case or the shortness of the custodial part of the sentence left to serve
before early release is considered. The Prison Service will contribute to the level setting through participating
in the risk assessment and risk management plan.
Prison staff should make reasonable attempts to contact the NPS offender manager to establish the MAPPA
level, if this has not been communicated to the prison six months before the release or parole eligibility date.
Prison staff should use Annex C to escalate the matter to MAPPA co-ordinators when contacting the offender
manager has been unsuccessful. The MAPPA co-ordinator will highlight the matter to the responsible NPS
local delivery unit manager. An updated list of MAPPA co-ordinator contacts can be found on the MAPPA
website.
When a MAPPA offender is recalled to prison, his or her MAPPA management level must be reviewed before
release.
4.2
MAPPA Level 3 cases - discharge to Approved Premises
Under s.13 of the Prison Act 1952, a prisoner being taken somewhere they are required or authorised under
the law to be taken is deemed to be in the legal custody of the Governor while outside the prison, provided
they are under the custody or control of a prison officer. Effectively, this means that on the day of discharge
the prisoner is still in custody outside the prison until formally discharged. The prisoner will need to be with
an escorting prison officer and someone with delegated authority to discharge a prisoner, in line with the
requirements set out in PSI 72/2011 Discharge.
Despite the fact that the prisoner will not be discharged on-site, it is important to follow as far as possible the
procedure set out in PSI 72/2011 as if they were being discharged on-site.
The precedent for off-site discharges has already been set in the context of hospital escorts that extend
beyond release dates. This strategy has real benefits in terms of a greater chance of offenders’ compliance
with their licences and less opportunity to cause harm to the public.
This practice should be used only in exceptional circumstances and so should apply only to offenders who
are identified as Level 3 and who have previously been breached for failing to attend when being transferred
to an Approved Premises. The need for an escort must be discussed at the MAPPA meeting responsible for
the management of the offender. The MAPPA Chair must consult with the Governing Governor, and request
a release in these circumstances. If the Governor agrees, the prison should liaise with the police as the escort
itself should have a police presence.
Alternatively, the prison can arrange for the police to come into the establishment to collect the offender.
17
4.3
Release on temporary licence and moves to open conditions
The risk of serious harm assessment in OASys is one of the determining factors in operational decisions to
grant ROTL or re-categorise an offender as suitable for open conditions. Such decisions should not depend
on whether a MAPPA level has been set but, where it has been set, relevant information from any meetings
in relation to MAPPA should be a contributing factor in the decision-making process, with appropriate
consultation with the MAPPA co-ordinator. MAPPA meetings should not be held just for the purpose of
deciding whether or not ROTL should be granted. The final decision in granting ROTL or re-categorisation
lies with the Prison Service, except for re-categorisation for indeterminate sentenced prisoners to open
conditions.
Since the introduction of PSI 13/2015 – PI 10/2015 Release on Temporary Licence, all MAPPA offenders are
subject to the Restricted ROTL regime. For these offenders a period of ROTL can be considered only once
the offender has progressed to a prison designated to provide restricted ROTL. Using the ROTL-POL and
ROTL-OM forms, both the NPS offender manager and the relevant police force will be asked to contribute to
the ROTL risk assessment. The prison will inform both the Force Intelligence Bureau and NPS OM of the final
decision, using the ROTL-NOT template. If an offender has been assessed as requiring management at Level
2 or 3 when they are due to be released on any form of temporary release into the community from prison, the
Governor (in consultation with the MAPPA co-ordinator for the area where the ROTL is planned) must be
satisfied in advance that there is not a high risk of serious harm to the public. These discussions will also
include temporary licence conditions.
Prison staff must ensure that all periods of ROTL are recorded on ViSOR in cases where a record exists.
Where ROTL is granted for regular work, training or other such activity, the entry must show the days and
times when the offender is not within the prison. For further information on Restricted ROTL refer to PSI
13/2015 – PI 10/2015.
The offender manager should also be consulted when an offender serving a determinate sentence is being
considered for a move to open conditions. If the Parole Board agrees to a move to open conditions for an
indeterminate sentence prisoner, the prison must ensure that the offender manager has been informed.
18
Chapter 2
Annex A
Offences specified in Schedule 15 to the Criminal Justice Act 2003
PART 1 - SPECIFIED VIOLENT OFFENCES
1
Manslaughter
2
Kidnapping
3
False imprisonment
4
An offence under section 4 of the Offences against the Person Act 1861 (soliciting murder)
5
An offence under section 16 of that Act (threats to kill)
6
An offence under section 18 of that Act (wounding with intent to cause grievous bodily harm)
7
An offence under section 20 of that Act (malicious wounding)
8
An offence under section 21 of that Act (attempting to choke, suffocate or strangle in order to commit
or assist in committing an indictable offence)
9
An offence under section 22 of that Act (using chloroform etc. to commit or assist in the committing
of any indictable offence)
10
An offence under section 23 of that Act (maliciously administering poison etc. so as to endanger life
or inflict grievous bodily harm)
11
An offence under section 27 of that Act (abandoning children)
12
An offence under section 28 of that Act (causing bodily injury by explosives)
13
An offence under section 29 of that Act (using explosives etc. with intent to do grievous bodily harm)
14
An offence under section 30 of that Act (placing explosives with intent to do bodily injury)
15
An offence under section 31 of that Act (setting spring guns etc. with intent to do grievous bodily
harm)
16
An offence under section 32 of that Act (endangering the safety of railway passengers)
17
An offence under section 35 of that Act (injuring persons by furious driving)
18
An offence under section 37 of that Act (assaulting officer preserving wreck)
19
An offence under section 38 of that Act (assault with intent to resist arrest)
20
An offence under section 47 of that Act (assault occasioning actual bodily harm)
21
An offence under section 2 of the Explosive Substances Act 1883 (causing explosion likely to
endanger life or property)
22
An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosive
with intent to endanger life or property)
22A
An offence under section 4 of that Act (making or possession of explosive under suspicious
circumstances)
23
An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction)
24
An offence under section 1 of the Children and Young Persons Act 1933 (cruelty to children)
25
An offence under section 1 of the Infanticide Act 1938 (infanticide)
26
An offence under section 16 of the Firearms Act 1968 (possession of firearm with intent to endanger
life)
19
27
An offence under section 16A of that Act (possession of firearm with intent to cause fear of violence)
28
An offence under section 17(1) of that Act (use of firearm to resist arrest)
29
An offence under section 17(2) of that Act (possession of firearm at time of committing or being
arrested for offence specified in Schedule 1 to that Act)
30
An offence under section 18 of that Act (carrying a firearm with criminal intent)
31
An offence under section 8 of the Theft Act 1968 (robbery or assault with intent to rob)
32
An offence under section 9 of that Act of burglary with intent to (a) inflict grievous bodily harm on a person, or
(b) do unlawful damage to a building or anything in it
33
An offence under section 10 of that Act (aggravated burglary)
34
An offence under section 12A of that Act (aggravated vehicle-taking) involving an accident which
caused the death of any person
35
An offence of arson under section 1 of the Criminal Damage Act 1971
36
An offence under section 1(2) of that Act (destroying or damaging property) other than an offence of
arson
37
An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking)
38
An offence under section 1 of the Aviation Security Act 1982 (hijacking)
39
An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft)
40
An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft)
41
An offence under section 4 of that Act (offences in relation to certain dangerous articles)
42
An offence under section 127 of the Mental Health Act 1983 (ill-treatment of patients)
43
An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (prohibition of female
circumcision)
44
An offence under section 1 of the Public Order Act 1986 (riot)
45
An offence under section 2 of that Act (violent disorder)
46
An offence under section 3 of that Act (affray)
47
An offence under section 134 of the Criminal Justice Act 1988 (torture)
48
An offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving)
48A
An offence under section 3ZC of that Act (causing death by driving: disqualified drivers)
49
An offence under section 3A of that Act (causing death by careless driving when under influence of
drink or drugs)
50
An offence under section 1 of the Aviation and Maritime Security Act 1990 (endangering safety at
aerodromes)
51
An offence under section 9 of that Act (hijacking of ships)
52
An offence under section 10 of that Act (seizing or exercising control of fixed platforms)
53
An offence under section 11 of that Act (destroying fixed platforms or endangering their safety)
54
An offence under section 12 of that Act (other acts of endangering or likely to endanger safe
navigation)
55
An offence under section 13 of that Act (offences involving threats)
56
An offence under Part II of the Channel Tunnel (Security) Order 1994 (offences relating to Channel
Tunnel trains and the tunnel system)
57
An offence under section 4 or 4A of the Protection from Harassment Act 1997 (putting people in fear
of violence and stalking involving fear of violence or serious alarm or distress)
20
58
An offence under section 29 of the Crime and Disorder Act 1998 (racially or religiously aggravated
assaults)
59
An offence falling within section 31(1)(a) or (b) of that Act (racially or religiously aggravated offences
under section 4 or 4A of the Public Order Act 1986)
59A
An offence under section 54 of the Terrorism Act 2000 (weapons training)
59B
An offence under section 56 of that Act (directing terrorist organisation)
59C
An offence under section 57 of that Act (possession of article for terrorist purposes)
59D
An offence under section 59 of that Act (inciting terrorism overseas)
60
An offence under section 51 or 52 of the International Criminal Court Act 2001 (genocide, crimes
against humanity, war crimes and related offences), other than one involving murder
60A
An offence under section 47 of the Anti-terrorism, Crime and Security Act 2001 (use etc of nuclear
weapons)
60B
An offence under section 50 of that Act (assisting or inducing certain weapons-related acts
overseas)
60C
An offence under section 113 of that Act (use of noxious substance or thing to cause harm or
intimidate)
61
An offence under section 1 of the Female Genital Mutilation Act 2003 (female genital mutilation)
62
An offence under section 2 of that Act (assisting a girl to mutilate her own genitalia)
63
An offence under section 3 of that Act (assisting a non-UK person to mutilate overseas a girl’s
genitalia)
63A
An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or
allowing a child or vulnerable adult to die or suffer serious physical harm)
63B
An offence under section 5 of the Terrorism Act 2006 (preparation of terrorist acts)
63C
An offence under section 6 of that Act (training for terrorism)
63D
An offence under section 9 of that Act (making or possession of radioactive device or material)
63E
An offence under section 10 of that Act (use of radioactive device or material for terrorist purposes
etc)
63F
An offence under section 11 of that Act (terrorist threats relating to radioactive devices etc)
63G
An offence under section 1 of the Modern Slavery Act 2015 (slavery, servitude and forced or
compulsory labour)
63H
An offence under section 2 of that Act (human trafficking) which is not within Part 2 of Schedule 15
64
(1) Aiding, abetting, counselling or procuring the commission of an offence specified in the
preceding paragraphs of Part 1 of Schedule 15.
(2) An attempt to commit such an offence.
(3) Conspiracy to commit such an offence.
(4) Incitement to commit such an offence.
(5) An offence under Part 2 of the Serious Crime Act 2007 in relation to which an offence specified
in the preceding paragraphs of Part 1 of Schedule 15 is the offence (or one of the offences)
which the person intended or believed would be committed
65
(1)
(2)
(3)
(4)
An attempt to commit murder.
Conspiracy to commit murder.
Incitement to commit murder.
An offence under Part 2 of the Serious Crime Act 2007 in relation to which murder is the offence
(or one of the offences) which the person intended or believed would be committed
21
PART 2 - SPECIFIED SEXUAL OFFENCES
66
An offence under section 1 of the Sexual Offences Act 1956 (rape)
67
An offence under section 2 of that Act (procurement of woman by threats)
68
An offence under section 3 of that Act (procurement of woman by false pretences)
69
An offence under section 4 of that Act (administering drugs to obtain or facilitate intercourse)
70
An offence under section 5 of that Act (intercourse with girl under 13)
71
An offence under section 6 of that Act (intercourse with girl under 16)
72
An offence under section 7 of that Act (intercourse with a defective)
73
An offence under section 9 of that Act (procurement of a defective)
74
An offence under section 10 of that Act (incest by a man)
75
An offence under section 11 of that Act (incest by a woman)
76
An offence under section 14 of that Act (indecent assault on a woman)
77
An offence under section 15 of that Act (indecent assault on a man)
78
An offence under section 16 of that Act (assault with intent to commit buggery)
79
An offence under section 17 of that Act (abduction of woman by force or for the sake of her property)
80
An offence under section 19 of that Act (abduction of unmarried girl under 18 from parent or
guardian)
81
An offence under section 20 of that Act (abduction of unmarried girl under 16 from parent or
guardian)
82
An offence under section 21 of that Act (abduction of defective from parent or guardian)
83
An offence under section 22 of that Act (causing prostitution of women)
84
An offence under section 23 of that Act (procuration of girl under 21)
85
An offence under section 24 of that Act (detention of woman in brothel)
86
An offence under section 25 of that Act (permitting girl under 13 to use premises for intercourse)
87
An offence under section 26 of that Act (permitting girl under 16 to use premises for intercourse)
88
An offence under section 27 of that Act (permitting defective to use premises for intercourse)
89
An offence under section 28 of that Act (causing or encouraging the prostitution of, intercourse with
or indecent assault on girl under 16)
90
An offence under section 29 of that Act (causing or encouraging prostitution of defective)
91
An offence under section 32 of that Act (soliciting by men)
92A
An offence under section 33A of that Act (keeping a brothel used for prostitution)
93
An offence under section 128 of the Mental Health Act 1959 (sexual intercourse with patients)
94
An offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards
young child)
95
An offence under section 4 of the Sexual Offences Act 1967 (procuring others to commit homosexual
acts)
96
An offence under section 5 of that Act (living on earnings of male prostitution)
97
An offence under section 9 of the Theft Act 1968 of burglary with intent to commit rape
98
An offence under section 54 of the Criminal Law Act 1977 (inciting girl under 16 to have incestuous
sexual intercourse)
22
99
An offence under section 1 of the Protection of Children Act 1978 (indecent photographs of
children)
100
An offence under section 170 of the Customs and Excise Management Act 1979 (penalty for
fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of
the Customs Consolidation Act 1876 (indecent or obscene articles)
101
An offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph
of a child)
102
An offence under section 1 of the Sexual Offences Act 2003 (rape)
103
An offence under section 2 of that Act (assault by penetration)
104
An offence under section 3 of that Act (sexual assault)
105
An offence under section 4 of that Act (causing a person to engage in sexual activity without
consent)
106
An offence under section 5 of that Act (rape of a child under 13)
107
An offence under section 6 of that Act (assault of a child under 13 by penetration)
108
An offence under section 7 of that Act (sexual assault of a child under 13)
109
An offence under section 8 of that Act (causing or inciting a child under 13 to engage in sexual
activity)
110
An offence under section 9 of that Act (sexual activity with a child)
111
An offence under section 10 of that Act (causing or inciting a child to engage in sexual activity)
112
An offence under section 11 of that Act (engaging in sexual activity in the presence of a child)
113
An offence under section 12 of that Act (causing a child to watch a sexual act)
114
An offence under section 13 of that Act (child sex offences committed by children or young
persons)
115
An offence under section 14 of that Act (arranging or facilitating commission of a child sex offence)
116
An offence under section 15 of that Act (meeting a child following sexual grooming etc.)
116A
An offence under section 15A of that Act (sexual communication with a child)
117
An offence under section 16 of that Act (abuse of position of trust: sexual activity with a child)
118
An offence under section 17 of that Act (abuse of position of trust: causing or inciting a child to
engage in sexual activity)
119
An offence under section 18 of that Act (abuse of position of trust: sexual activity in the presence of
a child)
120
An offence under section 19 of that Act (abuse of position of trust: causing a child to watch a
sexual act)
121
An offence under section 25 of that Act (sexual activity with a child family member)
122
An offence under section 26 of that Act (inciting a child family member to engage in sexual activity)
123
An offence under section 30 of that Act (sexual activity with a person with a mental disorder
impeding choice)
124
An offence under section 31 of that Act (causing or inciting a person with a mental disorder
impeding choice to engage in sexual activity)
125
An offence under section 32 of that Act (engaging in sexual activity in the presence of a person
with a mental disorder impeding choice)
126
An offence under section 33 of that Act (causing a person with a mental disorder impeding choice
to watch a sexual act)
23
127
An offence under section 34 of that Act (inducement, threat or deception to procure sexual activity
with a person with a person with a mental disorder)
128
An offence under section 35 of that Act (causing a person with a mental disorder to engage in or
agree to engage in sexual activity by inducement, threat or deception)
129
An offence under section 36 of that Act (engaging in sexual activity in the presence, procured by
inducement, threat or deception, of a person with a mental disorder)
130
An offence under section 37 of that Act (causing a person with a mental disorder to watch a sexual
act by inducement, threat or deception)
131
An offence under section 38 of that Act (care workers: sexual activity with a person with a mental
disorder)
132
An offence under section 39 of that Act (care workers: causing or inciting sexual activity)
133
An offence under section 40 of that Act (care workers: sexual activity in the presence of a person
with a mental disorder)
134
An offence under section 41 of that Act (care workers: causing a person with a mental disorder to
watch a sexual act)
135
An offence under section 47 of that Act (paying for sexual services of a child)
136
An offence under section 48 of that Act (causing or inciting sexual exploitation of a child or
pornography)
137
An offence under section 49 of that Act (controlling a child in relation to sexual exploitation)
138
An offence under section 50 of that Act (arranging or facilitating the sexual exploitation of a child)
139
An offence under section 52 of that Act (causing or inciting prostitution for gain)
140
An offence under section 53 of that Act (controlling prostitution for gain)
141
An offence under section 57 of that Act (trafficking into the UK for sexual exploitation)
142
An offence under section 58 of that Act (trafficking within the UK for sexual exploitation)
143
An offence under section 59 of that Act (trafficking out of the UK for sexual exploitation)
143A
An offence under section 59A of that Act (trafficking for sexual exploitation)
144
An offence under section 61 of that Act (administering a substance with intent)
145
An offence under section 62 of that Act (committing an offence with intent to commit a sexual
offence)
146
An offence under section 63 of that Act (trespass with intent to commit a sexual offence)
147
An offence under section 64 of that Act (sex with an adult relative: penetration)
148
An offence under section 65 of that Act (sex with an adult relative: consenting to penetration)
149
An offence under section 66 of that Act (exposure)
150
An offence under section 67 of that Act (voyeurism)
151
An offence under section 69 of that Act (intercourse with an animal)
152
An offence under section 70 of that Act (sexual penetration of a corpse)
152A
An offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a
view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual
exploitation)
24
153
(1) Aiding, abetting, counselling or procuring the commission of an offence specified in Part 2 of
Schedule 15.
(2) An attempt to commit such an offence.
(3) Conspiracy to commit such an offence.
(4) Incitement to commit such an offence.
(5) An offence under Part 2 of the Serious Crime Act 2007 in relation to which an offence specified
in Part 2 of Schedule 15 is the offence (or one of the offences) which the person intended or
believed would be committed
ADDITIONAL Sch.15 OFFENCES
s.327 of the Criminal Justice Act 2003 has been extended to cover a number of other offences that are not
specified in Sch.15 but qualify offenders for MAPPA management in the same way as Sch.15 offences:
(a) an offence under section 1 of the Child Abduction Act 1984 (abduction of child by parent);
(b) an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004
(trafficking people for exploitation), where the offence is committed against a child;
(c) an offence under section 4(3) of the Misuse of Drugs Act 1971 where the offence is committed by (i) supplying or offering to supply a Class A drug to a child,
(ii) being concerned in the supplying of such a drug to a child, or
(iii) being concerned in the making to a child of an offer to supply such a drug;
(d) an offence of aiding, abetting, counselling, procuring or inciting the commission of an offence specified in
this subsection;
(e) an offence of conspiring to commit an offence so specified;
(f) an offence of attempting to commit an offence so specified.
25
Chapter 2
Annex B
MAPPA F
MAPPA F: Offender Information Sharing Report
1. ESTABLISHMENT / MEETING DETAILS
Establishment:
Date of MAPP meeting:
2. OFFENDER DETAILS
Last name:
First name:
Aliases inc. nicknames:
Gender:
Date of birth:
Ethnicity:
Nationality:
Prison Number:
PNC Number:
Proposed release address:
3. SENTENCE DETAILS
Prison transfer history:
Give dates and names of
establishments held at during current
sentence – include reasons for move if
significant
Current offence:
Remand date:
Length of sentence:
Additional requirements:
26
4. RELEVANT DATES
Home Detention Curfew:
Conditional Release Date:
Parole Eligibility Date:
Non-Parole Date:
Last Parole Review Date:
Next Parole Review Date:
Licence Expiry Date:
Sentence Expiry Date:
Licence Recall Date:
Extended Licence Date:
Release on Temporary Licence:
Tariff Expiry Date:
5. To be completed for FOREIGN NATIONALS only
Recorded with Home Office Immigration
Enforcement?
YES / NO
Home Office number (if known)
Offender subject to deportation?
YES / NO
Offender appealing against
deportation?
YES / NO
Offender to remain in prison custody
after completion of sentence?
YES / NO
Offender assessed by DEPMU as
suitable for immigration removal centre?
YES / NO
6. PRISON CONTRIBUTION TO ASSESSMENT (see guidance notes at the end)
Offender supervisor and supervision
details:
Conduct and behaviour in custody:
Offending behaviour work:
Physical and mental health issues:
Other diversity considerations:
Domestic abuse issues:
Vulnerabilities and risk of suicide or
self-harm:
27
Social visitors / telephone calls and
correspondence:
Restrictions:
Security information:
Summary of main risks identified:
7. LIST REPORTS WHICH HAVE BEEN ATTACHED
8. LIST CONTRIBUTORS TO THIS REPORT
Name and role
Contact details
9. REPORT WRITER DETAILS
Name:
Grade:
Office:
Telephone number(s):
Email address:
10. COUNTERSIGNING MANAGER TO COMPLETE
Name:
Grade:
Office:
Telephone number(s):
Email address:
28
SUPPORTING GUIDANCE FOR COMPLETING MAPPA F
Please use this guidance when producing a report in the form of MAPPA F.
This guidance is not intended to be prescriptive or exhaustive, but suggests
issues for consideration.
Offender supervisor and supervision details

Include full name of offender supervisor, how long the offender has been managed by current offender
supervisor, how many times the offender supervisor has met the offender.

Does the offender have any concerns at the time of writing this report?

Does the offender supervisor have any concerns at the time of writing this report?

Comments about how responsive or co-operative the offender is with the supervisor.
Conduct and behaviour in custody

Comment on adjudications - what are the adjudications for? Proven or not?

Feedback from wing or houseblock staff about the offender?

Behaviour compacts? (Provide details.)

Reasons for Incentive and Earned Privilege Level (IEP), if other than standard.

Does the offender display any behaviour in custody which is linked to his or her offending?

Who does the offender associate with in custody? Consider whether he or she has friendships with
those who have similar offences. Does he or she actively seek out these friendships? If relevant to risk,
list full name, PNC number, DOB of known associates.

Does the offender undertake any work while in custody? Comment on his or her motivation.

Have there been any attempts to condition or manipulate staff?

Is the offender’s choice of television programme or reading material relevant to risk or offence?

Are there any known alcohol or drug issues? If so, what is the feedback from the relevant drug services
or CARATs?
Offending behaviour work

Provide details of offending behaviour work. Comment on the offender’s engagement in these
programmes.

Comment on completed and incomplete programmes.

Give reasons for any incomplete programmes.
Physical and mental health issues

Details of any impairments or disabilities (physical or mental) which are relevant to risk.

Has the offender been assessed for mental health issues? Comments from Mental Health In-Reach
team if relevant to risk.

Has a psychological or a psychiatric assessment taken place? Attach report.
29
Other diversity considerations

Are there concerns around the offender’s sexuality which are relevant to risk?

Is the offender in a sexual relationship with any other prisoners?

Are there any gender identity considerations?

Does religion or the practice of a religion while in custody impact on the offender’s behaviour? Are there
any concerns relevant to risk around this?

Has the offender displayed any homophobic, racist, or extremist attitudes while in custody?

Is the offender a racially-motivated offender?
Domestic abuse issues

Is the offender a perpetrator or a victim of domestic abuse?

Consider other aspects of domestic abuse, eg domestic violence, false marriage, under-age marriage,
female circumcision, honour killing. Has there been any activity, correspondence etc while in custody to
suggest that domestic abuse in an issue in the offender’s life or those with whom the offender is in
contact?
Vulnerabilities and risk of suicide / self-harm

Provide open and closed dates of Assessment Care in Custody Teamwork (ACCT) document.

Give details of previous suicide attempts, self-harm and known triggers.

Has the offender been victimised by other prisoners? Any bullying, exploitation etc?

Has the offender been segregated for his or her own protection during the sentence?
Social visitors / telephone calls and correspondence

Who has been visiting the offender? How often? What is the relationship to the offender?

Have there been any incidents in the visit hall to cause concern?

Whom does the offender telephone?

Does the offender make an excessive number of calls? If so, to whom?

Does the offender correspond with any ex-prisoners? Is the offender in correspondence with any
organisations that cause concern? With whom does the offender correspond in writing?
Restrictions

Is the offender subject to restrictions while in custody? Under Harassment Procedures Apply (HPA),
safeguarding children or vulnerable adults, SOPOs, other court orders etc?

If the offender is subject to child contact procedures, has the offender applied for contact with any
children? Give details of relationship, name, and date of birth. Has this been approved or not?

Has a member of the public applied to have no contact from the offender? Provide details.

Has the offender tried to breach any restrictions while in custody? What has been the offender’s attitude
towards these restrictions?

Has the offender attempted to contact his or her victim?

Has the offender tried to contact a member of the public via another prisoner?
30
Security information

Provide a summary of SIRs and dates.

Include relevant risk information from Mercury.

Potential for radicalisation and extremism? (CTU Officer input - high-security estate only.)
Summary of main risks identified

Summarise the main risk issues underlying this report.

Use this box to include any additional information that would help the MAPP meeting in devising a
management plan for this offender.

Provide information or express any concerns you have about this offender which are not covered by the
above sections in this report.

Include details of release plans or accommodation issues.
31
Chapter 2
Annex C
MAPPA Level Escalation
HM PRISON SERVICE
MAPPA LEVEL PRE-RELEASE: NOTICE TO MAPPA CO-ORDINATOR
NAME:
D.O.B:
PRISON / YOI:
PRISON NUMBER:
The MAPPA Guidance states that the level at which a MAPPA offender is managed must be communicated
to the prison at least six months before release. The above offender is due to be released on XXXXXX but
we are yet to receive confirmation of the MAPPA level.
Please accept this notification as a trigger for the MAPPA level escalation process and confirm receipt of this
email to {enter prison MAPPA functional mailbox address}.
Regards
Name:
Email:
Direct telephone:
32
Chapter 3
ViSOR
1
INTRODUCTION
This chapter explains how the ViSOR database operates and supports the Multi-Agency Public Protection
Arrangements (MAPPA). It also outlines the Prison Service’s role and responsibilities in relation to ViSOR.
This chapter should be read in conjunction with Chapter 2, which covers MAPPA and the most recent Prison
Service Instruction in relation to ViSOR - PSI 40/2014 - PI 56/2014 Mandatory Use of ViSOR. The Instruction
contains the document ViSOR Standards 3.1, with which all staff should be familiar.
ViSOR was originally an acronym for the Violent and Sexual Offender Register, but the database has been
expanded by the police to record information on some individuals who are unconvicted, and on terrorist
offenders. These are known as potentially dangerous persons. ViSOR is no longer an acronym, but it is the
formal name of the database.
ViSOR covers offences in the following legislation:
1.1

Sex Offenders Act 1997

Crime and Disorder Act 1998

Criminal Justice and Courts Services Act 2000

Police Reform Act 2002

Sexual Offender Act 2003

Criminal Justice Act 2003

Counter-Terrorism Act 2008

Criminal Justice and Immigration Act 2008
Overview
ViSOR is a national, secure, shared MAPPA database that facilitates the effective sharing of information and
intelligence between the three agencies that together make up the MAPPA Responsible Authority or RA Police, the National Probation Service (NPS) and the Prison Service working together. ViSOR’s principal
purpose is to support MAPPA in England and Wales and equivalent processes in other parts of the UK. It is
an essential source of information and acts as a communication tool between RA agencies. ViSOR improves
capacity to share intelligence and improves the safe transfer of sensitive information, which enhances public
protection measures. More specifically, it enables the prompt sharing of risk assessment and risk
management information on individual offenders who are deemed to pose a risk of serious harm to the public.
ViSOR also operates in other jurisdictions and it is a potentially vital component for any cross-border transfer
discussions. It is available to police forces in Scotland, Jersey and Northern Ireland, and to the British
Transport Police and the Royal Military Police, as well as to all Scottish prisons, Scottish mental health bodies
and Scottish Criminal Justice Social Work departments. Gibraltar and the Republic of Ireland will adopt it
soon.
ViSOR is an essential component in the effective management of offenders and other persons posing a risk
of serious harm to the public. As a multi-agency system, its effectiveness depends on the quality and
33
timeliness of the information and intelligence recorded within it. Accuracy of information is vital to the effective
risk management of offenders.
The collection of information on ViSOR is classified under the Government Protective Marking scheme as
Official (Sensitive). Individual offender information, which may come from police or prison intelligence, may
be classified as Official or Official (Sensitive). Because of ViSOR’s classification, requests under the Data
Protection Act 1998 for information contained within it, such as subject access requests, should be considered
case by case. It is essential to check whether disclosure would adversely affect police and prison activity.
Offenders managed using ViSOR are known as nominals. Each nominal has a record owner. Nominal record
owners should be mindful that individual agencies retain the ownership of ViSOR data supplied by their
organisation. Therefore, nominal record owners should ensure that they do not share information owned by
other ViSOR users without consulting them.
Each nominal also has a ViSOR Manager who has responsibility for the collation and quality assurance of
information stored on that nominal’s record. There can also be a number of partners to a record who are able
to input information into it. Whoever inputs information into ViSOR is responsible for ensuring that the
information is accurate.
1.2
Identification of MAPPA offenders
The ViSOR database supports MAPPA. All of the relevant MAPPA population should be entered on ViSOR,
including those who are currently serving custodial sentences. MAPPA offenders are identified by category.
Briefly, the three categories are:
Category 1: registered sexual offenders.
Category 2: violent and other sexual offenders (those who have been convicted of an offence under schedule
15 of the Criminal Justice Act 2003, and sentenced to 12 months or more in custody). This category also
includes registered terrorist offenders subject to Part 4 notification requirements.
Category 3: other dangerous offenders: individuals who have been cautioned for or convicted of an offence
that indicates they are capable of causing serious harm, and the risk they pose requires multi-agency
management.
1.3
Levels of MAPPA management
MAPPA offenders may be managed at one of three levels. These levels are not set by prisons, but in the
community, no later than six months before release. However, prison staff make an important contribution to
decision-making about levels of MAPPA management. Further information regarding levels of MAPPA
management can be found in the full MAPPA Guidance, version 4, section 7.
The levels of MAPPA management are:
Level 1: Ordinary agency management. This is where the risk can be managed by the agency responsible
for the offender’s supervision or case management. Information will be exchanged between agencies but
there is no requirement to meet formally.
34
Level 2: Multi-agency management. The case requires the active involvement and co-ordination of more than
one agency to manage the risk.
Level 3: Enhanced multi-agency management. The case meets the criteria for Level 2, but it is also
determined that the management of the case requires senior representation from the RA and Duty to Cooperate agencies. A case may also be Level 3 where there is a need to commit significant resources at short
notice, or, for example, where there may be the likelihood of media scrutiny.
All category 1 offenders regardless of the level of MAPPA management must have a ViSOR record. For
offenders registered as category 2 or category 3, a record must be created if the offender is managed at level
2 or 3.
2
ViSOR RECORDS
Police and probation have the main responsibility for creating records for ViSOR nominals and managing
ViSOR records. Selected staff in these two agencies will be assigned as nominal record managers. Both
police and probation should ensure that the records are maintained according to the National ViSOR
Standards.
The responsibility for creating and managing ViSOR nominal records is as follows:
Category 1:
Category 2:
registered sexual offenders
and
registered terrorist offenders subject to Part 4 notification requirements
The police are responsible for creating a nominal record for every Category 1 case, including those where
Youth Offending Teams (YOTs), the National Probation Service or mental health services have statutory
responsibility and are the lead agency. The police are also responsible for entering onto ViSOR all registered
terrorist offenders who are subject to Part 4 notification requirements. The police are required to create a
nominal’s record within three days of sentence.
Category 2:
violent and other sexual offenders
The NPS is responsible for creating ViSOR records for all other Category 2 offenders where they are managed
at Level 2 or 3. This includes those managed by YOTs and mental health services. Records must be created
no later than 6 months before release from prison, youth custody, or hospital. Some MAPPA areas also
create records for category 2 level 1 MAPPA cases. The NPS must continue to manage these records
following their creation. They must also ensure that the relevant person in the prison where the offender is
located is created as a partner to the ViSOR record while the offender is in custody (see also part 2.1 below).
Category 3:
other dangerous offenders
The NPS is responsible for creating and managing ViSOR records for Category 3 cases where the offender
has completed his period of statutory supervision. In these cases, where the licence (or community sentence)
has ended, and where the level of risk is assessed as requiring management at Level 2 or 3, the offender will
be moved from Category 2 to Category 3.
The police are responsible for managing ViSOR information in relation to all other Category 3 offenders, where
there has not been a period of statutory supervision.
35
2.1
Partnership
The prison where the offender is located must ensure that it requests to be made a partner to the relevant
ViSOR records. A ViSOR user will be able to become a partner to a ViSOR nominal being held in custody
only if the record has actually been created by the police or NPS. Partnership enables the prison to add
information to ViSOR that has arisen during the offender’s time in custody. It also allows the prison to access
information that will assist it in managing the offender in custody. ViSOR records must be actively and
accurately maintained and updated, not only by ViSOR record managers, but by relevant partners.
Governors must ensure that ViSOR users request to be made a partner to the police-owned ViSOR records
of all MAPPA Category 1 registered sexual offenders (RSOs) and those MAPPA Category 2 offenders who
are registered terrorist offenders.
2.2
Archiving
When a ViSOR nominal ceases to be an active MAPPA case, the record will be archived. This means that
the information will remain within ViSOR, and if necessary can be reactivated. If a case has been archived,
the local ViSOR lead in the individual establishment can ask for the case to be reactivated. This request
needs to be made to the ViSOR CPC (see below) by the National Probation Service or the police force that
owns the nominal record, giving reasons.
In general:

Category 1 offenders are archived when their period of registration expires.

Category 2 offenders are archived on licence expiry, discharge from hospital, discharge from posthospital supervision or revocation of Disqualification Order.

Category 3 offenders are archived when a decision is taken at a Level 2 or 3 MAPPA meeting that the
risk has reduced sufficiently, and multi-agency management is no longer required.
3
ViSOR MEETINGS
3.1
ViSOR National User Group (NUG)
The aim of the ViSOR NUG is to support the development and use of ViSOR at a national level across all the
relevant jurisdictions, to ensure that it continues to effectively support MAPPA. The NUG meets three times
a year. The chair of this group is the ViSOR senior responsible officer (the National Police Chiefs Council
lead for the management of sexual and violent offenders). The NUG is made up of the chairs from the
Regional User Groups (see part 3.2 below), plus senior agency representatives. The Prison Service must be
represented by a Deputy Director of Custody (DDC).
3.2
ViSOR Regional User Group (RUG)
The purpose of the RUG is to:

provide a forum for discussing and sharing views about effective multi-agency collaboration using
ViSOR;

review, accept in principle or reject proposals for change requests;

share best practice; and
36

3.3
discuss implementation issues at regional level.
ViSOR Change Management Group (CMG)
This group’s purpose is to approve or reject proposals for change. Proposals can come from RUGs, NOMS
OMPPG or NPCC, and must go through the CMG. The Local ViSOR leads from each establishment can take
ideas to their Regional CPC for discussion at the Regional User Group meeting, which may then be put forward
to the CMG. The CMG meets quarterly and reports to the National User Group. If changes are approved, the
CMG is then responsible for prioritising them.
4
PRISON SERVICE ROLE IN RELATION TO ViSOR
As part of the Prison Service’s responsibilities under MAPPA, specific information must be recorded on
ViSOR. This is known as the minimum data set and is outlined at part 4.6 below. It includes complete and
up-to-date risk and security information held on ViSOR nominals while in custody. In order for the prison
service to be able to do this, the ViSOR users in each establishment will need to obtain partnership to the
relevant ViSOR records. The local ViSOR lead for each establishment will need to ensure that there are
enough ViSOR users within the establishment to complete the minimum data set, and that each ViSOR user
is clear about which part of the minimum data set he/she must complete.
4.1
Prison Service Regional ViSOR Central Point of Contact (CPC)
As part of the Prison Service role, each DDC must ensure that someone is appointed as the Regional CPC.
The CPC will hold certain ViSOR responsibilities for the region, set out below. The high security, young
persons’, women’s and contracted-out estate must also have a CPC to ensure their interests are represented
in the ViSOR community. Because of the geographical dispersion of prison locations, the CPCs for these
functions should liaise with the relevant regional CPC. Executive Governors of reform prisons are not required
to assign a separate CPC to represent each prison’s interests. Instead, each reform prison’s ViSOR lead
should work closely with the CPC in their geographical region to ensure their prison is represented at a regional
and national level. DDCs will also need to decide at a local level how the information from CPCs is fed into
the MAPPA Senior Management Boards (SMBs) in their region, and how information is disseminated from
those SMBs to all of the other establishments in the region.
The CPC’s key functions within a prison region are to:

attend appropriate regional and national meetings to represent the prisons sector of NOMS within
national ViSOR governance;

attend the RUG, or arrange for a person with the same level of knowledge to attend in their place;

advise the DDC and Governors about performance in relation to key performance targets;

disseminate good practice and learning outcomes;

ensure there is a local ViSOR lead in each establishment;

ensure appropriate access to training is available;

authorise user access to ViSOR in conjunction with the local ViSOR lead;

oversee arrangements for authorisation of user access to ViSOR in conjunction with NOMS OMPPG;

provide governance of users in their regions;

liaise with other agency ViSOR leads and CPCs as required; and

have an awareness of the Prison ViSOR SLA and ways to maintain and improve performance.
37
4.2
Local ViSOR lead
Governors must ensure that each establishment has a local ViSOR lead. This may be the person who has
responsibility for public protection within an establishment or Offender Management Unit. The ViSOR lead’s
responsibilities are to:
4.3

assure the quality of prison contributions to ViSOR records;

provide information, eg log-on audits;

monitor ViSOR usage in relation to the minimum data set in the establishment; and

identify appropriate users to be trained.
Vetting
There is an ongoing obligation for ViSOR agencies to ensure that all staff with ViSOR access have been vetted
or security cleared to the appropriate level. Governors must ensure that all ViSOR users in their
establishments have the appropriate security clearance for their ViSOR designated role. The NPCC National
Security and Vetting policy is the relevant authority for the procedures and levels of clearance required for
prison users. More detailed information and guidance in relation to security clearance requirements is
available in Annex F of PSI 40/2014 – PI 56/2014.
4.4
Identification
Governors must ensure that processes are in place to identify MAPPA offenders, and that those who are also
ViSOR nominals are identified at each receiving establishment as part of the reception to custody. The
appropriate ViSOR flag must be created on Prison-NOMIS, in addition to the MAPPA flag, within seven days
of arriving at the establishment.
4.5
Partnership
Governors must ensure that prisons obtain partnership to the relevant ViSOR records and that there are
procedures in place to ensure that the partnership role is undertaken. Each establishment’s local ViSOR lead
should ensure that requests for partnership to ViSOR records are actioned as follows:
Category 1 registered sexual offenders (policeowned)
Category 2 registered terrorist offenders (policeowned)
All other Category 2 offenders registered at Level 2 or
3 (probation-owned)
Category 3 offenders registered at Level 2 or 3
(probation-owned)
Within three days of being received into the
establishment
Within three days of being received into the
establishment
At least six months before release *
At least six months before release *
* The NPS must respond within three working days to partnership requests from prisons.
Where a prisoner is transferred to another establishment, the local ViSOR lead must also ensure that a
request is made for the sending prison to be removed as a partner to the record and for the receiving prison
to be partnered instead. Further details of this are in section 2.4 of PSI 40/2014 - PI 56/2014.
38
Some Category 2 and 3 offenders may already have a ViSOR record when entering custody; however, some
may not have a record created until six months before release. A ViSOR record will be created for Category
2 (violent offenders) and Category 3 (other dangerous offenders) where the NPS is managing the offender at
Level 2 or 3. This means that, in many cases, it will not be possible for ViSOR users to update ViSOR during
most of the custodial period. This has implications for the information the Prison Service will be able to record
on ViSOR. The local ViSOR lead should therefore make a request to the CPC in the community or the MAPPA
co-ordinator for a record to be created if there are serious concerns in relation to a particular offender’s risk at
any point during his sentence. For records that have been archived, follow the process outlined at 2.2 above.
While it is not included in the National ViSOR business model, some MAPPA areas routinely create Category
2 Level 1 ViSOR records. Prisons should request partnership to these records as soon as they become aware
that one exists.
Further details of Prison Service responsibilities can be found in section 2.4 of PSI 40/2014 – PI 56/2014.
4.6
ViSOR usage
DDCs must ensure that they have enough ViSOR users in each establishment. Governors must then ensure
that ViSOR users in their establishments are selected so that all aspects of the minimum data set (see below)
can be entered. For example, a member of Security will be needed to input sanitised Information Reports.
Only those who have passed accredited training and have been authorised by the ViSOR CPC can legitimately
use the ViSOR system.
The minimum data set for the Prison Service consists of key information that will be entered on ViSOR at
particular points during the offender’s period in custody. Further input of information will very much depend
on what is available, eg risk information that comes to light during sentence in custody, reportable incidents
and intelligence. Information and intelligence concerning individual ViSOR nominals should be discussed at
MAPPA meetings and the information / intelligence that needs to be recorded on ViSOR should be a routine
topic for discussion, review and action within an establishment’s Inter-Departmental Risk Management
meetings and Security meetings.
Prisons must adhere to the ViSOR minimum data set designated for the Prison Service:

addresses

convictions

custody

risk assessments

telecoms

diary

intelligence

photographs

relationships

supervisory instruments

activity log
Each ViSOR user must be clear about their responsibilities in relation to entering the minimum data set in
each establishment, and must adhere to the ViSOR National Standards. Please refer to the Quality
Assurance checklist in Annex A for guidance in relation to completing the minimum data set.
39
4.7
Information sharing
As access to ViSOR within prisons is limited, there is a risk that not all relevant staff will know key information
held on it. It is important that information that could affect how a prisoner is managed, and any potential risk
to others, is communicated to relevant staff. Suitable forums for this include the establishment’s InterDepartmental Risk Management and Security arrangements.
Prison staff should remember that an offender who appears to present no threat in a prison setting might
behave quite differently in the community. All relevant intelligence should be entered on ViSOR to ensure
that, during sentence, and when the offender is released, police and probation staff have all the information
they need to protect the public. All security departments are responsible for ensuring that such intelligence is
entered on ViSOR.
4.8
Training
All ViSOR users must pass an accredited training course before they will be allowed access to the system.
The Quick Guide at Annex A will help CPCs and local ViSOR leads with access to training and to ViSOR user
accounts.
4.9
Physical security requirements
Because ViSOR is classed as Official (Sensitive), the copy-and-paste function cannot be used to export
ViSOR information to other reports or applications. Printing from ViSOR is prohibited. However, information
can be copied and pasted into ViSOR.
ViSOR terminals must be sited only in locations that meet the current requirements for the processing of
HMPS data - ie a secure area as set out in PSI 40/2014 – PI 56/2014, Annex G (this gives advice to those
who will be responsible for determining the suitability of an office to house ViSOR). It must be borne in mind
that a location that is appropriate when first assessed may become unsuitable due to office moves or changes
to the building layout. Any such changes must therefore take into the account the effect they may have on
ViSOR usage. Annex G explains the requirements, and Governors must ensure that they are adhered to.
40
Chapter 3
Annex A
Quick guide for HMPS ViSOR Central Points of Contact
PSI 40/2014
This PSI was issued in October 2014, replacing PSI 06/2013. It summarises the mandatory requirements on
prisons and probation in England and Wales for the use of ViSOR in their management of MAPPA offenders;
and provides an update on the revised security clearances required for staff who use ViSOR.
ViSOR Training and Extended Extranet accounts before ViSOR Live
Training: The Learning Paths on Oracle / OLM produces the quarterly Training Planning Tool. NOMS trainers
schedule courses from this information report.
Before attending, the trainee needs to contact their local ViSOR lead and their IT manager, so they can raise
a request to be given ViSOR Training access. This incorporates an Extended Extranet ID and the ViSOR
Training Icon within their Extended Extranet (Citrix) profile.
On completion of ViSOR training, when the user has returned to their prison, the IT manager will contact the
user (or the user can make contact) to confirm that they have passed the training, and will then submit a new
request to the Quantum Service Desk to have the Visor Live Icon added to their profile. The user should also
inform their ViSOR lead that they have passed.
ViSOR trained - what happens next?
On completion of the training course, NOMS trainers give the NOMS ViSOR administrator the names of
successful staff their establishments, plus the level(s) of access required.
The administrator will then request live account(s) for ViSOR from HP. HP gives the administrator the new
ViSOR accounts and default passwords. The administrator then directly contacts individuals with their ViSOR
log-ins.
Keeping your account active
It is important for all ViSOR users to log in to ViSOR at least once every 30 days to ensure their accounts
remain active. If not, to reactivate, ring the Quantum ID helpdesk and ask for 1 (password resets).
ViSOR users changing prisons
If a user moves from one prison to another, the account they were using in the old prison has to be closed
and another live account opened at the new one. This request has to be made to the regional CPC (for
maintenance of ViSOR records) and to the NOMS administrator, so that HP are informed as a new ViSOR
account will need to be created. The NOMS Administrator will require:
41

existing ViSOR ID

level of ViSOR access

Quantum ID

name of new establishment.
ViSOR accounts not active for six months or more
If an account has been unused for six months or more, the user will need to contact their Prison ViSOR lead
to discuss whether they should go on the training course again or take refresher training with a current user
in the establishment, in order to be familiar with and confident to navigate the ViSOR database.
The CPC will decide whether the account can be reactivated or, if the account has been deleted, a new
account should be created.
If the user still has their log-in details and can gain access to ViSOR, the administrator will require:

existing ViSOR ID

level of ViSOR access

Quantum ID

name of new establishment.
Information on ViSOR user and level of access
Each account type contains various tokens, which represent level of access to the Visor live database:
TOKENS
OMU / PP
Security


Intelligence
Risk Assessment



Other Risk Assessment


Partner
Restricted Partner




CPC
Statistics
Activity Log
CPC


HMPS area codes are listed below. All Prison Service ViSOR users should have the prefix 86 at the start of
their user ID, followed by two digits for their area. The next four digits should be the next available number in
their area, as all users are created in numerical order. So a ViSOR user in London who is the 150th to be
created in that area should be set up with the ViSOR ID 86100150.
86
HMPS
01
North East
08
South West
02
03
North West
Yorkshire and Humberside
09
10
South Central
London
04
05
Wales
West Midlands
11
12
Kent, Surrey and Sussex
Training
06
East Midlands
13
Headquarters
07
Eastern
42
Chapter 4
DISCLOSURE AND BARRING SERVICE: THE BARRED LISTS
1
INTRODUCTION
This chapter provides information and guidance on how prisons should manage correspondence from the
Disclosure & Barring Service (DBS) and the process for seeking further information from the DBS on a
prisoner’s barred status.
The information in this chapter should be read in conjunction with PSI 05/2014, Safeguarding of Children &
Vulnerable Adults: Changes to Disqualification Order Regime and Access to Information on Barred Status of
Offenders.
2
THE BARRED LISTS
The Safeguarding Vulnerable Groups Act 2006 or SVGA (as amended by the Protection of Freedoms Act
2012) provides that convictions or cautions for relevant offences result in an automatic bar from working in
regulated activity with children and/or adults. There are two separate barred lists: the children’s barred list,
and the adults’ barred list. A person can be placed on either or both of these lists. They have replaced
previous barred lists, such as List 99, the Protection of Children Act (POCA) list and the Protection of
Vulnerable Adults (POVA) list.
The DBS is a non-departmental government body that is responsible for:
2.1

processing requests for criminal record checks;

deciding whether it is appropriate for a person to be placed on or removed from a barred list; and

maintaining the children’s and adults’ barred lists.
Relevant offences: autobar offences & automatic inclusion offences
Prisoners cautioned for or convicted of an “autobar offence” are barred automatically from working in
regulated activity with children and/or adults and have no right to make representations about their inclusion
on the barred list(s). Prisoners cautioned for or convicted of an “automatic inclusion offence” may be barred
from working in regulated activity with children and/or adults and have the right to make representations to the
DBS against their inclusion on barred lists. If representations are made, the case is re-assessed by the DBS
and a final decision is made.
Lists of autobar and automatic inclusion offences, taken from DBS sources, are at Annex A.
2.2
Regulated activity
The DBS can bar a person who has been convicted of or cautioned for an automatic inclusion offence from
working within regulated activity with children and/or adults only if they believe the person is, has been, or
might in the future be, engaged in regulated activity. This test for regulated activity (TRA) does not apply to
43
prisoners convicted of or cautioned for an autobar offence, as they automatically barred. Guidance on the
definition of regulated activity can be found at Annex B1 (for children) and Annex B2 (for adults).
It is an offence for a person who has been placed on either barred list knowingly to work or to seek to work in
the regulated activity from which they have been barred. It is also an offence for a person knowingly to permit
someone to engage in regulated activity from which they have been barred.
3
CORRESPONDENCE
In line with PSI 05/2014, prisons must have a process in place for managing DBS correspondence to
individual prisoners. Although the content of DBS correspondence is of a sensitive nature, it is not covered
by the arrangements for Rule 39 or Confidential Access mail.
The DBS will write to a prisoner when considering a case or notifying them of barred status. Not all
correspondence will require a response from the prison; where a response is required, a “certification by
server” form will be attached to the letter. This must be completed by both a member of prison staff and the
prisoner. If the prisoner has been released or transferred, the second page of the form must be completed
as fully as possible and returned to the DBS.
Prison staff delivering DBS correspondence to the prisoner should be alert to the fact that it may contain
distressing news for the prisoner. The delivery of such correspondence should be managed discreetly to
minimise the risk to the prisoner from other inmates. The health and wellbeing of the prisoner should also be
taken account of to minimise the risk of harm that they pose to themselves or others as a result of any barred
status.
Prisoners must be given help to understand the contents of the letter and form where there is an identified
learning or language need. The DBS will arrange, upon request, for letters to be translated into languages
other then English, or to be provided in an alternative format. The DBS operates a helpline between 8:30am
and 5:30pm, Monday to Friday, which prisoners can use to make these requests and for other DBS-related
matters. The helpline number is 01325 953795 and has been included in the global list. Alternatively, the
prisoner can use the DBS contact point in the letter. Staff should note that the DBS correspondence return
address is an approved PO Box.
It is imperative that DBS correspondence is processed quickly in prisons. In cases of final barring decisions,
prisoners with the right to make representations have eight weeks and two days from the date of the letter
within which to submit them to the DBS. The prison must ensure there is no unnecessary delay in the passing
on of correspondence, as that could adversely affect the prisoner’s right of appeal.
4
IDENTIFICATION
It is mandatory for prisons to have a process in place to identify prisoners who have been convicted of or
cautioned for an autobar offence. This should happen as soon as possible and the relevant alert must be
activated on Prison-NOMIS. This information should also be used to inform any risk management or sentence
planning procedures.
It should not be assumed that a prisoner with a conviction or caution for an offence from the automatic inclusion
offences list will be on the barred list, as they have the right to make representations against their inclusion.
44
Instead, the fact that the prisoner may be subject to barred must be noted on file and further enquires must
be made of the DBS about the prisoner’s barred status, in line with the process set out below and in PSI
05/2014. Separate Prison-Nomis risk alerts are available for prisoners on the auto-bar and automatic inclusion
list.
Equally, it should not be assumed that a prisoner who will be managed under MAPPA will automatically be
barred.
5
INFORMATION ON BARRED STATUS & BARRING DECISIONS
The Protection of Freedoms Act 2012 amended the SVGA to allow the DBS to share barring information with
prisons and providers of probation services. Prison staff can request confirmation of a prisoner’s barred status
from the DBS for the following groups:

prisoners cautioned for or convicted of offences on the automatic inclusion offence list, and

prisoners assessed as posing a risk of serious harm to children or vulnerable adults whose known
employment history or qualifications suggest they may have engaged in regulated activity with
children and/or adults and/or may seek to do so in the future.
There should not be a blanket approach to requesting confirmation from the DBS. As barred status relates to
the work a person may or may not undertake, the request must be made at key stages in the prisoner’s
sentence when a prisoner’s employment, training or education needs are being assessed or considered.
The request should be made to the DBS via secure email to [email protected] using the
template letter at Annex C. Where it is known, the prisoner’s PNC / PND number should be included in the
request, as this helps the DBS to identify the correct case file and speeds up the response time.
If a prisoner transfers to another prison before the DBS responds to a request for information, the prison that
made the request must notify the DBS of the transfer and provide a contact point within the receiving prison
to whom the information should be sent.
The response from the DBS will indicate if the prisoner is on the children’s and/or adults’ barred list. Where a
decision has not yet been made, the response will state “linked interest”. This means the DBS has registered
the prison’s interest and will notify the prison when a barring decision has been made.
The DBS can also share with the prison relevant information that was taken into account during the barring
decision-making process. Requests for this information should be made only in cases where the confirmation
of barred status alone does not sufficiently meet the need for which the information was originally sought.
Information-sharing requests should not be made in respect of prisoners cautioned for or convicted of
automatic barring offences, as the DBS will not hold any information apart from the fact of caution / conviction.
Requests for information should be sent to [email protected] using the template letter at Annex
D. The DBS will respond by providing an extract from their Minded to Bar (MTB) and Final Barring letters,
summarising the findings on which the barring decision was based. Relevant information from these
summaries should be fed into any risk management and sentence planning procedures.
45
Prisoners who have been barred, or for whom barring decisions are still pending or are subject to appeal,
must not be considered for or placed in regulated activity (voluntary or paid) as part of work placements and
resettlement plans, or for any other reason.
Prisoners who have been barred should be reminded of their barred status and its implications as part of the
pre-release process.
6
DISQUALIFICATION ORDERS
Disqualification orders (DOs) were introduced under the Criminal Justice and Court Services Act 2000 and
prevented individuals from working with children. With the introduction of the SVGA, DOs became redundant
and those subject to them were considered for inclusion in the new barred list(s). The legislation relating to
DOs has now been fully repealed and, as of 17 June 2013, the courts will make no more of them.
Existing DOs do not lapse as a result of the repeal of the legislation and remain in force. So prisoners with
existing DOs will still be subject to their terms, and some will continue to be managed under MAPPA. However,
any breach will be dealt with under the SVGA and not as a breach of the DO. The prison must remind the
prisoner as part of the pre-release process that the DO continues to apply. A copy of the DO as issued by the
court must be handed to the prisoner before release.
46
Chapter 4
Annex A
Autobar & automatic inclusion offences
Children’s autobar offences
Children’s Automatic Barring Offences - with no right to make representations
A person who commits one of these offences, subject to any qualifications set out in italics, will be barred
from working in regulated activity relating to children.
Act and section
Offence
Criminal Law Amendment
Act 1885
4
Defilement of a girl under 14 years of age
Sexual Offences Act 1956
1
Rape where the victim was a child
Sexual Offences Act 1956
5
Sexual intercourse with a girl under the age of thirteen
Mental Health Act 1959
128
Sexual intercourse with patients where the victim was a child
Sexual Offences Act 2003
1
Rape where the victim was a child
Sexual Offences Act 2003
2
Assault by penetration where the victim was a child
Sexual Offences Act 2003
5
Rape of a child under 13
Sexual Offences Act 2003
6
Assault of a child under 13 by penetration
Sexual Offences Act 2003
7
Sexual assault of a child under 13 (intentionally touched a girl /
boy and the touching was sexual)
Sexual Offences Act 2003
8
Causing or inciting a child under 13 to engage in sexual activity
Sexual Offences Act 2003
30
Sexual activity with a person with a mental disorder impeding
choice where the victim was a child
Sexual Offences Act 2003
31
Causing or inciting a person with a mental disorder impeding
choice, to engage in sexual activity where the victim was a child
Sexual Offences Act 2003
32
Engaging in sexual activity in the presence of a person with a
mental disorder impeding choice where the victim was a child
Sexual Offences Act 2003
33
Causing a person, with a mental disorder impeding choice, to
watch a sexual act where the victim was a child
Sexual Offences Act 2003
34
Inducement, threat or deception to procure sexual activity with a
person with a mental disorder where the victim was a child
Sexual Offences Act 2003
35
Causing a person with a mental disorder to engage in or agree to
engage in sexual activity by inducement, threat or deception
where the victim was a child
Sexual Offences Act 2003
36
Engaging in sexual activity in the presence, procured by
inducement, threat or deception, of a person with a mental
disorder where the victim was a child
47
Sexual Offences Act 2003
37
Causing a person with a mental disorder to watch a sexual act
by inducement, threat or deception where the victim was a child
Sexual Offences Act 2003
38
Care workers: sexual activity with a person with a mental
disorder where the victim was a child
Sexual Offences Act 2003
39
Care workers: causing or inciting sexual activity where the victim
was a child
Sexual Offences Act 2003
40
Care workers: sexual activity in the presence of a person with a
mental disorder (being a care worker involved in the care of a
person who you could reasonably be expected to have known
had such a disorder, intentionally engaged in an activity for the
purpose of obtaining sexual gratification in the presence of / in a
place where you could be observed by that person, knowing /
believing that she/he was aware / intending that she/he should
be aware that you were engaging in it) where the victim was a
child
Sexual Offences Act 2003
41
Care workers: causing a person with a mental disorder to watch
a sexual act (being a care worker involved in the care of a
person in a way which falls within s.42 of the SOA Act 2003 who
had a mental disorder and who you knew / could reasonably be
expected to have known such a disorder, intentionally caused
him/her to watch a third person / look at an image of a person
engaging in a sexual activity) where the victim was a child
48
Children’s automatic inclusion offences
Children’s Automatic Inclusion Offences - with right to make representations
A person who commits one of these offences, subject to any qualifications set out in italics, may be
barred from working in regulated activity relating to children.
Act and section
Offence
Common law
Murder
Common law
Kidnapping
Common law
Infanticide
Offences Against the
Person Act 1861
21
Attempt to choke etc. in order to commit or assist in the
committing of any indictable offence
Offences Against the
Person Act 1861
52
Indecent assault on a female
Offences Against the
Person Act 1861
53
Fraudulent abduction of a girl under age against the will of her
father etc.
Offences Against the
Person Act 1861
54
Forcible abduction of any woman with intent to marry or carnally
know her etc.
Offences Against the
Person Act 1861
55
Abduction of a girl under 16 years of age
Offences Against the
Person Act 1861
61
Buggery where the victim was under 16 or did not consent
Offences Against the
Person Act 1861
62
Indecent assault upon a male, attempt to commit buggery,
assault with intent to commit buggery where the victim was
under 16 or did not consent
Criminal Law Amendment
Act 1885
2
Procuration
Criminal Law Amendment
Act 1885
3
Procuring defilement of a woman by threats or fraud or
administering drugs
Criminal Law Amendment
Act 1885
5
Defilement of a girl under 17 years of age
Criminal Law Amendment
Act 1885
6
Householder etc. permitting defilement of young girl on his
premises
Criminal Law Amendment
Act 1885
7
Abduction of a girl under 18 with intent to have carnal knowledge
Criminal Law Amendment
Act 1885
8
Unlawful detention with intent to have carnal knowledge
Criminal Law Amendment
Act 1885
11
Outrages on decency where the victim was under 16 or did not
consent, and the conviction has not been disregarded under
Chapter 4 of Part 5 of the Protection of Freedoms Act 2012
Vagrancy Act 1898
1
Trading in prostitution
Punishment of Incest Act
1908
1
Incest by males where the victim was a child
Punishment of Incest Act
1908
2
Incest by females aged 16 or over where the victim was a child
49
Children and Young
Persons Act 1933
1
Cruelty to children (being a person 16 years or over or having
responsibility for a child under 14 / young person under 16,
wilfully assaulted / ill-treated / neglected / abandoned / exposed
the child / young person in a manner likely to cause unnecessary
suffering / injury to health)
Infanticide Act 1938
1
Infanticide (caused the death of own child under age 12 months
by wilful act / omission whilst balance of mind disturbed by
offender not having recovered from giving birth to the child /
effect of lactation consequent upon birth of the child)
Sexual Offences Act 1956
1
Rape where the victim was an adult
Sexual Offences Act 1956
2
Procurement of a woman by threats (by threats or intimidation
procured a woman / child to have unlawful sexual intercourse)
Sexual Offences Act 1956
3
Procurement of a woman by false pretences (procured a woman
/ child to have unlawful sexual intercourse)
Sexual Offences Act 1956
4
Administering drugs to obtain or facilitate intercourse
Sexual Offences Act 1956
6
Sexual intercourse with a girl under the age of 16
Sexual Offences Act 1956
7
Intercourse with a defective
Sexual Offences Act 1956
9
Procurement of a defective
Sexual Offences Act 1956
10
Incest by a man (being man / boy had sexual intercourse with
woman / girl you knew to be your granddaughter / mother / sister
/ half-sister / daughter) where the victim was a child
Sexual Offences Act 1956
11
Incest by a woman (being a woman with consent permitted a
man you knew to be your grandfather / father / brother / halfbrother / son to have sexual intercourse with you) where the
victim was a child
Sexual Offences Act 1956
12
Buggery where the victim was under 16 or did not consent, and
the conviction has not been disregarded under Chapter 4 of Part
5 of the Protection of Freedoms Act 2012
Sexual Offences Act 1956
13
Indecency between men (man aged 18 to 20 years or man over
21 years committed gross indecency with man under 16 years)
where the victim was under 16 or did not consent, and the
conviction has not been disregarded under Chapter 4 of Part 5 of
the Protection of Freedoms Act 2012
Sexual Offences Act 1956
14
Indecent assault on a woman
Sexual Offences Act 1956
15
Indecent assault on a man
Sexual Offences Act 1956
16
Assault with intent to commit buggery
Sexual Offences Act 1956
17
Abduction of a woman by force for the sake of her property
Sexual Offences Act 1956
19
Abduction of unmarried girl under 18
Sexual Offences Act 1956
20
Abduction of unmarried girl under 16
Sexual Offences Act 1956
21
Abduction of defective from parent or guardian
Sexual Offences Act 1956
22
Causing prostitution of women
Sexual Offences Act 1956
23
Procuration of girl under 21
Sexual Offences Act 1956
24
Detention of a woman in a brothel or other premises
Sexual Offences Act 1956
25, 26
Sexual Offences Act 1956
27
Permitting girl, under 13, or between 13 and 16, to use premises
for intercourse
Permitting defective to use premises for intercourse
50
Sexual Offences Act 1956
28
Causing or encouraging prostitution of, intercourse with or
indecent assault on girl under 16
Sexual Offences Act 1956
29
Causing or encouraging prostitution of defective
Sexual Offences Act 1956
30
Man living on earnings of prostitution
Sexual Offences Act 1956
31
Woman exercising control over prostitute
Mental Health Act 1959
128
Sexual intercourse with patients
Indecency with Children
Act 1960
1
Indecency with children under the age of sixteen
Sexual Offences Act 1967
4
Procuring others to commit homosexual acts
Sexual Offences Act 1967
5
Living on the earnings of male prostitution
Theft Act 1968
Misuse of Drugs Act 1971
Criminal Law Act 1977
9(1)(a)
4(3)
Burglary (with intent to commit rape)
Production or supply of controlled drugs where the victim was a
child
54
Inciting a girl under the age of 16 to have incestuous sexual
intercourse
Protection of Children Act
1978
1(1)
Taking, or permitting to be taken, or to make any indecent
photograph or pseudo-photograph of a child; distribution or
possession of indecent photograph of a child
Customs and Excise
Management Act 1979
170
Penalty for fraudulent evasion of duty relating to importation of
obscene material
Mental Health Act 1983
127
Ill-treatment or wilful neglect of a patient with a mental disorder
Child Abduction Act 1984
1
Abduction of a child by parent
Child Abduction Act 1984
2
Abduction of child by other persons
Criminal Justice Act 1988
160
Sexual Offences
(Amendment) Act 2000
3
Nationality, Immigration
and Asylum Act 2002
145
Possession of indecent photographs of children
Abuse of trust (being a person aged eighteen years or over in a
position of trust has sexual intercourse / engage in sexual activity
with a person under 18)
Traffic in prostitution
Female Genital Mutilation
Act 2003
1
Carrying out female genital mutilation where the victim was a
child
Female Genital Mutilation
Act 2003
2
Aiding, abetting, counselling or procuring a girl to mutilate her
own genitals where the victim was a child
Female Genital Mutilation
Act 2003
3
Aiding, abetting, counselling or procuring a non-UK person to
mutilate overseas a girl’s genitals where the victim was a child
Sexual Offences Act 2003
1
Rape where the victim was an adult
Sexual Offences Act 2003
2
Assault by penetration where the victim was an adult
Sexual Offences Act 2003
3
Sexual assault
Sexual Offences Act 2003
4
Causing a person to engage in sexual activity without consent
Sexual Offences Act 2003
4(1A)
Sexual Offences Act 2003
9
Sexual activity with a child
Sexual Offences Act 2003
10
Causing or inciting a child to engage in sexual activity
Trafficking people for labour and other exploitation
51
Sexual Offences Act 2003
11
Engaging in sexual activity in the presence of a child (being a
person aged 18 years or over, for the purpose of obtaining
sexual gratification intentionally engaged in sexual activity in the
presence of / in a place where you could be observed by a child
under 13 or 13 to 15 years old, knowing / believing that the child
was / intending that the child should be aware that you were
engaging in that activity)
Sexual Offences Act 2003
12
Causing a child to watch a sexual act (being a person aged 18
years or over, for the purpose of obtaining sexual gratification
intentionally caused a child under 13, or 13 to 15 years old who
you did not reasonably believe was aged 16 years or over, to
watch a third person / look at an image of any person engaging
in a sexual activity)
Sexual Offences Act 2003
14
Arranging or facilitating commission of a child sex offence
Sexual Offences Act 2003
15
Meeting a child following sexual grooming (being a person 18 or
over, on at least two earlier occasions having met /
communicated with a girl / boy under 16 and who you did not
reasonably believe was 16 or over, intentionally met / travelled
with the intention of meeting that girl / boy and at the time you
intended to do anything to / in respect of her/him during / after
the meeting and in any part of the world which if done would
have involved the commission by you of a relevant offence)
Sexual Offences Act 2003
16
Abuse of position of trust: sexual activity with a child
Sexual Offences Act 2003
17
Abuse of position of trust: causing or inciting a child to engage in
sexual activity
Sexual Offences Act 2003
18
Abuse of position of trust: sexual activity in the presence of a
child (being a person 18 or over in a position of trust in relation to
a child under 13, for the purpose of obtaining sexual gratification
intentionally engaged in sexual activity in the presence of / where
you could be observed by that child, knowing or believing that
the child was / intending that the child should be aware that you
were engaging in that activity or caused that child to watch a
third person / look at an image of any person engaging in a
sexual activity)
Sexual Offences Act 2003
19
Abuse of position of trust: causing a child to watch a sexual act
(being a person 18 or over in a position of trust in relation to a
child aged between 13 and 17 who you did not reasonably
believe was aged 18 or over, for the purpose of obtaining sexual
gratification intentionally caused that child to watch a third
person / look at an image of a person engaging in sexual activity)
Sexual Offences Act 2003
25
Sexual activity with a child family member
Sexual Offences Act 2003
26
Inciting a child family member to engage in sexual activity
Sexual Offences Act 2003
30
Sexual activity with a person with a mental disorder impeding
choice where the victim was an adult
Sexual Offences Act 2003
31
Causing or inciting a person, with a mental disorder impeding
choice, to engage in sexual activity where the victim was an
adult
Sexual Offences Act 2003
32
Engaging in sexual activity in the presence of a person with a
mental disorder impeding choice where the victim was an adult
Sexual Offences Act 2003
33
Causing a person, with a mental disorder impeding choice, to
watch a sexual act where the victim was an adult
Sexual Offences Act 2003
34
Inducement, threat or deception to procure sexual activity with a
person with a mental disorder where the victim was an adult
52
Sexual Offences Act 2003
35
Causing a person with a mental disorder to engage in or to agree
to engage in sexual activity by inducement, threat or deception
where the victim was an adult
Sexual Offences Act 2003
36
Engaging in sexual activity in the presence, procured by
inducement, threat or deception, of a person with a mental
disorder where the victim was an adult
Sexual Offences Act 2003
37
Causing a person with a mental disorder to watch a sexual act
by inducement, threat or deception where the victim was an adult
Sexual Offences Act 2003
38
Care workers: sexual activity with a person with a mental
disorder where the victim was an adult
Sexual Offences Act 2003
39
Care workers: causing or inciting sexual activity where the victim
was an adult
Sexual Offences Act 2003
40
Care workers: sexual activity in the presence of a person with a
mental disorder (being a care worker involved in the care of a
person who you could reasonably be expected to have known
had such a disorder, intentionally engaged in an activity for the
purpose of obtaining sexual gratification in the presence of / in a
place where you could be observed by that person, knowing /
believing that she/he was aware / intending that she/he should
be aware that you were engaging in it) where the victim was an
adult
Sexual Offences Act 2003
41
Care workers: causing a person with a mental disorder to watch
a sexual act (being a care worker involved in the care of a
person in a way which falls within s.42 of the SOA 2003 who had
a mental disorder and who you knew / could reasonably be
expected to have known had such a disorder, intentionally
caused him/her to watch a third person / look at an image of a
person engaging in a sexual activity) where the victim was an
adult
Sexual Offences Act 2003
47
Paying for sexual services of a child
Sexual Offences Act 2003
48
Causing or inciting child prostitution or pornography
Sexual Offences Act 2003
49
Controlling a child prostitute or a child involved in pornography
Sexual Offences Act 2003
50
Arranging or facilitating child prostitution or pornography
Sexual Offences Act 2003
52
Causing or inciting prostitution for gain
Sexual Offences Act 2003
53
Controlling prostitution for gain
Sexual Offences Act 2003
57
Trafficking into the UK for sexual exploitation
Sexual Offences Act 2003
58
Trafficking within the UK for sexual exploitation
Sexual Offences Act 2003
59
Trafficking out of the UK for sexual exploitation
Sexual Offences Act 2003
59A
Sexual Offences Act 2003
61
Sexual Offences Act 2003
62, 63
Sexual Offences Act 2003
66
Trafficking people for sexual exploitation
Administering a substance with intent (administered a substance
to / caused a substance to be taken by another person, knowing
he/she did not consent and with the intention of stupefying /
overpowering him/her so as to enable any person to engage in a
sexual activity involving him/her)
Committing an offence or trespassing with intent to commit a
sexual offence where that offence leads to automatic barring
Exposure (intentionally exposed genitals intending someone
would see them causing alarm / distress) where the victim was
under 16
53
Sexual Offences Act 2003
67
Voyeurism (for the purpose of obtaining sexual gratification
observed / operated equipment / recorded / installed equipment
or constructed / adapted a structure / part of a structure to
observe another person doing a private act, knowing that the
person did not consent to being observed) where the victim was
under 16
Sexual Offences Act 2003
72
Sexual offences committed outside the UK (corresponding to an
offence which leads to automatic barring from work with children
with the right to make representations)
Asylum and Immigration
(Treatment of Claimants,
etc.) Act 2004
4
Trafficking people for exploitation
Domestic Violence, Crime
and Victims Act 2004
5
Causing or allowing a child or vulnerable adult to die, or suffer
serious physical harm
Mental Capacity Act 2005
44
Ill-treatment or wilful neglect
Criminal Justice and
Immigration Act 2008
63
Possession of extreme pornographic images
Coroners and Justice Act
2009
62
Possession of prohibited images of children
54
Vulnerable adults’ autobar offences
Adults’ Barring Offences - with no right to make representations
A person who commits one of these offences, subject to any qualifications set out in italics, will be barred
from working in regulated activity relating to adults.
Act and section
Offence
Sexual Offences Act 2003
30
Sexual activity with a person with a mental disorder impeding
choice
Sexual Offences Act 2003
31
Causing or inciting a person, with a mental disorder impeding
choice, to engage in sexual activity
Sexual Offences Act 2003
32
Engaging in sexual activity in the presence of a person with a
mental disorder impeding choice
Sexual Offences Act 2003
33
Causing a person, with a mental disorder impeding choice, to
watch a sexual act
Sexual Offences Act 2003
34
Inducement, threat or deception to procure sexual activity with a
person with a mental disorder
Sexual Offences Act 2003
35
Causing a person with a mental disorder to engage in or agree to
engage in sexual activity by inducement, threat or deception
Sexual Offences Act 2003
36
Engaging in sexual activity in the presence, procured by
inducement, threat or deception, of a person with a mental
disorder
Sexual Offences Act 2003
37
Causing a person with a mental disorder to watch a sexual act
by inducement, threat or deception
Sexual Offences Act 2003
38
Care workers: sexual activity with a person with a mental
disorder
Sexual Offences Act 2003
39
Care workers: causing or inciting sexual activity
Sexual Offences Act 2003
40
Care workers: sexual activity in the presence of a person with a
mental disorder (being a care worker involved in the care of a
person who you could reasonably be expected to have known
had such a disorder, intentionally engaged in an activity for the
purpose of obtaining sexual gratification in the presence of / in a
place where you could be observed by that person, knowing /
believing that she/he was aware / intending that she/he should
be aware that you were engaging in it)
Sexual Offences Act 2003
41
Care workers: causing a person with a mental disorder to watch
a sexual act (being a care worker involved in the care of a
person in a way which falls with s.42 of the SOA 2003 who had a
mental disorder and who you knew / could reasonably be
expected to have known had such a disorder, intentionally
caused him/her to watch a third person / look at an image of a
person engaging in sexual activity)
55
Vulnerable adults’ automatic inclusion offences
Vulnerable Adults’ Automatic Inclusion Offences - with right to make representations
A person who commits one of these offences, subject to any qualifications set out in italics, may be
barred from working in regulated activity relating to adults.
Act and section
Offence
Common law
Murder
Common law
Kidnapping
Common law
Infanticide
Offences Against the
Person Act 1861
21
Attempting to choke etc. in order to commit or assist in
committing an indictable offence
Offences Against the
Person Act 1861
52
Indecent assault upon a female
Offences Against the
Person Act 1861
53
Fraudulent abduction of a girl under age against the will of her
father etc.
Offences Against the
Person Act 1861
54
Forcible abduction of any woman with intent to marry or carnally
know her etc.
Offences Against the
Person Act 1861
55
Abduction of a girl under 16 years of age
Offences Against the
Person Act 1861
61
Buggery where the victim was under 16 or did not consent
Offences Against the
Person Act 1861
62
Indecent assault upon a male, attempt to commit buggery,
assault with intent to commit buggery where the victim was
under 16 or did not consent
Criminal Law Amendment
Act 1885
2
Procuration
Criminal Law Amendment
Act 1885
3
Procuring defilement of woman by threats or fraud or
administering drugs
Criminal Law Amendment
Act 1885
4
Defilement of a girl under 14 years of age
Criminal Law Amendment
Act 1885
5
Defilement of a girl under 17 years of age
Criminal Law Amendment
Act 1885
6
Householder etc. permitting a defilement of young girl on his
premises
Criminal Law Amendment
Act 1885
7
Abduction of girl under 18 with intent to have carnal knowledge
Criminal Law Amendment
Act 1885
8
Unlawful detention with intent to have carnal knowledge
Criminal Law Amendment
Act 1885
11
Outrages on decency where the victim was under 16 or did not
consent, and the conviction has not been disregarded under
Chapter 4 of Part 5 of the Protection of Freedoms Act 2012
Vagrancy Act 1898
1
Trading in prostitution
Punishment of Incest Act
1908
1
Incest by males (where the victim was a child or did not consent)
Punishment of Incest Act
1908
2
Incest by females aged 16 or over (where the victim was a child
or did not consent)
56
Children and Young
Persons Act 1933
1
Cruelty to children
Infanticide Act 1938
1
Infanticide (caused the death of own child aged under 12 months
by wilful act / omission whilst balance of mind disturbed by
offender not having recovered from giving birth to the child /
effect of lactation consequent upon birth of the child)
Sexual Offences Act 1956
1
Rape
Sexual Offences Act 1956
2
Procurement of a woman by threats
Sexual Offences Act 1956
3
Procurement of a woman by false pretences
Sexual Offences Act 1956
4
Administering drugs to obtain or facilitate intercourse
Sexual Offences Act 1956
5
Sexual intercourse with a girl under the age of 13
Sexual Offences Act 1956
6
Sexual intercourse with a girl under the age of 16
Sexual Offences Act 1956
7
Intercourse with defective
Sexual Offences Act 1956
9
Procurement of defective
Sexual Offences Act 1956
10
Incest by a man where the victim was a child or did not consent
Sexual Offences Act 1956
11
Incest by a woman where the victim was a child or did not
consent
Sexual Offences Act 1956
12
Buggery where the victim was under 16 or did not consent, and
the conviction has not been disregarded under Chapter 4 of Part
5 of the Protection of Freedoms Act 2012
Sexual Offences Act 1956
13
Indecency between men (man aged 18 to 20 years or man over
21 years committed gross indecency with man under 16 years)
where the victim was under 16 or did not consent, and the
conviction has not been disregarded under Chapter 4 of Part 5 of
the Protection of Freedoms Act 2012
Sexual Offences Act 1956
14
Indecent assault on a woman
Sexual Offences Act 1956
15
Indecent assault on a man
Sexual Offences Act 1956
16
Assault with intent to commit buggery
Sexual Offences Act 1956
17
Abduction of a woman by force or for the sake of her property
(took away / detained a woman against her will and by force with
intention she should marry / have unlawful sexual intercourse
with self / another person)
Sexual Offences Act 1956
19
Abduction of unmarried girl under 18
Sexual Offences Act 1956
20
Abduction of unmarried girl under 16
Sexual Offences Act 1956
21
Abduction of defective from parent or guardian
Sexual Offences Act 1956
22
Causing prostitution of women
Sexual Offences Act 1956
23
Procuration of girl under 21
Sexual Offences Act 1956
24
Detention of a woman in a brothel or other premises
Sexual Offences Act 1956
25, 26
Sexual Offences Act 1956
27
Permitting defective to use premises for intercourse
Sexual Offences Act 1956
28
Causing or encouraging prostitution of, intercourse with or
indecent assault on, girl under 16
Sexual Offences Act 1956
29
Causing or encouraging prostitution of defective
Sexual Offences Act 1956
30
Man living on earnings of prostitution
Sexual Offences Act 1956
31
Woman exercising control over prostitute
Permitting girl, under 13, or between 13 and 16, to use premises
for intercourse
57
Mental Health Act 1959
128
Indecency with Children
Act 1960
1
Indecency with children under the age of 16
Sexual Offences Act 1967
4
Procuring others to commit homosexual acts
Sexual Offences Act 1967
5
Living on the earnings of male prostitution
Theft Act 1968
Misuse of Drugs Act 1971
9(1)(a)
4(3)
Sexual intercourse with patients
Burglary (with intent to commit rape)
Production or supply of controlled drugs where the victim was a
child
Criminal Law Act 1977
54
Inciting a girl under the age of 16 to have incestuous sexual
intercourse
Protection of Children Act
1978
1
Taking, or permitting to be taken, or to make any indecent
photograph or pseudo-photograph of a child; distribution or
possession of indecent photograph of a child
Customs and Excise
Management Act 1979
170
Penalty for fraudulent evasion of duty relating to importation of
indecent or obscene material
Mental Health Act 1983
127
Ill-treatment or wilful neglect of a patient with a mental disorder
Child Abduction Act 1984
1
Abduction of child by a parent
Child Abduction Act 1984
2
Abduction of child by other persons
Criminal Justice Act 1988
160
Sexual Offences
(Amendment) Act 2000
3
Nationality, Immigration
and Asylum Act 2002
145
Possession of indecent photographs of children
Abuse of trust (being a person aged 18 years or over in a
position of trust has sexual intercourse / engages in sexual
activity with a person under 18)
Traffic in prostitution
Female Genital Mutilation
Act 2003
1
Carrying out female genital mutilation where the victim was a
child
Female Genital Mutilation
Act 2003
2
Aiding, abetting, counselling or procuring a girl to mutilate her
own genitals where the victim was a child
Female Genital Mutilation
Act 2003
3
Aiding, abetting, counselling or procuring a non-UK person to
mutilate a girl’s genitals where the victim was a child
Sexual Offences Act 2003
1
Rape
Sexual Offences Act 2003
2
Assault by penetration
Sexual Offences Act 2003
3
Sexual assault
Sexual Offences Act 2003
4
Causing a person to engage in sexual activity without consent
Sexual Offences Act 2003
4(1A)
Sexual Offences Act 2003
5
Rape of a child under 13
Sexual Offences Act 2003
6
Assault of a child under 13 by penetration
Sexual Offences Act 2003
7
Sexual assault of a child under 13
Sexual Offences Act 2003
8
Causing or inciting a child under 13 to engage in sexual activity
Sexual Offences Act 2003
9
Sexual activity with a child
Sexual Offences Act 2003
10
Causing or inciting a child to engage in sexual activity
Trafficking people for labour and other exploitation
58
Sexual Offences Act 2003
11
Engaging in sexual activity in the presence of a child (being a
person aged 18 years or over, for the purpose of obtaining
sexual gratification intentionally engaged in sexual activity in the
presence / in a place where you could be observed by a child
under 13 or 13 to 15 years old, knowing / believing that a child
was or intending that the child should be aware that you were
engaging in that activity)
Sexual Offences Act 2003
12
Causing a child to watch a sexual act (being a person of 18
years or over, for the purpose of obtaining sexual gratification
intentionally caused a child under 13, or 13 to 15 years old who
you did not reasonably believe was aged 16 years or over, to
watch a third person / look at an image of any person engaging
in sexual activity)
Sexual Offences Act 2003
14
Arranging or facilitating commission of a child sex offence
Sexual Offences Act 2003
15
Meeting a child following sexual grooming (being a person 18 or
over, having on at least two earlier occasions met /
communicated with a girl / boy under 16 and who you did not
reasonably believe was 16 or over, intentionally met / travelled
with the intention of meeting that girl / boy and at the time you
intended to do anything to / in respect of him / her during / after
the meeting and in any part of the world which if done would
have involved the commission by you of a relevant offence)
Sexual Offences Act 2003
16
Abuse of position of trust: sexual activity with a child
Sexual Offences Act 2003
17
Abuse of position of trust: causing or inciting a child to engage in
sexual activity
Sexual Offences Act 2003
18
Abuse of position of trust: sexual activity in the presence of a
child (being a person aged 18 or over in a position of trust in
relation to a child under 13, for the purpose of obtaining sexual
gratification intentionally engaged in sexual activity in the
presence of / where you could be observed by that child,
knowing or believing that the child was / intending that the child
should be aware that you were engaging in that activity or
caused that child to watch a third person / look at an image of
any person engaging in a sexual activity)
Sexual Offences Act 2003
19
Abuse of position of trust: causing a child to watch a sexual act
(being a person 18 or over in a position of trust in relation to a
child aged between 13 and 17 who you did not reasonably
believe was aged 18 or over, for the purpose of obtaining sexual
gratification intentionally caused that child to watch a third
person / look at an image of a person engaging in sexual activity)
Sexual Offences Act 2003
25
Sexual activity with a child family member
Sexual Offences Act 2003
26
Inciting a child family member to engage in sexual activity
Sexual Offences Act 2003
47
Paying for sexual services of a child
Sexual Offences Act 2003
48
Causing or inciting child prostitution or pornography
Sexual Offences Act 2003
49
Controlling a child prostitute or a child involved in pornography
Sexual Offences Act 2003
50
Arranging or facilitating child prostitution or pornography
Sexual Offences Act 2003
52
Causing or inciting prostitution for gain
Sexual Offences Act 2003
53
Controlling prostitution for gain
Sexual Offences Act 2003
57
Trafficking into the UK for sexual exploitation
Sexual Offences Act 2003
58
Trafficking within the UK for sexual exploitation
Sexual Offences Act 2003
59
Trafficking out of the UK for sexual exploitation
59
Sexual Offences Act 2003
59A
Trafficking people for sexual exploitation
Sexual Offences Act 2003
61
Sexual Offences Act 2003
62, 63
Sexual Offences Act 2003
66
Exposure where the victim was under 16
Sexual Offences Act 2003
67
Voyeurism (for the purpose of obtaining sexual gratification
observed / operated equipment / recorded / installed equipment
or constructed / adapted a structure / part of a structure to
observe another person doing a private act, knowing that the
person did not consent to being observed) where the victim was
under 16
Sexual Offences Act 2003
72
Sexual offences committed outside the UK (corresponding to an
offence which leads to an automatic barring from work with
adults with the right to make representations)
Asylum and Immigration
(Treatment of Claimants,
etc.) Act 2004
4
Trafficking people for exploitation
Domestic Violence, Crime
and Victims Act 2004
5
Causing or allowing a child or vulnerable adult to die, suffer
serious physical harm
Mental Capacity Act 2005
44
Ill-treatment or wilful neglect
Criminal Justice and
Immigration Act 2008
63
Possession of extreme pornographic images
Coroners and Justice Act
2009
62
Possession of prohibited images of children
Administering a substance with intent (administered a substance
to / caused a substance to be taken by another person, knowing
he/she did not consent and with the intention of stupefying /
overpowering him/her so as to enable any person to engage in a
sexual activity involving him/her)
Committing an offence or trespassing with intent to commit a
sexual offence
60
Chapter 4
Annex B1
Regulated activity - children
Regulated activity in relation to children: scope
Regulated activity is work that a barred person must not do. This annex provides information on the scope of
regulated activity in relation to children, defined in the Safeguarding Vulnerable Groups (SVG) Act 2006 as
amended (in particular by the Protection of Freedoms Act 2012). References to specific provisions of the
legislation have been omitted for clarity.
Regulated activity excludes family arrangements and personal, non-commercial arrangements.
Summary
The new definition of regulated activity (i.e. work that a barred person must not do) in relation to children
comprises, in summary:

unsupervised activities: teach, train, instruct, care for or supervise children, or provide advice or guidance
on well-being, or drive a vehicle only for children.

work for a limited range of establishments (‘specified places’), with opportunity for contact: eg schools,
children’s homes, childcare premises. Does not include work by supervised volunteers.

relevant personal care, eg washing or dressing; or health care by or supervised by a professional.

registered childminding and foster care.
The first two of these work are regulated activity only if done regularly: “regularly” is defined in detail in the
table below.
Full description of scope
Part 1 Regulated activity in relation to children - activities
The activities in the left-hand column are regulated activity in relation to children, subject to:

exceptions in the right-hand column; and
 different provisions for “establishments” (specified places) in Part 2 below.
All need to be read together to understand the scope of regulated activity; do not read the left-hand column in
isolation.
Definition of “overnight”:
In relation to teaching, training or instruction; care or supervision; or advice or guidance, it is also regulated
activity if carried out (even once) at any time between 2am and 6am and with an opportunity for face-to-face
contact with children.
61
Activity
All of regulated activity
Exceptions - not regulated activity
Activity by a person in a group assisting or acting
on behalf of, or under direction of, another person
engaging in regulated activity in relation to children.
(This is the “peer exemption”.)
Supervised activity - under reasonable day-to-day
supervision by another person engaging in
regulated activity.
Teaching, training or instruction of children, carried
out by the same person frequently (once a week or
more often), or on 4 or more days in a 30-day
period, or overnight.
Activity relating to a child in the course of his
employment, not by a person for whom
arrangements exist principally for that purpose.
Day to day management or supervision on a
regular basis of a person providing this activity
which would be regulated if unsupervised.
Activity merely incidental to activity with adults.
Supervised activity - under reasonable day-to-day
supervision by another person engaging in
regulated activity.
Care or supervision of children if carried out by the
same person frequently (once a week or more
often), or on 4 or more days in a 30-day period or
overnight.
Activity relating to a child in course of his
employment, not by person for whom
arrangements exist principally for that purpose.
Certain types of care are regulated activity even if
done only once:
Relevant personal care
(a) physical help in connection with eating or
drinking, for reasons of illness or disability.
(b) physical help for reasons of age, illness, or
disability, in connection with:
 toileting (including re menstruation);
 washing, bathing, or dressing.
 prompting with supervision, in relation to (a)-(b)
above, where the child is otherwise unable to
decide.
 other training or advice in relation to (a) and (b)
above.
Activity merely incidental to activity with adults.
Health care
All forms of health care relating to physical or
mental health, including palliative care and
procedures similar to medical or surgical care.
(This replaces an earlier category of treatment or
therapy.)
Health care not by, or directed or supervised by, a
regulated health care professional.
Day-to-day management or supervision on a
regular basis of a person providing this activity
which would be regulated if unsupervised.
Advice or guidance provided wholly or mainly for
children relating to their physical, emotional or
educational well-being if carried out by the same
person frequently (once a week or more often), or
on 4 or more days in a 30-day period or overnight.
Moderating a public electronic interactive
communication service likely to be used wholly or
mainly by children, carried out by the same person
frequently (once a week or more often), or on 4 or
more days in a 30-day period.
Driving a vehicle being used only for conveying
children and carers or supervisors under
arrangements as prescribed in regulations, carried
out by the same person frequently (once a week or
more often), or on 4 or more days in a 30-day
period.
Legal advice.
Activity relating to a child in course of his
employment, not by person for whom
arrangements exist principally for that purpose.
Activity by a person who does not have access to
the content of the matter, or contact with users.
62
Activity
Early years or later years childminding* with a
requirement to register, or voluntary registration,
under Childcare Act 2006.
Exceptions - not regulated activity
*
on domestic premises, for reward; as opposed
to “childcare premises” in part 2 below.
Fostering a child.
Care arranged by family members and not for
reward.
A local authority can foster a child with a barred
person who is, or lives with, a relative of the child.
Wales only:
 child minding with requirement to register under
Children Act 1989 including activities that
require registration if child under eight;
 functions of Children’s Commissioner for Wales
and deputy;
 inspection functions in relation to education,
training, childcare and children’s health or
social care.
Day-to-day management on a regular basis of a
person providing a regulated activity as defined
here.
Part 2 Regulated activity in relation to children - establishments
An activity is regulated activity in relation to children if carried out (subject to exceptions below):

in one of the following establishments;

frequently (once a week or more often), or on 4 or more days in a 30-day period;

by the same person, engaged in work for or in connection with the purposes of the establishment; and

it gives the person the opportunity, in their work, to have contact with children.
Day-to-management or supervision on a regular basis of a person providing the above regulated activity for
children is regulated activity for children.
Activity
 schools (all or mainly full-time, for children).
 pupil referral units (also known as Short Stay
Schools) not falling within the above.
 nursery schools.
 institutions for the detention of children.
 children’s homes.
 children’s centres in England.
 childcare premises (including nurseries).
Exceptions - not regulated activity
Activity by person contracted (or volunteering) to
provide occasional or temporary services (not
teaching, training or supervision of children).
Volunteering, under day-to-day supervision of
another person engaging in regulated activity.
Activity by a person in a group assisting or acting
on behalf of, or under direction of another person
engaging in regulated activity.
Day-to-day management or supervision on a
regular basis of a volunteer activity which would be
regulated if unsupervised.
Childcare premises which are the home of a parent
etc. of at least one child to whom the childcare or
child minding is provided;
For activity undertaken regularly in a number of
different establishments, but only infrequently in
each: each establishment is only arranging the
activity infrequently, so each establishment is not a
regulated activity provider in relation to that activity.
63
Chapter 4
Annex B2
Regulated activity - adults
This annex provides information on the scope of regulated activity in relation to adults, as defined in the
Safeguarding Vulnerable Groups Act 2006 (SVGA) and as amended by the Protection of Freedoms Act 2012.
It describes the situation in England and Wales. Certain inspection functions and commissioners are
additionally within regulated activity in Wales.
The definition of regulated activity for adults identifies activities provided to any adult which, if any adult
requires them, will mean that the adult will be considered vulnerable at that particular time. The SVGA no
longer labels adults as “vulnerable” because of the setting in which the activity is received, nor because of the
personal characteristics or circumstances of the adult receiving the activities. This means, for example,
anyone providing personal care to an adult is in regulated activity irrespective of whether that occurs in, say,
a hospital, a care home, a day care centre, sheltered housing, or in a prison.
There is no longer a requirement for a person to carry out the activities a certain number of times before they
are engaging in regulated activity. Any time a person engages in the activities set out below, they are engaging
in regulated activity.
General points
1. Regulated activity excludes any activity carried out in the course of family relationships and personal, noncommercial relationships.
 Family relationships involve close family (eg parents, siblings, grandparents) and relationships
between two people who live in the same household and treat each other as family.
 Personal, non-commercial relationships are arrangements where either no money changes hands, or
any money that does change hands is not part of a commercial relationship (for example, giving a
friend money for petrol after they have driven you to the hospital), and the arrangement is made
between friends or family friends.
2. An adult is a person aged 18 years or over.
3. A person whose role includes the day-to-day management or supervision of any person who is engaging
in regulated activity, is also in regulated activity.
Definition of regulated activity
There are six categories of regulated activity.
Providing health care
1. The provision of health care by any health care professional to an adult, or the provision of health care
to an adult under the direction or supervision of a health care professional, is regulated activity.
a. A health care professional is a person who is regulated by any of the following professional
regulators:
General Medical Council
General Dental Council
General Optical Council
General Osteopathic Council
General Chiropractic Council
General Pharmaceutical Council
Pharmaceutical Society of Northern Ireland
Nursing and Midwifery Council
Health Professions Council
64
b. Health care includes all forms of health care provided for adults, whether relating to physical or mental
health, and includes palliative care. This includes diagnostic tests and investigative procedures.
Health care also includes procedures that are similar to forms of medical or surgical care that are not
provided in connection with a medical condition. Examples of this are taking blood from a blood donor
and cosmetic surgery.
2. The provision of psychotherapy and counselling to an adult which is related to health care that the adult
is receiving from, or under the direction or supervision of, a health care professional, is regulated activity.
This would include the provision of psychotherapy and counselling over the telephone. Life coaching is
excluded.
3. First aid, when any person administering the first aid is doing so on behalf of an organisation established
for the purpose of providing first aid (eg St John Ambulance Service), is regulated activity. This includes
first aid given by Community First Responders.
4. A worker employed for another purpose who volunteers, or is designated, to be that organisation’s first
aider is not in regulated activity. For example, a person who works in a department store whose role
includes being a first aider is not engaging in regulated activity.
5. Members of peer support groups (for example, Alcoholics Anonymous) are not in regulated activity,
even if the group is directed or supervised by a health care professional.
6. All staff who work in community pharmacies and opticians who are not regulated health care
professionals are excluded from regulated activity. For example, a person who works in a high street
pharmacy providing health advice to customers over the pharmacy counter is not in regulated activity.
7. Staff in GP surgeries or dental practices who do not provide health care (for example, receptionists) are
not in regulated activity.
Providing personal care
1. Anyone who provides an adult with physical assistance with eating or drinking, going to the toilet, washing
or bathing, dressing, oral care or care of the skin, hair or nails because of the adult’s age, illness or
disability, is in regulated activity.
2. Anyone who prompts and then supervises an adult who, because of their age, illness or disability, cannot
make the decision to eat or drink, go to the toilet, wash or bathe, get dressed, or care for their mouth, skin,
hair or nails without that prompting and supervision, is in regulated activity.
3. Anyone who trains, instructs or provides advice or guidance which relates to eating or drinking, going to
the toilet, washing or bathing, dressing, oral care or care of the skin, hair or nails to adults who need it
because of their age, illness or disability, is in regulated activity.
4. There is one exception to this. Excluded from regulated activity is any physical assistance provided to an
adult in relation to the care of their hair when that assistance relates only to the cutting of the adult’s hair.
This is to ensure that hairdressers who cut the hair of patients and residents in hospitals and care homes
are not engaging in regulated activity.
Illustrative examples:
 A care assistant in a care home who cuts and files an adult’s nails to keep the nails short and safe,
because the adult cannot do it themselves (for example, because they cannot see well enough) would
be engaging in regulated activity.
 A beauty therapist who attends a day care centre once a week and provides manicures for anyone
who would like one, instead of for people who need them because of their age, illness or disability, is
not engaging in regulated activity.
 A volunteer who prepares and serves a meal to an adult in their own home (but does not feed the
adult) is not engaging in regulated activity. To be engaged in regulated activity you must provide
physical assistance to the person, for example spoon-feeding that person, or you must be prompting
and supervising (for example, prompting and supervising a person with dementia, because without it
they would not eat), or training or instructing (for example, teaching a person who has suffered a
stroke to eat using adapted cutlery).
65


A health care assistant on a hospital ward who feeds an adult because they are too frail to feed
themselves would be engaging in regulated activity.
A worker in a care home who reminds a person with dementia to eat their lunch, and ensures they do
so, is in regulated activity.
Providing social work
The activities of regulated social workers in relation to adults who are clients or potential clients are a regulated
activity. These activities include assessing or reviewing the need for health or social care services, and
providing ongoing support to clients.
Assistance with general household matters
Anyone who provides day-to-day assistance to an adult because of their age, illness or disability, where that
assistance includes at least one of the following, is in regulated activity:
 managing the person’s cash,
 paying the person’s bills, or
 shopping on their behalf.
Illustrative examples:
 A volunteer who collects shopping lists and the cash to pay for the shopping from older adults’ homes,
who then does the shopping on their behalf, would be engaging in regulated activity.
 A befriender who helps a disabled person compile their weekly shopping list is not in regulated activity.
Assistance in the conduct of a person’s own affairs
Anyone who provides assistance in the conduct of an adult’s own affairs by virtue of:







lasting power of attorney under the Mental Capacity Act 2005,
enduring power of attorney within the meaning of the Mental Capacity Act 2005,
being appointed as the adult’s deputy under the Mental Capacity Act 2005,
being an Independent Mental Health Advocate,
being an Independent Mental Capacity Advocate,
providing independent advocacy services under the National Health Service Act 2006 or National
Health Service (Wales) Act 2006, or
receiving payments on behalf of that person under the Social Security Administration Act 1992,
is in regulated activity.
Conveying
1. Any drivers and any assistants who transport an adult because of their age, illness or disability to or from
places where they have received, or will be receiving, health care, relevant personal care or relevant social
work, are in regulated activity. The driver does, or the person assists in, such conveying on behalf of an
organisation and for the purpose of enabling the adult to receive services. The meaning of health care,
relevant personal care and relevant social work are covered above.
2. In addition, hospital porters, Patient Transport Service drivers and assistants, Ambulance Technicians,
and Emergency Care Assistants who transport an adult because of their age, illness or disability to or from
places where they have received, or will be receiving, health care, relevant personal care or relevant social
work, are also in regulated activity.
3. Conveying does not include licensed taxi drivers or licensed private hire drivers, and does not include trips
taken for purposes other than to receive health care, personal care or social work (for example, trips for
pleasure are excluded).
66
Illustrative examples:
 A person who volunteers to take an adult to and from their GP appointment on behalf of a community
group is in regulated activity. It would not matter if that person knows, or is friends with, the adult they
were taking to the appointment if the conveying is on behalf of the group.
 A friend who takes their neighbour to a hospital appointment would not be in regulated activity, as this
is a personal relationship.
67
Chapter 4
Annex C
DBS request for barred status information
TEMPLATE: LETTER TO DBS REQUESTING INFORMATION ON THE BARRED STATUS OF A
PRISONER
(to be sent on establishment headed paper)
To:
Disclosure and Barring Service
PO Box 181
Darlington
DL1 9FA
Sent via secure email to [email protected]
SAFEGUARDING VULNERABLE GROUPS ACT 2006, SECTION 50A(1C): REQUEST FOR BARRED
STATUS INFORMATION
I am making enquiries about the barred status of a prisoner currently serving a custodial sentence in this
establishment.
Prisoner details
Full name:
Any aliases:
Date of birth:
Any alias date of birth:
Gender:
Last known address:
Prison number:
PNC number:
Current conviction:
Relevant previous conviction(s):
Please would you advise whether the above-named prisoner is included in the:
Children’s barred list
YES
NO
Linked Interest
Adults’ barred list
YES
NO
Linked Interest
I confirm that this information is required for the purpose of the protection of children or vulnerable adults.
Yours sincerely
Signature / Name printed / Department
68
Chapter 4
Annex D
DBS request for information behind barring decision
TEMPLATE: LETTER TO DBS REQUESTING INFORMATION BEHIND BARRING DECISION
(to be sent on establishment headed paper)
To:
Disclosure and Barring Service
PO Box 181
Darlington
DL1 9FA
Sent via secure email to [email protected]
SAFEGUARDING VULNERABLE GROUPS ACT 2006, SECTION 50A(1B): REQUEST FOR BARRED
STATUS INFORMATION
I am making enquiries in relation to the following prisoner who is currently serving a custodial sentence in
this establishment.
Prisoner details
Full name:
Any aliases:
Date of birth:
Any alias date of birth:
Gender:
Last known address:
Prison number:
PNC number:
Current conviction:
Relevant previous conviction(s):
I believe the prisoner to be included in the:
Children’s barred list
YES
NO
Adults’ barred list
YES
NO
In line with the information sharing process agreed between NOMS and the DBS, please would you provide
me with a summary of the findings that led to the barring decision.
I confirm that the information is required for:
[insert context in which information is being sought - for example, assessment of risk of harm,
development of sentence plan or risk management plan, consideration of licence conditions]
and is relevant to the purposes of offender management and the protection of children or vulnerable adults.
Yours sincerely
Signature / Name printed / Department
69
Chapter 5a
SAFEGUARDING AND PROMOTING THE WELFARE OF CHILDREN
1
STATUTORY DUTY
The Children Act 20041 places a duty on key people and bodies to make arrangements to ensure that their
functions, and any services that they contract out to others, are discharged with regard to the need to
safeguard and promote the welfare of children. The application of this duty will vary according to the nature
of each agency and its functions.
The key people and bodies that are covered by the duty are:

local authorities and district councils that provide children’s and other types of services, including
children’s and adult social care services, public health, housing, sport, culture and leisure services,
licensing authorities, youth services;

NHS organisations, including the NHS Commissioning Board and clinical commissioning groups, NHS
trusts and NHS Foundation Trusts;

the police, including Police and Crime Commissioners, the chief officer of each police force, and the
Mayor’s Office for Policing and Crime in London;

the British Transport Police;

National Probation Service and Community Rehabilitation Companies2;

Governors of prisons and Young Offender Institutions;

Directors of Secure Training Centres; and

Youth Offending Teams / Services.
The duty does not give agencies any new functions, nor does it over-ride their existing functions. However, it
requires them to carry out their existing functions in a way that takes into account the need to safeguard and
promote the welfare of children.
In the prison context, the duty means that Governors must have regard to the need to safeguard and promote
the welfare of the children in their custody and other children with whom staff and prisoners have contact.
This is not intended to override or interfere with Governors’ execution of their primary functions of executing
the warrant of the court by keeping in custody those committed by the courts, looking after them with humanity,
and helping them to lead law-abiding and useful lives in custody and after release. In carrying out this duty,
Governors must act in accordance with the Prison Act 1952 and the rules made under it, and must have regard
to policy decisions and directives issued by the Secretary of State for Justice.
1.1
Working Together to Safeguard Children
In England, statutory guidance on safeguarding and promoting the welfare of children is set out in Working
Together to Safeguard Children: A guide to inter-agency working to safeguard and promote the welfare of
children3. This guidance makes clear that safeguarding is everyone’s responsibility and sets out key roles for
1
2
3
The statutory duty is set out in s.11 of the Children Act 2004 for England and in s.28 for Wales.
The duty is conferred on CRCs by virtue of contractual arrangements entered into with the Secretary of State.
Working Together to Safeguard Children: A guide to inter-agency working to safeguard and promote the welfare of
children (March 2015, HM Government).
70
individual organisations and key elements of effective local arrangements for safeguarding. It requires all
organisations subject to the statutory safeguarding duty to have in place arrangements to maintain a culture
that reflects the importance of safeguarding and promotes the welfare of children, including:

a clear line of accountability for the commissioning and/or provision of services designed to safeguard
and promote the welfare of children;

a senior board-level lead to take leadership responsibility for the organisation’s safeguarding
arrangements;

a culture of listening to children and taking account of their wishes and feelings, both in individual
decisions and the development of services;

clear whistle-blowing procedures, which are suitably referenced in staff training and codes of conduct,
and a culture that enables issues about safeguarding and promoting the welfare of children to be
addressed;

arrangements that set out clearly the processes for sharing information with other professionals and
with the Local Safeguarding Children Board (LSCB);

a designated professional lead for safeguarding. Their role is to support other professionals in their
agencies to recognise the needs of children, including rescue from possible abuse or neglect.
Designated professional roles should always be explicitly defined in job descriptions. Professionals
should be given enough time, funding, supervision and support to fulfil their child welfare and
safeguarding responsibilities effectively;

safe recruitment practices for individuals whom the organisation will permit to work regularly with
children, including policies on when to obtain a criminal record check;

appropriate supervision and support for staff, including undertaking safeguarding training:

employers are responsible for ensuring that their staff are competent to carry out their
responsibilities for safeguarding and promoting the welfare of children, and for creating an
environment where staff feel able to raise concerns and feel supported in their safeguarding role;

staff should be given a mandatory induction, which includes familiarisation with child protection
responsibilities and procedures to be followed if anyone has any concerns about a child’s safety
or welfare; and


all professionals should have regular reviews of their own practice to ensure they improve over
time.
clear policies, in line with those from the LSCB, for dealing with allegations against people who work
with children. An allegation may relate to a person who works with children who has:

behaved in a way that has harmed a child, or may have harmed a child;

possibly committed a criminal offence against or related to a child; or

behaved towards a child or children in a way that indicates they may pose a risk of harm to
children.
In addition:

county level and unitary local authorities should have designated a particular officer, or team of
officers, to be involved in the management and oversight of allegations against people who work with
children. Arrangements should be put in place to ensure that any allegations about those who work
with children are passed to the designated officer or team without delay.

local authorities should put in place arrangements to provide advice and guidance on how to deal with
allegations against people who work with children to employers and voluntary organisations. Local
authorities should also ensure that there are appropriate arrangements in place to effectively liaise
with the police and other agencies to monitor the progress of cases and ensure that they are dealt
with as quickly as possible, consistent with a thorough and fair process.
71

employers and voluntary organisations should ensure that they have clear policies in place setting out
the process (including the timescales) for investigations, and what support and advice will be available
to individuals against whom allegations have been made. Any allegation against people who work
with children should be reported immediately to a senior manager within the organisation. The
designated officer or team should also be informed within one working day of all allegations that come
to an employer’s attention or that are made directly to the police.

if an organisation removes an individual (paid worker or unpaid volunteer) from work such as looking
after children (or would have, had the person not left first) because the person poses a risk of harm
to children, the organisation must make a referral to the Disclosure and Barring Service. It is an
offence to fail to make a referral without good reason.
Working Together also sets out key duties that fall on individual organisations. The guidance recognises the
Prison Service’s responsibility to identify prisoners who pose a risk of harm to children (see Chapter 5b).
Where a prisoner has been identified as presenting a risk of harm to children, the relevant prison:

should inform the relevant local authority children’s social care service of the offender’s reception,
subsequent transfers and release address (Chapter 5b, part 4).

must notify the relevant probation service provider. The police must also be notified of the release
address.

may prevent or restrict a prisoner’s contact with children. Decisions on the level of contact, if any,
should be based on a multi-agency risk assessment. The assessment should draw on relevant
information held by police, probation service provider and prison service. The relevant local authority
children’s social care contribute to the multi-agency risk assessment by providing a report on the
child’s best interests. The best interests will be paramount in the decision-making process (Chapter
5c, part 3).

can monitor a prisoner’s communication (letters and phone calls) to protect children where
proportionate and necessary to the risk presented (PSI 04/2016 The Interception of Communications
in Prisons and Security Measures).
Working Together recognises that Governors of women’s prisons that have Mother and Baby Units should
ensure that:

there is at all times a member of staff on duty in the Unit who is proficient in child protection, health &
safety, and first aid / child resuscitation; and

each baby has a child care plan setting out how its best interests will be maintained and promoted
during its residence on the Unit.
Working Together also recognises that each establishment holding those aged under 18 must have in place
an annually reviewed safeguarding children policy. The policy is designed to safeguard and promote the
welfare of children and will cover issues such as child protection, risk of harm, restraint, recruitment and
information sharing. A Safeguarding Children Manager must be appointed and will be responsible for
implementation of this policy4.
The relevant statutory guidance for Wales is contained in Safeguarding Children: Working Together Under the
Children Act 20045. This contains guidance similar to that for England but suitably amended to reflect the
devolved arrangements in Wales.
4
5
PSI 08/2012 Care and Management of Young People.
September 2006, Welsh Assembly Government.
72
1.2 Local Safeguarding Children Boards (LSCBs) (England) and Safeguarding
Children Boards (SCB) (Wales)
The LSCB6 is the key statutory mechanism for agreeing how the relevant organisations in the area will cooperate to safeguard and promote the welfare of children in that locality, and for ensuring the effectiveness of
what they do. It has a range of roles and statutory functions, including developing local safeguarding policy
and procedures and scrutinising local arrangements. The LSCB should link effectively with other local
partnerships and arrangements, including the Multi-Agency Public Protection Arrangements (MAPPA).
Every local authority area in England should establish a LSCB for their area. Many organisations subject to
the statutory safeguarding duty are also required to take part in LSCBs. The LSCB must include at least one
representative of the Local Authority and each of the other Board partners set out below 7:

district / borough councils in local government areas that have them;

the chief officer of police;

probation service provider(s);

the Youth Offending Team;

the NHS Commissioning Board and Clinical Commissioning Groups;

NHS Trusts and NHS Foundation Trusts, all or most of whose hospitals or establishments and facilities
are situated in the local authority area;

CAFCASS (Children and Family Courts Advisory and Support Service);

the Director of any Secure Training Centre; and
 the Governor of any prison that ordinarily detains children.
Other organisations can be involved in LSCBs by agreement.
The statutory objectives8 of an LSCB are:

to co-ordinate what is done by each person or body represented on the LSCB for the purposes of
safeguarding and promoting the welfare of children in the authority’s area; and

to ensure the effectiveness of what is done by each person or body for that purpose.
The LSCB is not an operational body or one that commissions or delivers frontline services. Each Board
partner retains its own existing line of accountable for safeguarding. While LSCBs do not have a power to
direct other organisations, they do have a role in making local partners and relevant regulators and
inspectorates aware where improvement is needed.
The statutory functions9 of an LSCB in England are to:

develop policy and procedures for safeguarding and promoting the welfare of children in the area of
the authority, including policies and procedures in relation to:
6
7
8
9

the action to be taken where there are concerns about a child’s safety or welfare, including
thresholds for intervention;

the training of persons who work with children or in services affecting the safety and welfare of
children;

the recruitment and supervision of persons who work with children;

the investigation of allegations concerning persons who work with children;
At the time of writing, a fundamental review of the role and functions of LSCBs had taken place and proposed new
arrangements for multi-agency working were being developed by the Department for Education.
Children Act 2004, s.13(3).
Children Act 2004, s.14(1).
Local Safeguarding Children Boards Regulations 2006, SI 2006/90.
73


the safety and welfare of children who are privately fostered; and

co-operation with neighbouring children’s services authorities and their Board partners;
communicate to persons and bodies in the area the need to safeguard and promote the welfare of
children, raising their awareness of how this can best be done, and encouraging them to do so;

monitor and evaluate the effectiveness of what is done by the authority and their Board partners
individually and collectively to safeguard and promote the welfare of children, and advise them on
ways to improve;

participate in local planning of services for children;

undertake a review of serious cases and advising the authority and their Board partners on lessons
to be learned (see part 2 below);

review the deaths of all children who are normally resident in their area, and put in place procedures
to ensure that there is a co-ordinated response by relevant organisations to an unexpected death of
a child;

annually publish a report on the effectiveness of safeguarding and promoting the welfare of children
in the local area. The report should be submitted to the Chief Executive of the local authority, the
Leader of the Council, the local Police and Crime Commissioner, and the Chair of the Health and
Wellbeing Board.
In Wales, the designated lead partner10 is required to establish a SCB for its area11. The objectives of a SCB12
are to:

protect children within its area who are experiencing, or are at risk of, abuse, neglect or other kinds of
harm; and

prevent children within its area from becoming at risk of abuse, neglect or other kinds of harm.
The statutory functions13 of an SCB in Wales are to:

co-operate with other Safeguarding Boards and the National Board with a view to:

contributing to the development and review of national policies and procedures for Safeguarding
Boards; and

implementing national policies and procedures recommended by, and guidance and advice given
by, the National Board;

raise awareness throughout the Safeguarding Board area of the Board’s objectives and how they
might be achieved;

undertake relevant reviews, audits and investigations;

review the efficacy of measures taken by the Board to achieve its objectives;

make recommendations in light of those reviews, to monitor the extent to which those
recommendations are carried out and to take appropriate action where it is shown that the Board’s
objectives are not being fulfilled;

disseminate information about those recommendations to other appropriate Safeguarding Boards and
the National Board;

facilitate research into protection of, and prevention of abuse and neglect of, children or adults at risk
of harm;

10
11
12
13
review the training needs of and promote the provision of suitable training for persons working to
achieve the Board’s objectives;
The Safeguarding Boards (General) (Wales) Regulations 2015 specify the board areas (Schedule 1) and lead
partners (Schedule 2).
Social Services and Well-being (Wales) Act 2014, s134(4).
Social Services and Well-being (Wales) Act 2014, s135(1).
The Safeguarding Boards (Functions and Procedures) (Wales) Regulations 2015, Reg 3.
74

arrange and facilitate an annual programme of multi-agency professional forums; and

co-operate or act jointly with any similar body situated in any jurisdiction where the Board considers
that this will help it to fulfil its objectives;

obtain specialist advice or information relevant to the attainment of the Board’s objectives; and

undertake practice reviews.
LSCBs and SCBs should play a strong role in supporting information sharing between and within organisations
and addressing any barriers to information sharing. In addition, either Board can require a person or body to
comply with a request for information14. This can take place only where the request is made for the purpose
of enabling or helping the Board to carry out its statutory functions. Any request for information about
individuals must be necessary and proportionate to the reasons for the request.
2
REVIEWS OF SERIOUS CASES
2.1
Serious Case Reviews (England)
Regulation 5 of the Local Safeguarding Children Boards Regulations 2006 requires LSCBs to undertake
reviews of serious cases. The primary purpose of a serious case review is for agencies and individuals to
identify improvements in the way in which they work, both individually and collectively, to safeguard and
promote the welfare of children and to consolidate good practice. Regulation 5 sets out that an SCR is one
where:
(a) abuse or neglect of a child is known or suspected; and
(b) either
(i) the child has died; or
(ii) the child has been seriously harmed and there is cause for concern as to the way in which the
authority, their Board partners or other relevant persons have worked together to safeguard the
child.
LSCBs may also conduct management reviews of cases that do not meet the criteria for an SCR but which
could provide valuable lessons about how organisations are working together to safeguard and promote the
welfare of children. Guidance on conducting audits and reviews, including serious case reviews and child
death reviews15, is set out in Chapter 4 of Working Together.
2.2
Child Practice Reviews (Wales)
Regulation 4 of the Safeguarding Boards (Functions & Procedures) (Wales) Regulations 2015 requires SCBs
in Wales to undertake child practice reviews to identify any steps that can be taken by Board partners or other
bodies to achieve improvements in multi-agency child protection practice.
A Board must undertake a concise child practice review in any of the following cases where, within the area
of the Board, abuse or neglect of a child is known or suspected and the child has:
14
15

died; or

sustained potentially life threatening injury; or
Children Act 2004, s.14B, which was inserted by s.8 of the Children, Schools and Families Act 2010. ; Social
Services and Well-being (Wales) Act 2014, s.137.
This is a review of the death of a child normally resident in the LSCB’s area, undertaken by a Child Death Overview
Panel. A child death review may lead to a serious case review.
75

sustained serious and permanent impairment of health or development; and
the child was neither on the child protection register nor a looked-after child on any date during the 6 months
preceding:

the date of the event referred to above; or

the date on which a local authority or relevant partner identifies that a child has sustained serious and
permanent impairment of health and development.
The purpose of a review is to identify learning for future practice and involves practitioners, managers and
senior officers in exploring the detail and context of agencies’ work with a child and family. The output of a
review is intended to generate professional and organisational learning and promote improvement in future
inter-agency child protection practice.
A Board must undertake an extended child practice review in any of the following cases where, within the area
of the Board, abuse or neglect of a child is known or suspected and the child has:

died; or

sustained potentially life threatening injury; or

sustained serious and permanent impairment of health or development; and
the child was on the child protection register and/or was a looked-after child (including a care leaver under the
age of 18) on any date during the 6 months preceding:

the date of the event referred to above; or

the date on which a local authority or relevant partner identifies that a child has sustained serious and
permanent impairment of health and development.
The review follows the same process and timescale as a concise review, engaging directly with children and
families, in so far as they wish and is appropriate, and involving practitioners, managers and senior officers
throughout. There is an additional level of scrutiny of the work of the statutory agencies and the statutory
plan(s) that were in place for the child or young person.
Guidance on conducting child practice reviews is contained in Protecting Children in Wales: Guidance for
Arrangements for Multi-Agency Child Practice Reviews (Welsh Government, January 2013).
3
DEFINITIONS
The following is taken from Working Together.
“Children” means persons who have not yet reached their 18th birthday and includes, therefore, any
reference to “young people”. The fact that a child has reached 16 years of age, is living independently, is in
further education, is a member of the armed forces, is in hospital or in custody in the secure estate for children
and young people, does not change his or her status or entitlement to services or protection under the Children
Act 1989.
“Safeguarding and promoting welfare of children” is defined for the purposes of Working Together as:

protecting children from maltreatment;

preventing impairment of children’s health or development;

ensuring that children are growing up in circumstances consistent with the provision of safe and
effective care;

taking action to enable all children to have the best life chances.
76
“Child protection” is a part of safeguarding and promoting welfare. This refers to the activity that is
undertaken to protect specific children who are suffering, or are likely to suffer, significant harm. Effective
child protection is essential as part of wider work to safeguard and promote the welfare of children. However,
all agencies and individuals should aim proactively to safeguard and promote the welfare of children so that
the need for action to protect children from harm is reduced.
4
DESCRIPTIONS
Abuse is a form of maltreatment of a child. Somebody may abuse or neglect a child by inflicting harm, or by
failing to act to prevent harm. Children may be abused in a family or in an institutional or community setting,
by those known to them or, more rarely, by others (eg via the internet). They may be abused by an adult or
adults, or by another child or children.
Physical abuse may involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating,
or otherwise causing physical harm to a child. Physical harm may also be caused when a parent or carer
fabricates the symptoms of, or deliberately induces, illness in a child.
Emotional abuse is the persistent emotional maltreatment of a child such as to cause severe and persistent
adverse effects on the child’s emotional development. It may involve conveying to a child that they are
worthless or unloved, inadequate, or valued only so far as they meet the needs of another person. It may
include not giving the child opportunities to express their views, deliberately silencing them, or “making fun” of
what they say or how they communicate it. It may feature age- or developmentally-inappropriate expectations
being imposed on children. These may include interactions that are beyond a child’s developmental capability,
as well as overprotection and limitation of exploration and learning, or preventing the child participating in
normal social interaction. It may involve seeing or hearing the ill-treatment of another. It may involve serious
bullying (including cyber-bullying), causing children frequently to feel frightened or in danger, or the exploitation
or corruption of children. Some level of emotional abuse is involved in all types of maltreatment of a child,
though it may occur alone.
Sexual abuse involves forcing or enticing a child or young person to take part in sexual activities, not
necessarily involving a high level of violence, whether or not the child is aware of what is happening. The
activities may involve physical contact, including assault by penetration (for example, rape or oral sex) or nonpenetrative acts such as masturbation, kissing, rubbing and touching outside of clothing. They may also
include non-contact activities, such as involving children in looking at, or in the production of, sexual images,
watching sexual activities, encouraging children to behave in sexually inappropriate ways, or grooming a child
in preparation for abuse (including via the internet). Sexual abuse is not solely perpetrated by adult males.
Women can also commit acts of sexual abuse, as can other children.
Neglect is the persistent failure to meet a child’s basic physical and/or psychological needs, likely to result in
the serious impairment of the child’s health or development. Neglect may occur during pregnancy as a result
of maternal substance abuse. Once a child is born, neglect may involve a parent or carer failing to:

provide adequate food, clothing and shelter (including exclusion from home or abandonment);

protect a child from physical and emotional harm or danger;

ensure adequate supervision (including the use of inadequate care-givers); or

ensure access to appropriate medical care or treatment.
77
It may also include neglect of, or unresponsiveness to, a child’s basic emotional needs. Child neglect falls
into four main categories: physical, educational, emotional, and medical neglect.
Child sexual exploitation is a type of sexual abuse in which children are sexually exploited for money, power
or status. It involves exploitative situations, contexts and relationships where young people (or a third person
or persons) receive something (eg food, accommodation, drugs, alcohol, cigarettes, affection, gifts, money)
as a result of them performing, and/or another or others performing on them, sexual activities. Child sexual
exploitation can occur through the use of technology without the child’s immediate recognition; for example
being persuaded to post sexual images on the Internet or mobile phones without immediate payment or gain.
In all cases, those exploiting the child / young person have power over them by virtue of their age, gender,
intellect, physical strength and/or economic or other resources. Violence, coercion and intimidation are
common, involvement in exploitative relationships being characterised in the main by the child or young
person’s limited availability of choice resulting from their social, economic and/or emotional vulnerability .16
Abuse linked to faith or belief is not common but can lead to extreme physical and emotional abuse and to
child deaths. It includes17 belief in concepts of witchcraft and spirit possession, demons or the devil acting
through children or leading them astray; the evil eye or djinns and dakini; ritual or muti murders where the
killing of children is believed to bring supernatural benefits or the use of their body parts is believed to produce
potent magical remedies; and the use of belief in magic or witchcraft to create fear in children to make them
more compliant when they are being trafficked for domestic slavery or sexual exploitation.
The term “belief in spirit possession” can be defined as the belief that an evil force has entered a person and
is controlling him or her. Sometimes, the term “witch” is used and understood to mean that a person is able
to use an evil force to harm others. Other terms used are: kindoki, ndoki, sorcerers, the spirit world, black
magic, voodoo, obeah, demons. Rituals used to deal with “witches” or rid the victim of the “demon” are
commonly known as deliverance, exorcism and, less commonly, as healing or praying for children. Other
terms used are: beating the devil out; burning the evil out; creating a way out for the evil (eg cutting / stabbing);
squeezing the life out of the evil (eg strangulation / semi-strangulation); weakening the evil spirit (eg starvation
/ fasting); and stopping the evil from spreading to other people (eg isolation).
It is important to be aware that belief in spirit possession and witchcraft may not necessarily lead to harmful
practices. However, a child who is believed to be possessed by evil spirits or believed to be a witch is at
immediate risk of significant harm. To stigmatise a child by accusing him or her of being a witch or being
possessed by a spirit can be emotionally damaging. Abuse motivated by beliefs can lead to significant
physical, sexual, emotional abuse or neglect.
16
17
This definition of child sexual exploitation was created by the UK National Working Group for Sexually Exploited
Children and Young People and is used in statutory guidance in England.
National action plan to tackle child abuse linked to faith or belief, 2012.
78
Chapter 5b
PERSONS POSING A RISK TO CHILDREN
1
INTRODUCTION
Section 11 of the Children Act 2004 places duties on a range of organisations and individuals to ensure their
functions, and any services they contract out to others, are discharged having regard to the need to safeguard
and promote the welfare of children. This chapter sets out the identification, notification and assessment
requirements for prison staff when managing persons posing a risk to children (PPRC), including any PPRCs
under 18 years old.
To effectively discharge these duties, prison staff must correctly identify and share key sentence information
with local authority Children’s Services on any PPRCs in prison custody. For the purposes of this chapter,
contact with Children’s Services assumes that the prisoner’s home and release areas will be the same. If this
is not the case, please duplicate the correspondence to the release area Children’s Services.
2
IDENTIFICATION
2.1
Who is a risk to children18?
The following prisoners must be identified on or soon after reception procedures have been completed, and
the “potential PPRC” alert must be applied on Prison-NOMIS, for prisoners who have been:

convicted of or charged with a sexual offence against a child; or

convicted of or charged with murder or assault against a child; or

convicted of or charged with an offence related to domestic abuse where a child was involved; or

convicted of or charged with an offence where harm or neglect of a child was involved; or

convicted of or charged with an offence whose circumstances indicate the prisoner knowingly placed
a child at risk of serious harm, including harm caused to a child by seeing or hearing the ill-treatment
of another.
The list of offences in Annex A can be used to identify a potential PPRC, but it should not be relied on as an
exhaustive list. Prisoners who have a previous conviction for any of the above must also be identified in
the same way.
If at any point - either at reception or during his/her time in custody - a prisoner displays behaviour indicating
a potential risk to children, or information is received from another agency about the risk the prisoner presents,
the prisoner should also be identified as described. At this point the prisoner has been identified as a potential
PPRC. The rest of this chapter describes how that is then dealt with.
18
In this chapter and all other chapters in the Public Protection Manual a child is defined as anyone who has not yet
reached their 18th birthday. “Children” therefore means “children and young people” throughout.
79
2.2
Harm
In considering whether the circumstances of an offence indicate that the prisoner knowingly placed a child at
risk of serious harm (as in the final bullet in part 2.1 above), prison staff should also consider whether any
harm may have been caused to the child by seeing or hearing the ill-treatment of another.
This interpretation of “harm” is used in the Children Act 1989 (section 31) when a court determines whether it
should make a care order or supervision order in relation to a child. It is also therefore the approach to what
is meant by “harm” used by local authorities in considering whether to apply to a court for such an order in
relation to children in their area. In that context, the meaning of harm primarily, but not exclusively, covers
harm caused in the context of domestic violence and abuse. Domestic violence and abuse are one way in
which a child can be involved in an offence in the sense described above, although it is important to note that
they are not the only way, and prisons need to be alert to the potential for the involvement of a child and harm
to the child to be evidenced in other ways. This includes offences where harm is caused to a child who is not
the intended victim or target. If there is any doubt, it is better to identify the prisoner as a potential risk to
children and then consider the possible risk in more depth.
2.3
Initial measures
In line with PSI 04/2016 The Interception of Communications in Prisons and Security Measures, prisoners
identified as posing a risk to children (whether potential or continuing) must have all social numbers checked
before being added to their PIN phone account. They must have full restrictions placed on social visits
(including prison family days), phone calls and correspondence with all children until a risk assessment has
taken place to determine what, if any, contact the prisoner is allowed. Because of this, risk assessments
should be carried out as soon as possible to avoid any unnecessary interference in maintaining family ties.
Refer to Chapter 5c for full details on child contact procedures.
2.4
Initial notification
Following identification, a notification must be sent to Children’s Services in the PPRC’s home area. The
notification, found in Annex B, must be sent no later than two weeks from identification.
Annex B is used to inform the relevant Children’s Services of the identification of a potential PPRC and invites
them to share any relevant risk information that they may have on the individual. It is an initial notification
only. Once an assessment has been carried out by the prison to determine whether the prisoner presents a
continuing risk, a separate notification must be sent to confirm the prisoner’s status.
Annex C should be used to inform the NPS / CRC Offender Manager or YOT worker of the prisoner’s potential
PPRC status.
The prisoner must be kept well informed of his risk status and should be given an Annex D as soon as
possible. Refer to Chapter 5c part 2.1 for guidance on informing the prisoner.
3
ASSESSMENT
Following identification and timely notification to Children’s Services, prison staff must establish as soon as
possible whether the potential PPRC presents a continuing risk to children while in custody. This allows the
80
prison service and partner agencies to focus resources correctly on those prisoners where safeguarding
children arrangements are needed.
Any assessment must take into account the following information:

OASys risk of harm screening and serious harm analysis or Asset

age of prisoner and age of victim at the time of the offence

circumstances of the offence

motivations to the offending

history of offending

any risk information received from other agencies

reports from previous establishments, including security incident reports

views of the NPS / CRC offender manager or YOT worker

information on ViSOR
There are no absolute criteria to rely on when judging what constitutes a continuing risk. The above list is not
exhaustive; the aim is to consider such information as may be relevant in order to reach a conclusion. Careful
consideration should be given to consistency with updated OASys assessments and updated where
necessary. OASys is an important contributor to all prison risk assessments but should not be treated as the
defining factor when assessing continuing risk to children in custody. Details of how the decision was reached
must be fully recorded and available on the prisoner’s public protection file. There should be a comprehensive
level of information available on file about the sources and information considered as part of the decisionmaking process. All decisions should be confirmed by the Head of OMU or manager with public protection
responsibility.
3.1
No continuing risk
If, through assessment, it is established that the prisoner does not present a continuing risk while in custody,
all child safeguarding measures that were previously applied must be removed immediately. Monitoring of
communications and the checking of social numbers must cease unless the monitoring is in place for reasons
separate from managing risk to children. The prisoner must also be removed from child contact procedures
and notified of the risk assessment outcome.
Children’s Services, and where one is involved the NPS / CRC Offender Manager or YOT worker, must be
informed of the outcome of the assessment using Annex E. This will confirm that the prisoner will not be
identified or managed as a PPRC.
Where a child was the offender’s victim, it may still be necessary to prevent contact with him/her, even if it is
established that there is no continuing risk to him/her in custody. Chapter 5c covers child contact procedures.
Prison staff should also remain aware that, at any point during custody, the level of risk might increase or new
risk information could be received. If this happens, an immediate review should be carried out to establish
whether the prisoner still presents no continuing risk.
3.2
Continuing risk
Where an assessment concludes that the prisoner poses a continuing risk to children, the PPRC2 form in
Annex F must be sent to the Local Authority Children’s Services marked for referral or for information only:

if an identified child is at risk, send a PPRC2 marked for referral

if no identified child is at risk, send a PPRC2 marked for information only.
81
An “identified child” is one who has not yet reached their eighteenth birthday, but with whom contact from the
PPRC is intended or likely. In many cases prison staff will not be aware of such a child until the PPRC has
made an application for child contact. The “potential PPRC” alert on Prison-NOMIS must be changed to
“PPRC” to reflect the confirmed status.
The NPS / CRC Offender Manager or YOT worker must be notified of the confirmed PPRC status using Annex
G. The prisoner too must be notified. Where a prisoner seeks disclosure, refer to the principles set out in
Chapter 5c part 6.2.
3.3
PPRC review
All decisions on continuing risk must be reviewed annually. Where a prisoner is allowed child contact, a
PPRC review must be carried out when child contact is reviewed, in line with Chapter 5c part 7. Where a
PPRC does not have child contact, a regular assessment of the ongoing validity of PPRC status must still be
made.
The review must repeat the assessment process with updated information to ensure consistency and
defensible decision-making. Prisoners must be informed of any change in contact restrictions following a
review.
4
NOTIFICATIONS
Using Annex H, Children’s Services in the PPRC’s home area must be notified of the following stages while
the prisoner is in custody:

when convicted following remand status

when acquitted

when released from court on bail or following an appeal

prison transfer

release on temporary licence

release

death of prisoner
In response to the above notifications, Children’s Services may provide the prison with information about the
prisoner or children with whom the prisoner is likely to request contact. This information should be
incorporated into sentence planning and risk management processes.
It is important to inform Children’s Services of the release date at least six weeks before a PPRC is discharged
from custody. These notifications should be copied to the police, probation and Youth Offending Team unless
they are already aware of these key stages through existing mechanisms or management processes.
82
Chapter 5b
Annex A
List of offences for identifying a potential PPRC
Act and section
Offence
common law
Murder
common law
Manslaughter
common law
Infanticide
common law
Kidnapping
common law
False imprisonment
common law
Assault or battery
Vagrancy Act 1824
4
Indecent exposure
Town Police Clauses Act 1847
28 Indecent exposure
Offences Against the Person Act 1861
4
Offences Against the Person Act 1861
11 Administering poison, or wounding, with intent to murder
Offences Against the Person Act 1861
16 Threats to kill
Offences Against the Person Act 1861
18 Wounding and causing grievous bodily harm: wounding with
intent
Offences Against the Person Act 1861
20 Wounding and causing grievous bodily harm: inflicting bodily
injury
Offences Against the Person Act 1861
23 Maliciously administering poison
Offences Against the Person Act 1861
27 Abandonment of children under 2
Offences Against the Person Act 1861
47 Assault occasioning actual bodily harm
Offences Against the Person Act 1861
56 Child stealing
Licensing Act 1902
2
Drunk in charge of a child under 7 years
Children and Young Persons Act 1933
1
Cruelty to children
Children and Young Persons Act 1933
3
Allowing persons under 16 to be in brothels
Children and Young Persons Act 1933
4
Causing or allowing persons under 16 to be used for begging
Children and Young Persons Act 1933
5
Giving / causing to be given intoxicating liquor to a child under 5
years
Children and Young Persons Act 1933
11 Exposing children under 7 to risk of burning
Children and Young Persons Act 1933
23 Prohibition against persons under 16 taking part in
performances endangering life and limb
Infanticide Act 1938
1
Infanticide
Sexual Offences Act 1956
1
Rape
Sexual Offences Act 1956
2
Procurement of a woman by threats
Sexual Offences Act 1956
3
Procurement of a woman by false pretences
Sexual Offences Act 1956
4
Administering drugs to obtain or facilitate intercourse
Sexual Offences Act 1956
5
Intercourse with a girl under 13
Sexual Offences Act 1956
6
Intercourse with a girl under 16
Conspiring or soliciting to commit murder
83
Sexual Offences Act 1956
7
Intercourse with defective
Sexual Offences Act 1956
9
Procurement of defective
Sexual Offences Act 1956
10 Incest by a man
Sexual Offences Act 1956
11 Incest by a woman
Sexual Offences Act 1956
12 Buggery where the victim is under 16
Sexual Offences Act 1956
13 Indecency between men (gross indecency)
Sexual Offences Act 1956
14 Indecent assault on a woman
Sexual Offences Act 1956
15 Indecent assault on a man
Sexual Offences Act 1956
16 Assault with intent to commit buggery
Sexual Offences Act 1956
17 Abduction of a woman by force or for the sake of her property
Sexual Offences Act 1956
19 Abduction of unmarried girl under 18 from parent or guardian
Sexual Offences Act 1956
20 Abduction of unmarried girl under 16 from parent or guardian
Sexual Offences Act 1956
21 Abduction of defective from parent or guardian
Sexual Offences Act 1956
22 Causing prostitution of women
Sexual Offences Act 1956
23 Procuration of girl under 21
Sexual Offences Act 1956
24 Detention of a woman in a brothel or other premises
Sexual Offences Act 1956
25 Permitting a girl under 13 to use premises for intercourse
Sexual Offences Act 1956
26 Permitting a girl between 13 and 16 to use premises for
intercourse
Sexual Offences Act 1956
27 Permitting defective to use premises for intercourse
Sexual Offences Act 1956
28 Causing or encouraging prostitution of, or intercourse with, or
indecent assault on, girl under 16
Sexual Offences Act 1956
29 Causing or encouraging prostitution of defective
Sexual Offences Act 1956
30 Man living on earnings of prostitution
Sexual Offences Act 1956
31 Woman exercising control over prostitute
Mental Health Act 1959
128 Sexual intercourse with patients
Indecency with Children Act 1960
1
Indecent conduct towards young child
Suicide Act 1961
2
Aiding, abetting, counselling or procuring the suicide of a child
or young person
Sexual Offences Act 1967
4
Procuring others to commit homosexual acts (by procuring a
child to commit an act of buggery with any person, or procuring
any person to commit an act of buggery with a child)
Sexual Offences Act 1967
5
Living on earnings of male prostitution
Theft Act 1968
9
Burglary (by entering a building or part of a building with intent
to rape a child)
Misuse of Drugs Act 1971
4
Supplying or offering to supply a Class A drug to a child, being
concerned in the supplying of such a drug to a child, or being
concerned in the making to a child of an offer to supply such a
drug
Criminal Law Act 1977
54 Inciting girl under 16 to have incestuous sexual intercourse
Protection of Children Act 1978
1
Indecent photographs of children
Child Abduction Act 1984
1
Offence of abduction of a child by parent
Child Abduction Act 1984
2
Offence of abduction of child by other persons
84
Criminal Justice Act 1988
160 Possession of indecent photographs of children
Children Act 1989
49 Abduction of child in care / police protection … take away /
induce away / assist to run away / keep away
Children Act 1989
50 Obstruction of person authorised under a recovery order (re
missing or unlawfully held children)
Sexual Offences (Amendment) Act 2000
3
Nationality, Immigration and Asylum Act
2002
Abuse of trust
145 Traffic in prostitution
Sexual Offences Act 2003
1
Rape
Sexual Offences Act 2003
2
Assault by penetration
Sexual Offences Act 2003
3
Sexual assault
Sexual Offences Act 2003
4
Causing a person to engage in sexual activity without consent
Sexual Offences Act 2003
5
Rape of a child under 13
Sexual Offences Act 2003
6
Assault of a child under 13 by penetration
Sexual Offences Act 2003
7
Sexual assault of a child under 13
Sexual Offences Act 2003
8
Causing or inciting a child under 13 to engage in sexual activity
Sexual Offences Act 2003
9
Sexual activity with a child
Sexual Offences Act 2003
10 Causing or inciting a child to engage in sexual activity
Sexual Offences Act 2003
11 Engaging in sexual activity in the presence of a child
Sexual Offences Act 2003
12 Causing a child to watch a sexual act
Sexual Offences Act 2003
13 Child sex offences committed by children or young persons
Sexual Offences Act 2003
14 Arranging or facilitating commission of a child sex offence
Sexual Offences Act 2003
15 Meeting a child following sexual grooming etc.
Sexual Offences Act 2003
16 Abuse of position of trust: sexual activity with a child
Sexual Offences Act 2003
17 Abuse of position of trust: causing or inciting a child to engage
in sexual activity
Sexual Offences Act 2003
18 Abuse of position of trust: sexual activity in the presence of a
child
Sexual Offences Act 2003
19 Abuse of position of trust: causing a child to watch a sexual act
Sexual Offences Act 2003
25 Sexual activity with a child family member
Sexual Offences Act 2003
26 Inciting a child family member to engage in sexual activity
Sexual Offences Act 2003
30 Sexual activity with a person with a mental disorder impeding
choice
Sexual Offences Act 2003
31 Causing or inciting a person, with a mental disorder impeding
choice, to engage in sexual activity
Sexual Offences Act 2003
32 Engaging in sexual activity in the presence of a person with a
mental disorder impeding choice
Sexual Offences Act 2003
33 Causing a person, with a mental disorder impeding choice, to
watch a sexual act
Sexual Offences Act 2003
34 Inducement, threat or deception to procure sexual activity with a
person with a mental disorder
Sexual Offences Act 2003
35 Causing a person with a mental disorder to engage in or agree
to engage in sexual activity by inducement, threat or deception
85
Sexual Offences Act 2003
36 Engaging in sexual activity in the presence, procured by
inducement, threat or deception, of a person with a mental
disorder
Sexual Offences Act 2003
37 Causing a person with a mental disorder to watch a sexual act
by inducement, threat or deception
Sexual Offences Act 2003
38 Care workers: sexual activity with a person with a mental
disorder
Sexual Offences Act 2003
39 Care workers: causing or inciting sexual activity
Sexual Offences Act 2003
40 Care workers: sexual activity in the presence of a person with a
mental disorder
Sexual Offences Act 2003
41 Care workers: causing a person with a mental disorder to watch
a sexual act
Sexual Offences Act 2003
47 Paying for the sexual services of a child
Sexual Offences Act 2003
48 Causing or inciting child prostitution or pornography
Sexual Offences Act 2003
49 Controlling a child prostitute or a child involved in pornography
Sexual Offences Act 2003
50 Arranging or facilitating child prostitution or pornography
Sexual Offences Act 2003
52 Causing or inciting prostitution for gain
Sexual Offences Act 2003
53 Controlling prostitution for gain
Sexual Offences Act 2003
57 Trafficking into the UK for sexual exploitation
Sexual Offences Act 2003
58 Trafficking within the UK for sexual exploitation
Sexual Offences Act 2003
59 Trafficking out of the UK for sexual exploitation
Sexual Offences Act 2003
61 Administering a substance with intent
Sexual Offences Act 2003
62 Committing an offence with intent to commit a sexual offence (in
a case where the intended offence was an offence against a
child)
Sexual Offences Act 2003
63 Trespass with intent to commit a sexual offence (in a case
where the intended offence was an offence against a child)
Sexual Offences Act 2003
66 Exposure
Sexual Offences Act 2003
67 Voyeurism
Asylum and Immigration (Treatment of
Claimants, etc) 2004
4
Trafficking people for exploitation
Domestic Violence, Crime and Victims
Act 2004
5
Causing or allowing the death of a child or vulnerable adult
A reference to an offence in this list includes:
 any attempt, conspiracy or incitement to commit that offence;
 aiding, abetting, counselling, procuring, encouraging or assisting the commission of that offence; and
 a caution for that offence.
Unless stated otherwise, the victim of the offences listed above will be under 18.
This list is not exhaustive.
86
Chapter 5b
Annex B
Notification of potential PPRC - Children’s Services
Copy the whole of this form onto a blank document for use, replace the sections marked in red, and delete
this red text and the title before printing.
HM PRISON SERVICE
NOTIFICATION TO CHILDREN’S SERVICES
NAME:
ALIASES
PRISON NUMBER:
PRISON/YOI:
DOB:
DATE:
The above prisoner has been identified as a potential Person Posing a Risk to Children (PPRC). The prisoner
arrived into custody on [date] and has been charged with or convicted / previously convicted of: XXXXX.
Prison staff will carry out a risk assessment to establish whether the prisoner presents a continuing risk to
children. If there is a continued risk, we will inform you of his/her confirmed PPRC status, and if there is no
on-going risk established, we will advise you to amend your PPRC records.
If you hold any risk information relating to the prisoner that should be considered as part of the risk
assessment, please put it in writing for the attention of:
OMU Manager
HMP XXXXX
XXXXX
XXXXX
If we have not heard from you within fourteen days of receipt of this letter we will assume that at this stage
you do not hold any further information that should be taken into account as part of the risk assessment.
87
Chapter 5b
Annex C
Notification of potential PPRC - offender manager / YOT worker
Copy the whole of this form onto a blank document for use, replace the sections marked in red, and delete
this red text and the title before printing.
HM PRISON SERVICE
NOTIFICATION TO NPS / CRC OFFENDER MANAGER OR YOT WORKER
NAME:
ALIASES:
PRISON NUMBER:
PRISON/YOI:
DOB:
DATE:
The above prisoner has been identified as a potential Person Posing a Risk to Children (PPRC). The prisoner
arrived into custody on [date] and has been charged with or convicted / previously convicted of: XXXXX.
Prison staff will carry out a risk assessment to establish if the prisoner presents a continuing risk to children.
If there is a continued risk, we will inform you of his/her confirmed PPRC status, and if there is no on-going
risk established, we will advise you to amend your PPRC records.
If you hold any risk information relating to the prisoner that should be considered as part of the risk
assessment, please put it in writing for the attention of:
OMU Manager
HMP XXXXX
XXXXX
XXXXX
If we have not heard from you within fourteen days of receipt of this letter we will assume that at this stage
you do not hold any further information that should be taken into account as part of the risk assessment.
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Chapter 5b
Annex D
Prisoner notification
Copy the whole of this form onto a blank document for use, replace the sections marked in red, and delete
this red text and the title before printing.
HM PRISON SERVICE
POTENTIAL PERSON POSING A RISK TO CHILDREN (PPRC)
NAME:
PRISON NUMBER:
PRISON/YOI:
DATE:
This is a notice to inform you of your status as a potential “Person Posing a Risk to Children” (PPRC).
You have been identified as a potential PPRC because you have been charged with or convicted / previously
convicted of:

a sexual offence against a child;

murder or assault against a child;

an offence related to domestic violence or abuse where a child was involved; or

an offence where harm or neglect of a child was involved; or

an offence in which the circumstances of the offence indicate that you knowingly placed a child at risk
of serious harm including harm caused to a child by seeing or hearing the ill treatment of another.

an offence where a child was not the intended victim or target but the offence resulted in harm to a
child
Alternatively:

your behaviour and/or conduct in prison indicates that you may present a risk to children

we have received information from another agency which indicates that you may present a risk to
children (speak with a member of staff if you wish to request disclosure of this information)
An assessment will be carried out by the prison to establish whether you present a continuing risk to children.
While we consider your case you will be managed in the same way as a confirmed PPRC. This will mean a
full restriction on social visits (including prison family days), phone calls and correspondence with all persons
under the age of eighteen. All social numbers will also be checked before being added to your PIN phone
account.
You will be informed of the outcome of your assessment in due course. If you are considered to be no
continuing risk, the above safeguarding restrictions will be removed. But if your PPRC status is confirmed,
because there is a continuing risk, the restrictions will remain in place.
If you wish to make contact with a child before the assessment has been completed, you must request a child
contact application form from a member of prison staff.
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Chapter 5b
Annex E
No continuing risk - offender manager / YOT worker
Copy the whole of this form onto a blank document for use, replace the sections marked in red, and delete
this red text and the title before printing.
HM PRISON SERVICE
NOTIFICATION TO NPS / CRC OFFENDER MANAGER OR YOT WORKER
NAME:
ALIASES:
PRISON NUMBER:
PRISON/YOI:
DOB:
DATE:
We previously wrote to inform you of the above prisoner as a potential Person Posing a Risk to Children
(PPRC). We have now completed the assessment and have established that there is no continuing risk to
children presented by this prisoner. This means he/she will no longer be managed as a PPRC or a potential
PPRC and there will not be any restrictions on his/her contact with children. Please amend your records to
reflect this.
In future, if you receive any information relevant to the prisoner’s risk, please ensure it is shared with the Prison
Service. Although the prisoner has been assessed as no continuing risk, this is subject to change, and an
immediate review will be carried out if the level of risk increases or we receive new risk information.
If you have any questions or concerns about this prisoner or the removal of restrictions please put this in
writing to:
OMU Manager
HMP XXXXX
XXXXX
XXXXX
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Chapter 5b
Annex F
PPRC2
Copy the whole of this form onto a blank document for use, replace the sections marked in red, and delete
this red text and the title before printing.
HM PRISON SERVICE
PPRC2 FOR CHILDREN’S SERVICES
NAME:
ALIASES:
PRISON NUMBER:
PRISON/YOI:
DOB:
DATE:
We previously wrote to inform you of the above prisoner as a potential Person Posing a Risk to Children
(PPRC). We have now completed the assessment and have identified a continuing risk to children presented
by this prisoner. This means that he/she will be managed as a PPRC with full restrictions placed on social
visits, phone calls and correspondence with any person under the age of eighteen. The prisoner’s PPRC
status will be reviewed annually and you will be informed of any change to it.
Please treat the information in this document as a referral / information only:
1. Details of PPRC
Address at time of conviction
Proposed release address
Current conviction
Relevant previous conviction/s
Gender
Ethnicity
Nationality
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2. Details of all known adults and children residing with the PPRC
Name
DOB
Relationship to PPRC
3. Details of children with whom the PPRC is likely to request contact
Name
DOB
Relationship to PPRC
4. Summary of reasons the prisoner is identified as a PPRC
Ensure this is consistent with the outcome of the PPRC assessment process
5. Contact details
Name
Prison address
Telephone number
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Chapter 5b
Annex G
Continuing risk - offender manager / YOT worker
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this red text and the title before printing.
HM PRISON SERVICE
NOTIFICATION TO NPS/CRC OFFENDER MANAGER OR YOT WORKER
NAME:
ALIASES:
PRISON NUMBER:
PRISON/YOI:
DOB:
DATE:
We previously wrote to inform you of the above prisoner as a potential Person Posing a Risk to Children
(PPRC). We have now completed the assessment and have established a continuing risk to children
presented by this prisoner.
This means he/she will be managed as a PPRC and the phone call,
correspondence and visit restrictions on contact with children will remain in place.
In future, if you receive any information relevant to the prisoner’s risk, please ensure this is shared with the
Prison Service. Although the prisoner has been assessed as a continuing risk, this will be reviewed annually
to ensure that the applied restrictions are proportionate to the risk presented.
If you have any questions or concerns about the management of this prisoner please put this in writing to:
OMU Manager
HMP XXXXX
XXXXX
XXXXX
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Chapter 5b
Annex H
Change in prisoner circumstances - Children’s Services
Copy the whole of this form onto a blank document for use, replace the sections marked in red, and delete
this red text and the title before printing.
HM PRISON SERVICE
CHANGE IN PRISONER CIRCUMSTANCES NOTIFICATION
CHILDREN’S SERVICES
NAME:
ALIASES
PRISON NUMBER:
PRISON/YOI:
DOB:
DATE:
We previously wrote to you about the above prisoner presenting a risk to children. This letter is to notify you
of a change to the prisoner’s circumstances.
Convicted following remand
Acquitted
Released on court bail / appeal
Prison transfer
Released on temporary licence
Released
Died
In cases of temporary release, the period/s of release are between XXXXX and XXXXX.
In cases of prisoner transfer, the prisoner will be moved / has been moved to XXXXX.
In cases of release, the release date is set for XXXXX.
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Chapter 5c
CHILD CONTACT PROCEDURES
1
INTRODUCTION
This chapter sets out the requirements and assessment process for prison staff when making decisions about
child contact restrictions for prisoners who present a risk to children. For the purposes of this Manual, the
definition of a child is any person who has not yet reached his or her 18 th birthday.
Chapter 5a provides information about Governors’ legal responsibility to safeguard and promote the welfare
of children in custody or any child that comes into contact with the Prison Service. This chapter is one way in
which this legal duty is put into practice.
2
IDENTIFICATION
Prisoners identified as a Person Posing a Risk to Children (PPRC) or a potential PPRC must, from the
beginning of custody, be made subject to full restrictions on any contact with children. Refer to Chapter 5b
for further information on PPRC.
Prisoners assessed as presenting no continuing risk to children should not be managed under the procedures
set out in this chapter.
2.1
Informing the prisoner
Placing a restriction on contact between a prisoner and a child where there is a close relationship can be a
distressing experience and it is important that prisoners understand why they have been identified as a
potential risk to children. In most cases this will be because of the particular conviction or charge, but some
prisoners may require further explanation. The prison must arrange for an approved translator where
necessary and assistance must be provided for prisoners to understand the contents of the form where there
is an identified learning or language need.
2.2
Application for contact
Annex A (Application for Child Contact) must be given to the prisoner at the earliest opportunity following a
request for contact being made. Again, the prison must arrange for an approved translator where necessary,
and assistance must be provided for prisoners to understand the contents of the form where there is an
identified learning or language need.
In general, prisoners may apply for contact only with children in their immediate family. This includes a
prisoner’s biological children, step-children, foster children, adopted children and the children of the prisoner’s
partner, provided they were living together as partners in an enduring family relationship before imprisonment.
Applications can also be made for grandchildren, siblings, nieces and nephews.
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Contact with a child outside these relationships should be allowed only in exceptional cases. Should a prisoner
want such contact, they must submit an Annex A, together with an explanation of why his application should
exceptionally be considered. A senior manager of the prison must decide whether to accept or reject the
application based on the merits of the prisoner’s case, remembering that the best interests of the child will be
paramount. Only if the senior manager finds the case compelling should the application itself be considered,
and it should be borne in mind that the application can still be turned down.
A request for contact can be also submitted by a child’s primary carer 19, or by the child directly. If such a
request is received, the prisoner must be informed and asked if he or she wishes to make an application for
child contact. That application must then be considered as set out above. If the prisoner does not wish to
make an application, the requester must be informed.
2.3
Primary carer’s support for contact
On receipt of an application for child contact, the prison must contact the child’s primary carer, using Annex
B, to establish whether they support contact and at what level. The primary carer must be given a summary
of the prisoner’s risk to inform their views, which must be set out on the primary carer child contact response
form. If the prisoner has not yet been assessed as a “continuing risk” (see Chapter 5b part 3.2) the primary
carer must be made aware of this in the summary. Prison staff must not under any circumstance disclose
the name and details of the victim. The application cannot proceed unless the primary carer supports
contact between the prisoner and the child. Because of this, reasonable efforts should be made if the first
attempt at contact is unsuccessful. If the primary carer does not support contact, Children’s Services must
be informed of the decision and the application for child contact rejected. The prisoner must be informed of
the outcome of their application and advised to seek legal advice if they wish to pursue the matter further, for
example through the family courts.
Where the primary carer supports contact, to progress the application they must provide four passport-style
photographs of the child for identification purposes. The cost of the photographs can be reimbursed by the
establishment up to the value of £4.00. Two copies are sent to other agencies as part of the risk assessment
process (see below); the third is kept on the prisoner’s file; and the fourth should be available for staff
managing visits.
The primary carer’s support is an essential pre-condition for contact in all cases. In particular, while PSI
49/2011 Prisoner Communication Services says that contact between an offender and a victim can be allowed
where the victim has initiated contact post-admission, the primary carer’s support is still needed where the
victim is a child. PSI 49/2011 does not remove that condition.
3
MULTI-AGENCY RISK ASSESSMENT
A number of agencies will have information relating to the risk to which the child might be exposed or the risk
that the prisoner presents. The following agencies must be contacted to gather information before an
assessment of risk can be made and a level of contact agreed that would be in the best interests of the child.
19
“Primary carer” includes parent, guardian and, for looked-after children, a local authority.
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3.1
Police
The establishment Police Liaison Officer / Intelligence Officer (PIO) must be provided with prisoner information
and details about the child on the application with the supporting photograph. The PIO will make enquires
with the Police Child Protection Team in the area where the child lives, who will provide a report to the prison
based on the risk to the child and any further information they may have about the prisoner.
3.2
Children’s Services
Annex C must be sent to the local authority Children’s Services for the area in which the child lives, asking
them to carry out an assessment of the best interests of the child and provide a written report, in line with the
assessment framework set out in the statutory guidance Working Together to Safeguard Children20. The
photograph of the child should be attached to the referral form at Annex C for the social worker to verify the
identity of the child and return to the prison. Prison staff should complete the referral with information about
the prisoner’s risk and the specifics of the prison environment that will assist the social worker to complete
their best interests assessment. The primary carer response form and PPRC2 should be sent with the referral.
As part of the assessment process, Children’s Services should undertake a home visit, during which the views
of the child and the primary carer should be ascertained. If a child is able to make an informed choice, their
views must be considered. The written report should:

outline the child’s circumstances and views;

confirm that the photograph supplied by the primary carer is of the child;

contain recommendations on what level of contact, if any, Children’s Services consider to be
appropriate for the child to have with the prisoner; and

identify an appropriate adult(s) who will accompany the child when visiting the prisoner.
Within one working day of receiving a referral, Children’s Services should make a decision about the type of
response that is required and advise the referrer on the next course of action.
The Governor (or senior manager with suitable delegated authority) is ultimately responsible for making an
assessment of what, if any, level of contact should be permitted. If the report received from Children’s Services
does not address the above bullet points, the Governor should refer the matter back to Children’s Services
with an express request for this information, unless it is available from other material before him/her.
3.3
Offender manager / YOT worker
The prison-based offender supervisor must inform the NPS / CRC offender manager in the community about
the child contact application. A request must be made to the offender manager for any new risk information,
comments or concerns about the prisoner’s application. If the prisoner is under eighteen the same contact
must be made with the YOT worker responsible for the prisoner.
20
Working Together to Safeguard Children: a guide to inter-agency working to safeguard and promote the welfare of
children, March 2015, HM Government
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3.4
NSPCC
Where available the NSPCC may be contacted for additional information. Prisons that have developed a
relationship with the NSPCC have also negotiated an arrangement where it has agreed to search its database
for information relating to a child’s risk. There is no obligation to do this check, but where this arrangement is
in place it will enhance the assessment.
4
LEVEL OF CONTACT
4.1
Senior manager decision
Once the multi-agency assessment process is completed, the Governor or a senior manager with suitable
delegated authority should make a decision about the appropriate level of contact suitable between the
prisoner and the child. This process should not be completed in isolation and should be supported by
members of the prison’s safeguarding risk panel or equivalent. This ratification process will vary according to
the prison structure and the level of risk presented by the prisoner. In some cases consultation may be carried
out by e-mail, while in more complex and potentially high-risk cases a risk meeting will be needed.
The risk presented should be managed proportionately, taking into account the existing safeguards available
in custody. In all cases decisions must be based on what is in the best interests of the child and must be
properly reasoned and fully recorded on file.
In addition to the information provided by partner agencies (which should include an assessment of the child’s
needs, wishes and feelings and the capacity of the primary carer to protect the child from potential harm), the
assessment should also take into account:

OASys assessment

static risk assessment tool for sexual re-offending (Risk Matrix 2000)

pre-sentence report

previous convictions

behaviour in custody

progress with offending behaviour programmes
The over-riding principle is that the child’s welfare is paramount and any contact must be in the best interests
of that child. This may not always correspond with the wishes of the child or of the primary carer. Where
there is a conflict between the needs of the child and the carer, decisions should be made in the child’s best
interests.
4.2
Contact level
There are four possible contact levels for a prisoner who is assessed as posing a risk of harm to children. The
choice of level must be made with the over-riding principle that the child’s welfare is paramount and any
contact permitted should be in the best interests of that child.
The term “Level One” should not be used in reference to a prisoner who has not applied for child contact or
where a decision on an application has not yet been taken. They should instead be referred to as “under full
98
restrictions”. “Level One” should be used only where an application has been made and a positive decision
taken that full restrictions apply.
Each assessment is specific to a particular child and cannot be used to determine contact levels with other
children. This means that prisoners must apply separately in respect of each child with whom they want to
have contact, including siblings living in the same household, and a separate risk assessment must be
completed for each child. This can result in a prisoner being allowed different contact levels in respect of
different children (including no contact at all). Level information should be recorded on P-Nomis using the
appropriate alert.
Restriction levels for child
contact
5
Level One
Full restrictions apply. No contact allowed.
Level Two
Written correspondence allowed. No telephone calls or visits.
Level Three
Written correspondence and telephone calls allowed. No visits.
Level Four
No restrictions necessary. Contact allowed via correspondence,
telephone calls and visits.
CHILDREN LIVING ABROAD
A multi-agency risk assessment can be more difficult to complete for contact with children who are living
abroad. It is important to remember that the Governor’s safeguarding duty is not exclusive to children living
in the UK. The duty applies equally to all children who may come into contact with the Prison Service. The
principles and procedures set out will still apply and the prison will be expected to follow the policy as far as
is practicable. Reasonable attempts should be made to obtain the required information and decisions should
be based on the information available.
If the child previously lived at an address in the United Kingdom, checks should still be made with Children’s
Services in that area for any previous involvement they may have had with the child in question. Similarly,
police checks should also be completed, as the police may hold relevant information.
If the agencies do not provide enough information on which to base a defensible contact decision, the prison
should consider contacting the embassy of the child’s country of residence to seek information. This request
should only be made in writing by the Governor of the prison. Alternatively, contact can be made with Children
& Families Across Borders (CFAB). This is the UK branch of the International Social Service (ISS) network
and can provide inter-country casework services and advice http://cfab.org.uk/
6
INFORMING THE PRIMARY CARER / PRISONER / AGENCIES
INVOLVED
Once a decision has been made on the permitted level of child contact, the prisoner should be informed of the
outcome using Annex D. The prisoner should be provided with a summary of reasons for reaching the decision
that is both case specific and concise. Guidance on withholding information can be found in part 6.2.
99
Any decision to restrict contact may lead to the prisoner appealing against the decision or requesting
disclosure of the information on which the decision was based.
The primary carer should be informed of the outcome using Annex E and any agencies that have contributed
to the assessment should be informed of the outcome using Annex F.
6.1
Appeals process
Prisoners who wish to appeal against a decision made by the prison can do so using the complaint procedure
set out in PSI 02/2012 Prisoner Complaints.
The senior manager responsible for the decision that is being appealed against should not be involved in the
appeals procedure. A delegated senior manager must examine all the information on which the original
decision was based. If the contact level is revised as a consequence, the reasons for the change must be
fully recorded on file, and relevant agencies and the prisoner informed of the change.
6.2
Disclosure
The process of assessing child contact applications should be as open and transparent as possible. Although
the outcome of the child application provides the prisoner with a summary, prisoners may seek further
disclosure of the information considered by the senior manager in reaching a decision to restrict contact.
In principle, all information taken into account, and the reasons for the decision, should be disclosed to the
prisoner, although the prison can determine the form in which it should be shared. There are three options:

full disclosure - providing the information as it stands;

redacted version of the information - this is suitable where sensitive details are omitted while still
providing the prisoner with the information that he/she needs to know;

a gist or summary of information - this applies where a redacted version does not meet the need for
withholding the information.
The starting point should always be full disclosure, but this may not always be possible - see above. If this is
the case consideration should be given to producing a redacted version for disclosure. If even that cannot be
disclosed, the last resort of a gist or summary must be produced. It is important to bear in mind that the
information given to the prisoner, irrespective of form, must be enough to allow the prisoner to understand the
reasons and basis of the decision made.
If any part of the information considered for disclosure has been provided by another agency, the prison must,
in writing, inform them of the possibility of disclosure. The prison is not seeking permission to share the
information; instead, it is asking the agency whether there are any barriers to or concerns about disclosing
(any part of) the information to the prisoner. Reasonable attempts should be made to contact the agency and
it should be provided with a deadline for a response.
Any decision to give less than full disclosure to the prisoner must be both necessary and proportionate to the
need. Reasons for withholding information must be made in line with the follow criteria:

in the interests of national security; or

for the prevention of disorder or crime; or
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7

for the protection of information the disclosure of which may endanger the safety or the physical or
mental health of any individual; or

if, on medical or psychiatric grounds, it is felt necessary to withhold information where the mental
and/or physical health of the offender could be impaired; or

where the source of the information is a victim or any person to whom a duty of confidence is owed,
or anyone else who has provided information on a confidential basis, and disclosure without their
consent would breach that duty, or would generally prejudice the future supply of such information.
REVIEW
All contact decisions should be reviewed at least annually, or earlier if there is reason to believe that
circumstances have changed or where there has been an increase / decrease in risk. A prison transfer will
not automatically trigger a review; the reason for the prisoner’s transfer should be taken into account when
deciding whether a review is deemed necessary.
Reviews must be based on updated information from all agencies involved in the original multi-agency risk
assessment, and decision-making must be supported by the prison safeguarding risk panel or equivalent.
Prisoners must be informed of any change in contact restrictions following a review.
If there is reason to believe that the prisoner no longer presents a continuing risk to children, prison staff
should use the assessment process set out in Chapter 5b part 3 to ensure consistency and defensible
decisions.
The annual review process must include obtaining an updated set of child photographs. Updates should also
be obtained where there has been a significant change in the child’s appearance. But there is no need to
update photographs where a review has been triggered only by a change in risk.
8
MONITORING
In line with the offence-related interception policy (PSI 04/2016 The Interception of Communications in Prisons
and Security Measures), an initial period of monitoring of all correspondence and telephone calls of prisoners
presenting a risk to children must be completed. Monitoring may then continue, subject to the interception
risk assessment process being carried out and regularly reviewed.
Staff monitoring calls and correspondence should be particularly alert to any attempts to groom or manipulate
a child or carer. They should also be aware of references made about children in general correspondence; a
keywords list associated with potential sexual abuse is produced monthly by the Internet Watch Foundation
and disseminated by NOMS Offender Management & Public Protection Group. Staff should be aware of any
references that suggest a child may be at risk of abuse other than of a sexual nature, including female genital
mutilation and abuse linked to faith and belief.
Any suspicions or evidence of inappropriate contact or potential or actual abuse should be reported using the
security incident reporting process, with a copy to the public protection manager in the establishment (or
equivalent).
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9
VISITS
9.1
Identification
The passport-style photograph provided at primary carer support stage should be used by visits staff to check
the identity of the child attending the visit. Staff should be alert to possibility that an “approved” child could be
substituted with another, possibly more vulnerable child. The photograph will have been verified by Children’s
Services or the Police Children Protection team as part of the multi-agency assessment.
9.2
Managing the visit
All staff managing visits should be made aware of prisoners who present a risk to children. It is important that
relevant staff are aware of prisoners who are not allowed visits, either from particular children under level four
contact, or from any at all.
Good observation and sensitive seating arrangements should be considered when managing visits that
include prisoners who are not permitted contact with any children. This could mean considering the proximity
of the crèche area or refreshment counter to the prisoner seating arrangement. Where prisoners have been
granted child contact, staff should observe:

the child’s appearance, including the appropriateness of their dress;

the interaction between the child and the prisoner, including the child’s body language; and

any change in behaviour of the child and/or interaction with the prisoner should the accompanying
adult absent themselves from the visiting table.
Any signs of neglect, abuse or distress must be reported using the security incident reporting process. The
manager with public protection policy or equivalent should be provided with a copy of the report. An immediate
referral should be made to Children’s Services if there is concern for the safety or welfare of a child.
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Chapter 5c
Annex A
Application for child contact
HM PRISON SERVICE
APPLICATION FOR CHILD CONTACT
NAME:
PRISON NUMBER:
PRISON / YOI:
DOB:
DATE:
You have asked for contact with a child. Please read the attached “Frequently Asked Questions” before
completing this form.
If you have any questions about the child contact application process or are having trouble completing this
form, please speak with a member of prison staff who will be able to help.
It is important that you make a separate application for each child you wish to apply for contact with,
even if they are siblings or living in the same home.
CHILD
Name of child
DOB
Your relationship to child
Type of contact requested
Circle as appropriate
Correspondence / Phone Calls / Visits
PRIMARY CARER
Name of primary carer for the
child
Primary carer’s relationship to
child
Address
Telephone number
103
Frequently asked questions
1) Why do I have to apply for contact with children?
You were informed that you have been identified as a risk to children when issued with a Potential PPRC
Prisoner Notification. If you do not understand why you have been identified as a risk, please speak with a
member of prison staff, who will be able to explain.
2) What do you mean by contact with a child?
A child is a person who has not yet reached their eighteenth birthday.
There are three types of contact: letters, telephone calls and visits. At the moment you are under full
restrictions, so you cannot have any type of contact with any child.
3) If I make an application does this mean the restrictions will be lifted?
No, not automatically.
On receiving your application the prison will assess and identify a level of contact that is proportionate to the
risk you present and in the best interests of the child. The over-riding principle in this process is that the
child’s welfare is paramount.
4) Can I make an application for contact with any child?
In general, you may apply for contact only with children in your immediate family. This means biological
children, step-children, foster children, adopted children, and the children of your partner if you were living
together as partners in an enduring family relationship before you were imprisoned. You can also make an
application for grandchildren, siblings, nieces and nephews.
If you want to make an application for a child outside this group, it needs to be submitted along with a
compelling case for why contact with that child should be considered. A senior manager from the prison will
decide to accept or reject the application based on the merits of the case you put forward. If your application
is accepted, whether to allow contact will then be considered as described at question 3.
5) What will the prison do with my application?
The process for assessing the application is in two stages.
We will write to the child’s primary carer to establish whether they support your application. We will give
them information about the risk that you present. If they support contact, they will also be able to state their
preferred level of contact. If the primary carer does not support contact, we will not continue with the
application. We will tell you if this happens and you will remain on full restrictions for the child in question.
If the primary carer supports contact, your application will progress to the multi-agency risk assessment
stage before a contact level is assigned. The final decision may be not to allow contact, even if the primary
carer supports it.
6) What does the multi-agency risk assessment involve?
We will ask for information from the Police, National Probation Service (NPS) / Community Rehabilitation
Company (CRC) / Youth Offending Team (YOT), local authority Children’s Services and, where available,
from the NSPCC.
The Police and your Offender Manager or YOT Worker will be asked to provide information about known
risks to the child and relevant risk information about you.
104
Children’s Services will be asked to visit the child’s home and recommend what level of contact the child
should have with you while you are in prison. Their recommendation will be based on the best interests of
the child. They will also be asked to identify an appropriate adult to accompany the child where you have
asked for visits.
Where available, an agency check will be carried out with the NSPCC.
Once we have contributions from these bodies, a senior manager from the prison will make a final decision
about the level of contact that is proportionate to the risk you present and in the best interests of the child.
Existing risk information held by the prison will also inform the decision-making process.
7)
What are the contact levels?
Following the application and assessment process, contact with the child in question will be at one of the
levels in the table below. All contact decisions will be reviewed annually or earlier if there is reason to
believe that circumstances have changed or where there has been an increase or decrease in risk.
Restriction levels for child
contact
Level One
Full restrictions apply. No contact allowed.
Level Two
Written correspondence allowed. No telephone calls or visits.
Level Three
Written correspondence and telephone calls allowed. No visits.
Level Four
No restrictions necessary. Contact allowed via correspondence,
telephone calls and visits.
8) What if I disagree with a decision?
You can appeal against a decision using the internal prisoner complaints process. Please speak to a
member of staff for more information.
9) Will you review contact levels?
All contact decisions will be reviewed annually or earlier if there is reason to believe that circumstances have
changed or where there has been an increase or decrease in risk. Reviews will be based on updated
information from all agencies involved in the original multi-agency risk assessment. A separate PPRC
review will also be carried out annually to establish whether you present a continuing risk to children.
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Chapter 5c
Annex B
Letter to primary carer
HM PRISON SERVICE
LETTER TO PRIMARY CARER
CHILDREN CONTACT RESTRICTIONS
PRISONER NAME
PRISON / YOI
PRISON ADDRESS
DATE
We are writing to inform you that the above prisoner has applied for contact with [Insert Child Name] and
has provided your details as primary carer for the child.
The prisoner has been identified as presenting a [potential] risk to children, but before we can consider the
application we need to know if you support contact between the child and the prisoner and, if you do, what
kind of contact. In the response form you will find a risk summary to help you make your decision. If you
do support contact, please specify the type of contact you are happy for the child to receive. If you do not
support contact of any kind, the application will not go any further.
However, if you do support contact that will not automatically mean that it will be allowed. A decision about
contact will only be made once we have received information from the Police, local authority Children’s
Services, and the prisoner’s offender manager, about the risk the prisoner presents and the child’s best
interests. If the prisoner is under eighteen we will also contact the responsible YOT worker. In all cases, the
child’s welfare will be our primary concern.
What should I do if I don’t support contact?
Return the attached form, indicating that you do not support contact. The prisoner will be told that he/she
will not be allowed to have any contact with the child.
What should I do if I support contact?
Return the attached form, indicating your support and the level of contact that you believe to be in the best
interests of the child. Where the child is able to express views about contact with the prisoner, please give
details on the form.
In order to process the application we need four passport-style photographs of the child to be returned with
the form. We need them for identification purposes and they will need to be updated annually (or earlier
where there is a significant change in the child’s appearance). You can claim up to £4.00 from the prison to
106
cover the cost - please say on the form if you want to do this. The prison will tell you about the permitted
level of contact once a decision has been made.
If you have any further comments or concerns, please use the “primary carer’s comments” section in the
response form. The information you provide will be shared with Children’s Services and in some cases the
prisoner could be informed of your decision to not support the application for contact. If you have any
concerns about sharing this information please use the comments section to inform us of this.
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Primary Carer - Child Contact Response
Copy this form onto a blank document for use, and replace sections marked in red before printing.
To
From
[insert contact name at prison]
[insert full name of primary carer]
HMP [insert name of prison and address]
Following receipt of a child contact application from [insert name of prisoner], the prison has contacted
me as the primary carer for [insert full name of child].
Prisoner risk summary
- provide a brief summary of why the prisoner has been identified as presenting a risk to children. The
summary should enable the primary carer to make an informed decision about contact. The information
shared should be specific and only relevant to the risk presented to children
- names and details of victims should not be shared
1. Contact permission (please tick one)
I support contact between named prisoner and child
I do not support contact between named prisoner and child
2. Preferred contact level (fill this in if you support contact)
Correspondence only (letters / postcards)
Correspondence and telephone calls only
Correspondence, telephone calls and visits
3. Child’s views
4. Primary carer’s comments
108
In order to avoid any unnecessary delays to the assessment process, please provide the following details:
Full name of child
DOB
Gender
M/F
Address
Relationship to prisoner
If you support child contact, please remember to include four passport-style photographs of the
child. Applications for contact cannot be considered without them.
Do you want to claim for the cost of the photographs?
Full name (print)
Signature
Date
109
Yes / No
Chapter 5c
Annex C
Local Authority Children’s Services referral - covering letter
HM PRISON SERVICE
LOCAL AUTHORITY CHILDREN’S SERVICES REQUEST FOR ASSESSMENT
NAME:
ALIASES:
PRISON NUMBER:
PRISON / YOI:
DOB:
DATE:
The above prisoner has been identified as a [potential] person posing a risk to children (PPRC). For the
prisoner this means full restrictions on correspondence, telephone calls and prison visits with all children.
Contact with a child can be considered only when we have an application for contact from the prisoner and
the primary carer’s written support.
To effectively assess the risk presented and establish a contact level that is in the best interests of the child,
we ask that you carry out an assessment of the best interests of the child and provide a written report, in line
with the assessment framework set out in the statutory guidance Working Together to Safeguard Children.
As part of the assessment process, you should undertake a home visit, during which the views of the child
and primary carer should be ascertained. If the child is able to make an informed choice, their views should
also be considered. A photograph of the child has been attached to this letter - please verify that the
supplied photograph is of the named child and return it with your written report.
The report should:

outline the child’s circumstances and views;

confirm that the photograph attached to this letter is of the child;

contain a recommendation of what level of contact, if any, you consider to be in the best interests of
the child; and

identify an appropriate adult(s) who could accompany the child when visiting the prisoner
The information you provide will inform the multi-agency risk assessment and the eventual contact outcome.
The Prison Governor or senior manager with delegated authority will make the final decision on contact once
we have received information from all the agencies consulted - Police, National Probation Service /
Community Rehabilitation Company or Youth Offending Team, and Local Authority Children’s Services.
Any information you provide may be disclosed to the prisoner at a later stage if disclosure is requested. In
the interests of maintaining an open and transparent process, we will always try to make a full disclosure
but, because of the nature of risk information, this may not always be possible. If there is information in your
response that you consider should not be subject to full disclosure, please highlight this in your report giving
the reasons.
110
To help you in you completing your assessment, the following are enclosed with this letter:

referral

receipt of referral

the PPRC2 form previously sent to the prisoner’s home area (which may not be the same home
area as the child)

the primary carer’s letter of support

photograph of the child for you to verify and return
As per Working Together guidance please acknowledge this referral and advise us of the next course of
action using the “receipt of referral letter” enclosed.
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Referral
Attach child photograph
The following prisoner has been identified as a [potential] person posing a risk to children (PPRC). Please
use the information within this referral and information in the enclosed PPRC2 to complete the written report.
PRISONER NAME:
ALIASES:
DOB:
1. Child
Name
Gender
M/F
DOB
Address
Relationship to prisoner
2. Primary Carer
Name
Address
Relationship to child
Relationship to prisoner
3. Prisoner Risk Summary
include where relevant
- circumstances of the offence
-
history of offending
circumstances which increase the likelihood of re-offending
-
target victim information
112
-
risk of harm assessment
-
relevant risk information
behaviour work / programmes undertaken
-
SOPOs / SHPOs and other relevant Orders
4. Prison Environment & Safeguards
Describe the visits hall environment - include any play and seating arrangements
Include current monitoring arrangements on PIN phone and correspondence of the prisoner
In response to this referral please provide a written report. The report should:

outline the child’s circumstances and views;

confirm that the photograph attached to this referral is of the child;

contain a recommendation of what level of contact, if any, you consider to be in the best interests of
the child; and

identify an appropriate adult(s) who could accompany the child when visiting the prisoner.
Please recommend contact in line with one of the following levels:
Restriction levels for child
contact
Level One
Full restrictions apply. No contact allowed.
Level Two
Written correspondence allowed. No telephone calls or visits.
Level Three
Written correspondence and telephone calls allowed. No visits.
Level Four
No restrictions necessary. Contact allowed via correspondence,
telephone calls and visits.
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Receipt of Referral
HM PRISON SERVICE
LOCAL AUTHORITY CHILDREN’S SERVICES ACKNOWLEDGMENT
To
From
Head of OMU
Prison address
Contact number
Fax number
PRISONER NAME:
ALIASES:
PRISON NUMBER:
PRISON / YOI:
DOB:
We have received a referral concerning the above named prisoner and [insert name of child]. We have
decided to take the following course of action:
We aim to provide this by
Date
The contact point at Children’s Services for this referral is:
Name
Department
Address
Telephone number & e-mail
address
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Chapter 5c
Annex D
Child contact application - outcome
HM PRISON SERVICE
CHILD CONTACT APPLICATION OUTCOME
NOTICE TO PRISONER
NAME:
PRISON NUMBER:
PRISON / YOI:
DOB:
DATE:
CHILD NAME
APPLICATION DATE
Your application for contact with the above child has been considered and a decision has been made about
the level of contact you will be allowed to have with him/her. The decision has been made with the overriding principle that any contact must be in the best interests of the child. To reach this decision a multiagency risk assessment was carried out and the outcome was informed by contributions from the following
agencies:
Police
Local Authority Children’s Services
National Probation Service (NPS)
Community Rehabilitation Company (CRC)
Youth Offending Team
NSPCC
The restriction level which will apply to contact between you and the named child has been marked with a
cross in the table below:
X
Restriction levels for child contact
Level One
Full restrictions apply. No contact allowed.
Level Two
Written correspondence allowed. No telephone calls or visits.
Level Three
Written correspondence and telephone calls allowed. No visits.
Level Four
No restrictions necessary. Contact allowed via correspondence, telephone calls
and visits.
This level applies only to the child named in this notice. Contact with all other children, unless otherwise
advised, will remain subject to full restrictions. Changing levels of contact with them will be considered only
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if you make a separate application for contact. Below you will find a summary of reasons for reaching this
decision:
Insert summary of reasons
The restriction level in this notice will be reviewed at least annually, or earlier if there is reason to believe
that circumstances have changed or where there has been an increase or decrease in risk. You will be told
of any change to your restriction level.
If you are unhappy with our decision and believe you have reason to appeal this decision, please speak with
a member of prison staff who will be able to advise you further.
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Chapter 5c
Annex E
Child contact application - outcome
HM PRISON SERVICE
CHILD CONTACT APPLICATION OUTCOME
NOTICE TO PRIMARY CARER
NAME:
PRISON / YOI:
DOB:
DATE:
CHILD NAME
APPLICATION DATE
You previously supported an application for contact between the above prisoner and [insert name of child].
This has been considered and a decision has been made about the level of contact the prisoner will be
allowed to have with the named child. The decision has been made with the over-riding principle that any
contact must be in the best interests of the child. To reach this decision a multi-agency risk assessment was
carried out and the outcome was informed by contributions from the following agencies:
Police
Local Authority Children’s Services
National Probation Service (NPS)
Community Rehabilitation Company (CRC)
Youth Offending Team
NSPCC
The restriction level which will apply to contact between the prisoner and the named child has been marked
with a cross in the table below:
X
Restriction levels for child contact
Level One
Full restrictions apply. No contact allowed.
Level Two
Written correspondence allowed. No telephone calls or visits.
Level Three
Written correspondence and telephone calls allowed. No visits.
Level Four
No restrictions necessary. Contact allowed via correspondence, telephone calls
and visits.
It is important to note that the restriction level will be reviewed at least annually, or earlier if there is reason
to believe that circumstances have changed or where there has been an increase or decrease in risk.
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Chapter 5c
Annex F
Child contact decision
HM PRISON SERVICE
NOTIFICATION TO POLICE, LOCAL AUTHORITY CHILDREN’S SERVICES, NPS / CRC OFFENDER
MANAGER OR YOT WORKER
NAME:
ALIASES:
PRISON NUMBER:
PRISON / YOI:
DOB:
DATE:
CHILD’S NAME:
DOB:
You previously contributed to a multi-agency risk assessment to assist the Prison Service identify a level of
contact suitable between the above prisoner and [insert name of child]. We are writing to advise you of the
outcome of this assessment.
The prisoner’s contact with the child is now subject to the restriction level marked with a cross:
X
Restriction levels for child contact
Level One
Full restrictions apply. No contact allowed.
Level Two
Written correspondence allowed. No telephone calls or visits.
Level Three
Written correspondence and telephone calls allowed. No visits.
Level Four
No restrictions necessary. Contact allowed via correspondence, telephone calls
and visits.
It is important to note that the restriction level will be reviewed at least annually, or earlier if there is reason
to believe that circumstances have changed or where there has been an increase or decrease in risk. You
will be contacted again, as part of the review process, to provide any updates to the risk information that you
previously supplied.
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Chapter 5d
PERSONAL PHOTOGRAPHS OF CHILDREN
Prisoners who present a risk to children may, like any other offender, want to have photographs or other
pictures of family members and friends in their possession. A number of factors must be considered before
this can happen.
The Prison Service has a duty to protect children from being conditioned and groomed by prisoners as possible
targets of physical or sexual abuse. This chapter is intended to help establishments in preventing prisoners
from doing this. The process set out here is designed to ensure that prisoners are not allowed to have
photographs of children in possession if doing so would place a specific child or children at risk, or if it would
undermine offending behaviour work they are undertaking and potentially increase a prisoner’s risk to children
generally.
The policy is focused chiefly on prisoners who have been identified as PPRCs and present a risk of a sexual
nature, and have been remanded in connection with or are serving custodial sentences for sexual offences
against a child, or have a previous conviction for such an offence. This does not include:

sex offenders whose victims are adults, unless a sexual risk to children has been separately identified;
or

prisoners who have offended against children, but whose risk to them is not sexual in nature.
This means that the policy should not normally be engaged where no sexual risk to children has been
identified. However, it can affect any prisoner where there is a risk that photographs will be shared with others
who should not have them - see section 4 below.
1
PROCESS
It is unlikely that a prisoner will volunteer a photograph and ask for permission to possess it. Photographs will
come into prisoners’ hands by a number of routes; in all cases the presumption is that they can be allowed
only after the necessary checks have been carried out.

Prisoners bringing photographs: where a prisoner brings in a photograph on reception, it must be
placed on their record (F2050) and held there until the following have been carried out:


if the prisoner is arriving from another prison, a check of their History Sheet (F2052A) to establish
whether they are authorised to have the photograph; and

if they are not authorised, or are new to the prison system, a risk assessment.
Prisoners receiving photographs: photographs may be posted to prisoners or given to them on
visits. Where this is known to have happened, the photographs must be placed on the prisoner’s
record pending risk assessment, and the details of how they were obtained recorded.

Photographs found in possession: photographs discovered in a prisoner’s possession or in his cell
may have been obtained from another prisoner, or they may have been sent to the prisoner and not
intercepted. If not previously authorised, they must be temporarily confiscated and placed on the
prisoner’s record pending a risk assessment. Details of how the photographs were found should be
recorded on file.
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1.1
The risk factors
The factors to be considered when assessing risk are:

the child’s identity - what relationship is the child to the offender, and is he or she the offender’s
victim?

risk to the child in question - does the offender present a risk to the child, and if so, what is the
nature of that risk? Does the child match the offender’s victim profile?

parental role - are the primary carer(s) of the child able to protect them from harm?

risk to other children or to children in general - could the photograph be used to undermine
rehabilitation or reinforce offending behaviour, or in criminogenic fantasy?

sharing - is there a likelihood of the photograph and/or the child’s address being passed to another
prisoner, or obtained by one, particularly where this could be used to reinforce offending behaviour?
1.2
The child’s identity
This policy applies to photographs of identifiable children (who may or may not be related to the offender).
For policy on generic photographs of children, such as in catalogues, see Chapter 10.
PPRCs and potential PPRCs presenting a sexual risk to children must not have any photograph of a child in
their possession unless an assessment has been carried to ensure that there is no risk to that specific child.
The nature of the potential risk will depend partly on the relationship (if any) between the offender and the
child in the photograph.
Before any consideration can be given to allowing a prisoner to have a photograph, the child’s identity must
be established. If a photograph is sent in, or brought in by the prisoner, it must not be issued until suitable
enquiries have been made. If a photograph is found in the prisoner’s possession, he/she must be asked who
the child is. If they cannot clearly identify the child, the photograph must be confiscated and placed on the
prisoner’s record together with a report of the incident. Even if the prisoner does identify the child, further
enquiries must be made to check that the response is truthful.
Once the child’s identity has been established, the prison must then check whether he or she is one with
whom contact has been allowed at level two or above (Chapter 5c part 4.2). If so, no further action is needed,
other than to consider the risk of sharing (see part 4 below). If the child is not one with whom contact has
been allowed, the prison must contact the primary carer and ask whether they want the prisoner to be allowed
to have the photograph(s). This must be done in all cases; consent cannot be assumed where the prisoner
is sent a photograph, even if it seems to have come from the primary carer. If the primary carer cannot be
contacted, the photograph must be confiscated permanently and stored with the prisoner’s record until
release.
The primary carer must give their consent before a prisoner can be allowed to have a photograph. Withheld
consent means the photograph cannot be handed over. However, consent is not necessarily determinative.
Governors may still consider that it is not in a child’s interests for a photograph to be allowed, even if the
primary carer has no objection. Where necessary, advice should be sought from Children’s Services.
If a photograph includes more than one child, the identity of each child must be ascertained and consent
sought from the primary carer as above. If it proves impossible to do this, or if any carer objects to the prisoner
120
having the photograph, the photograph must be cropped to show only the child / children of whom images
can be allowed. If this cannot be done, it must be withheld.
If the child is one with whom contact has been allowed at level two or above, the primary carer’s consent does
not need to be sought. However, risk to children in general and the possibility of sharing must both still be
considered - see 3 and 4 below.
1.3
Risk to the child in question
When a child’s identity has been established and the parent / carer has consented to the prisoner having the
photograph, the potential risk to the child from the prisoner having it must be considered. It is impossible to
give definitive advice about every conceivable situation. Factors to consider include:

the relationship between the prisoner and the child (if any) and what history there may be between
them. If the child is the prisoner’s victim, it will not usually be possible to allow possession of
photographs. However, if the parent / carer consents and it is judged not to be contrary to the child’s
best interests, possession may be possible;

where applicable, the relationship between the prisoner and the person who sent the photograph, and
the reason(s) for the photograph being sent;

possible grooming or conditioning of the child and/or the parent / carer, especially if either could be
described as vulnerable; and

whether the prisoner has a history of offending against children of the age / gender of the child in the
photograph.
In all cases where the decision is not to allow possession, the photograph must be either:

returned to the sender where possible, or

placed on the prisoner’s record, or
 confiscated permanently and disposed of,
and the reasons recorded. A pro-forma letter is attached at Annex A.
Where possession is allowed, the details must be recorded on the prisoner’s record and history sheet.
2
PARENTAL ROLE
Where there are concerns about the conditioning or coercion of the primary carer by the prisoner, or concerns
about the capacity of the parent / carer to ensure the child is adequately protected from harm, the prison must
notify the relevant local authority Children’s Services Department, who will decide whether to approach the
primary carer. All such reports must be made in writing and a record kept of the report and of any further
correspondence.
3
RISK TO OTHER CHILDREN
Even if no risk to the subject of a photograph can be identified (including cases where the subject of the
photograph is no longer a child - see also part 6 below), prisons must also consider whether its possession
could encourage criminogenic fantasies, or be used to reinforce offending behaviour or undermine
rehabilitation, such that the prisoner’s risk to other children or to children in general could be increased. It
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may still be necessary not to allow possession of the photograph, even though possession might not be
against the subject’s own best interests. (See also Chapter 10.)
4
SHARING
Some prisoners, including child sex offenders, have been known to give photographs of children to others
who should not be allowed them. The risk of this happening must be considered in every case where a
prisoner applies to be allowed photographs of children. In some circumstances it could lead to permission for
possession being refused, although this will always have to be determined case by case, based on all the
relevant factors about the prisoner and the prison context. If permission is refused, consideration should be
given to whether it is may instead be appropriate to give the prisoner supervised access to the photographs.
Where a photograph is found in the possession of a prisoner for whom it has not been authorised, it must be
confiscated and the prisoner questioned about how they obtained it. A Security Incident Report should be
completed and appropriate action taken, including action against any other prisoner who may be involved.
It is possible for photographs to be shared inadvertently with prisoners who would not be allowed possession
of photographs in their own right. Prisoners should be clear that the photograph has been authorised for their
possession only and under no circumstances should the photograph be given to any other prisoner.
5
SUBJECTS WHO ARE NO LONGER CHILDREN
Once the subject of a photograph has been identified, it may turn out that they have grown into an adult or
even that they have died. In such a case it may be possible to conclude that there is no risk to the subject.
Nonetheless, a risk assessment must still be carried out and the potential for risk to other children must still
be considered.
Criteria to be considered are:

whether the subject of the photograph has consented to the prisoner’s holding it;

whether there is anything to suggest that the prisoner is currently a risk to the subject;

whether the prisoner poses a risk of harm to children in general, whether the prisoner has done
anything to address his/her risk, and whether possession of the photograph might increase it or
undermine rehabilitation - see 3 above;

6
whether there is a risk that the prisoner will share the photograph with others, especially where this
could support offending behaviour or criminogenic fantasies.
APPEALS
Prisoners who wish to appeal against a decision made by the prison can do so using the complaint procedure
set out in PSI 02/2012 Prisoner Complaints.
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Chapter 5d
Annex A
Prisoner notification - child photographs
HM PRISON SERVICE
PERSONAL PHOTOGRAPHS OF CHILDREN
NAME:
PRISON NUMBER:
PRISON / YOI:
DATE:
We have considered whether you should be allowed to hold in your possession a personal photograph of
the child that has been described below. This is a notice to inform you that we have decided that it is not
suitable for you to have access to this photograph.
Photograph
Photograph description
Name of child in the photograph
You have not been allowed access for the following reason/s:
The photograph will be returned to sender / stored on your file / confiscated permanently.
If you wish to make a complaint or have any questions about this decision, please speak to a member of
staff.
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Chapter 6
HARASSMENT MEASURES AND NO-CONTACT REQUESTS
1
INTRODUCTION
Due to the persistent nature of their offending, prisoners who have been convicted or remanded in custody for
harassment offences or who are the subject of court orders for harassment should be managed in custody
under Harassment Public Protection Measures (HPPM).
In order to provide effective protection for victims, the prison must manage closely the nature of risk presented
by these prisoners. All such prisoners must be identified on reception and their communications restricted
and monitored in accordance with the statutory provisions. Key risk information about the offender and
notifications must be shared with the probation offender manager, and where necessary, with police and
children’s services.
This chapter must be read in line with PSI 49/2011 Prisoner Communication Services; PSI 04/2016 The
Interception of Communications in Prisons and Security Measures; and PSI 46/2011 Tackling Witness
Intimidation by Remand Prisoners.
2
IDENTIFICATION
The Protection from Harassment Act 1997 is the main legislation dealing with harassment. It defines
behaviours that provide the basis for criminal prosecution, claims for damages, and civil injunctions. However,
this Act is not the only legislation that is captured by HPPM. The table below gives a brief summary of the
offences and court orders that should be identified on a prisoner’s reception for both conviction and remand referred to collectively in this chapter as “harassment situations”. Some of the legislation listed includes
updates inserted by later Acts.
Protection from Harassment
Act 1997
Public Order Act 1986
Crime and Disorder Act 1998
Family Law Act 1996
Domestic Violence, Crime and
Victims Act 2004
Serious Crime Act 2015
during criminal cases
various offences, plus restraining orders and injunctions to prevent
harassment including, but not limited to,
s.2A: stalking
s.4A: stalking involving fear of violence or serious alarm and distress
s.4A: intentional harassment, alarm or distress
s.5: harassment, alarm or distress
s.31: racially aggravated public order offences
s.32: racially aggravated harassment
s.42: non-molestation orders (civil)
s.42A: breach of non-molestation order (criminal offence)
s.12 enables restraining orders to be made on conviction or acquittal
for any criminal offence
s.76 offence of controlling or coercive behaviour in an intimate or family
relationship
harassment and intimidation of witnesses
Prisoners convicted of offences under other legislation (such as the Malicious Communications Act 1998,
Telecommunications Act 1984 or Criminal Justice & Public Order Act 1994) may also be managed in custody
under the harassment measures set out in this chapter. Any decision to apply harassment measures to
124
prisoners who are convicted of such offences must be made case by case and must be proportionate to the
risk the prisoner presents to the victim or potential victim.
2.1
Person Escort Record (PER)
For both convicted and remand prisoners, the PER will identify any relevant harassment situations. If the
prisoner is subject to a restraining order, a copy of the order will be attached to the warrant.
If the additional victim information or restraining order has not been provided to the prison, every effort must
be made to contact the relevant court to enable the prison to manage the risk presented by the prisoner
correctly. In most cases the relevant police force will also hold this information; the prison should work with
its police intelligence officer (PIO) to ascertain this information.
Where a prisoner has been remanded or convicted of witness intimidation, victim information will be found on
the back of the MG6 Form attached to the warrant or remand order.
If there is no PER, but it appears from the warrant that the prisoner has been remanded for or convicted of
current harassment offences, or is subject to an injunction or other restraining order, the governor must
consult the police to obtain further information. This must be done within 24 hours of reception or, at
weekends, on the next working day.
On identification the prisoner must have the harassment offences/court orders risk alert flag(s) added to their
Prison-NOMIS record. The stalker, domestic abuse or no-contact request flag must be used in conjunction
with the HPP flag where relevant.
3
NOTIFICATIONS
3.1
Informing the prisoner
Annex A (prisoner notification) must be given to the prisoner as soon as possible after identification. The
notification does not replace the communications compact but instead further supports it. The prison must
arrange for an approved translator if the prisoner does not fully understand English, if there is an identified
learning need staff must ensure that the notification has been understood by the prisoner.
3.2
Notifications to other agencies
Using Annex B, the relevant NPS / CRC offender manager in the prisoner’s discharge area must be informed
on the reception of a prisoner convicted or subject to any of the harassment situations described in the above
table. For young people, the same form must be sent to the relevant Youth Offending Team instead, who will
contact local authority Children’s Services as necessary. Court-based probation staff will inform relevant
probation staff where a prisoner has been remanded for harassment situations.
This notification must be carried out at reception, not in preparation for discharge. This avoids problems
arising where discharge dates change at short notice, leaving the probation service insufficient time to prepare.
Notification must be sent in all conviction cases, even if it is likely that the NPS / CRC is already aware. If
during the sentence the discharge address changes, please send an updated Annex B to the relevant
probation service provider.
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4
RESTRICTIONS
The Prison Service and its contracted providers operate a call enabling regime across the prison estate. For
prisoners subject to HPPM this will mean that all telephone numbers are checked before they are added to a
prisoner’s PIN phone account. Under no circumstances should a victim’s telephone number(s) be added to
the prisoner’s PIN phone account unless one of the exceptions in PSI 49/2011 paragraph 2.26 is satisfied.
Consideration should be given to barring the victim’s telephone number from all PIN phone accounts in the
establishment, to reduce the risk of contact with the victim via another prisoner’s account.
Mail room staff must be made aware of the victim’s address to allow necessary safeguards to be put in place
to prevent outgoing correspondence from the prisoner.
4.1
Monitoring
Communications monitoring must be initiated for all prisoners managed under HPPM. Annexes C and D
should be used to risk-assess the prisoner and record all recommendations and decision making. A period of
monitoring of no more than three months must be initiated immediately for all prisoners convicted of or
remanded over any of the harassment situations set out in part 2 of this chapter.
The introduction of the Public Protection Interception Risk Assessment (PPIRA) means that prisons will no
longer be required to monitor the communications of a relevant offender until the end of the court order.
Instead, following an initial period of monitoring, prisoners subject to HPPM will be risk-assessed using Annex
D to determine whether monitoring should continue. If monitoring continues, it can last no more than three
months before the decision is reviewed. However, if the Authorising Officer (Head of Security or Head of
OMU) concludes that monitoring of the prisoner’s communications should be discontinued, a review date must
still be set to review this decision. This allows the prisoner to remain as a live case; it is an opportunity for
the prison to consider whether the decision to discontinue monitoring still sufficiently protects the victim and
addresses the level of risk presented by the prisoner at the time of review. To inform the review, the
Authorising Officer may authorise a short period of communications monitoring if it is necessary and
proportionate to do so; the period over which this monitoring takes place must be appropriate to the risk posed
by the prisoner. There is no set period of time, nor a set number of reviews, within which the prison is required
to review a case following a decision to discontinue monitoring; both of these decisions will be down to
professional judgment, based on the merits of each case.
The monitoring process must be supported by robust record keeping. The public protection department must
have a record of all prisoners subject to HPPM, including the date monitoring was initiated and the dates of
subsequent reviews. The actions taken following a review must also be recorded.
4.2
Electronic contact via social networking
Prisoners are not allowed access to the internet except for educational purposes, employment and
resettlement activities, and even then only to pre-approved websites while under close supervision. Prisoners
are warned on induction that they are not allowed to access any social networking site, either directly or
indirectly, while in custody.
Despite this prohibition, there have been occasions when prisoners have accessed the internet, in particular
social networking sites such as Facebook, to update their profiles and/or contact victims. This has been done
in a number of ways, including:
126

by illicit use of illegal mobile phones;

via a third party, after instructing family or friends; and

by accessing the internet while on ROTL.
In 2009, an agreement was reached between NOMS and Facebook whereby profiles found to have been
updated by serving prisoners (it is not an offence for a prisoner to have a profile, as one may have existed
before their incarceration) can be removed if NOMS makes an official request. Further, intimidating content
and the updating of a personal profile by a third party are breaches of Facebook’s terms and conditions and,
if reported, may also lead to the profile being removed by Facebook.
All reports of prisoners accessing social networking sites should be directed to the Single Point of Contact
Operational Intelligence Team, National Intelligence Unit, Security Group - [email protected] or 030
0047 6354. Reports should contain as much detail as possible, including details of the social networking site
being used and if possible the URL that allows direct access to the profile page.
5
REQUEST FOR NO CONTACT
A member of the public can ask a prison to impose restrictions on the contact they receive from a prisoner.
The prison must immediately put the necessary PIN phone and mail room restrictions in place to stop the
prisoner making any unwanted contact following receipt of the request. The prisoner must be made aware of
this restriction, using Annex E.
Members of the public must be advised that all requests should be put into writing for the attention of the
public protection manager. Alternatively, the request can be sent by email if the OMU / public protection
department operates a secure functional mailbox. In some cases the individual will be unable or reluctant to
put the request in writing; this should not stop the prison taking the necessary steps to action the request. The
prisoner’s file must fully record all requests and subsequent actions, to provide an audit trail. All requests for
no contact should be readily available on the prisoner’s file for any subsequent receiving prisons to act on as
soon as they receive him/her.
5.1
No contact with minors
The primary carer of a person who has not yet reached their eighteenth birthday may contact the prison to
request a restriction on contact between the prisoner and child. Unless there is a family court order in place
with specific terms of contact between prisoner and child, an immediate restriction to communications must
be applied as above.
5.2
Change to a no-contact request
If someone wishes to resume contact with a prisoner, they must be asked to put it in writing or email to the
prison’s secure functional mailbox. Only in very exceptional circumstances, where a request is too urgent to
go through the standard procedure, should contact be allowed to resume without written notification from the
individual concerned.
5.3
Monitoring arrangements
Prisoners subject to communication restrictions following a no-contact request should not be managed under
the HPPM as set out in parts 1-4 of this chapter. Any decision to initiate a period of monitoring should be
127
made case by case in line with the risk presented by the prisoner; there will no longer be a blanket approach
to initiate monitoring solely based on a no-contact request. This does not decrease the protection provided to
the public; instead, it encourages the prison to target its resources effectively.
6
VICTIMS
6.1
Victim Helpline
In some cases, the victim of a prisoner in a harassment situation or a member of the public who has asked for
no contact will contact the Prison Service Victim Helpline to report harassment or voice concerns about further
harassment. The primary purpose of the helpline is to prevent any unwanted contact between prisoner and
victims.
The Victims Helpline can be reached on 0845 7585 112. The Helpline is staffed 9am - 4pm Monday to Friday,
and is available 24 hours a day via the answer phone. All calls are responded to by the next working day.
Emails can also be sent to [email protected], or victims can write to:
The NOMS Victim Helpline
PO Box 4278
B15 1SA.
6.2
Contact request
Victims wishing to contact prisoners while protected by a restraining order, non-molestation order, or other
order or injunction, should be advised to seek legal advice in order to obtain a variation of the court order. The
prison should not facilitate any request that would result in a breach of a court order. The same principle will
apply if a request is received from a prisoner seeking contact with a victim.
Victims of harassment not protected by an order or conditions set by a court should make a request in writing
or secure email to the governor, specifying the type of contact requested and their reasons for wishing to
resume contact. The governor must seek the views of the NPS / CRC offender manager as part of the
decision-making process, with consideration given to the protective measures and safeguards that can be
applied to facilitate the contact while in the prison. Staff should, however, be alert to signs that would suggest
that the victim has made the request as a result of bullying or intimidation.
The offender manager must be informed of all requests for contact from prisoner or victim.
7
BREACH
7.1
Breach or attempted breach of a restraining order or injunction
Breach of a restraining order or injunction, without reasonable excuse, is a criminal offence. Any incident of
breach or attempted breach must be reported to the police to pursue, and where there is offender manager
involvement they must also be informed of the breach.
128
7.2
Breach or attempted breach by prisoner remanded for witness intimidation
The police must be notified of any breach or attempted breach by a prisoner remanded for a witness
intimidation offence. Immediate action must be taken in order for the witness / victim(s) to receive the
necessary support from the police and Witness Care Unit.
7.3
Breach or attempted breach in other harassment situations
In other cases decisions about referring a breach to the police must be made case by case. If the matter is
not referred to the police, it may be appropriate to deal with the prisoner through the prison discipline system,
where governors have a number of disciplinary measures available to consider.
8
RELEASE ON TEMPORARY LICENCE (ROTL)
The primary purpose of most ROTL is to help to prepare the prisoner for release into the community. The
general approach is therefore to begin a gradual programme of ROTL some time before the potential release
date. In doing so, governors must ensure that account is taken of the potential effect of release on victims.
It is important to be aware of significant anniversaries and venues, with particular reference to victims, when
considering the timing of the prisoner’s temporary release from prison and where the prisoner will go in the
community. Before any release is considered, a check must be made with the offender manager to establish
the whereabouts of any identified victims and whether the victim or their family is participating in the Victim
Contact Scheme. If so, there is a statutory requirement that reasonable steps must be taken to allow them
to make representations about the conditions to be attached to any temporary release licence, and any
representations must be put before the ROTL Board. The offender manager must be informed of the outcome
of the ROTL Board, including any victim-specific conditions, in order for it to be communicated to the victims
via the Victim Liaison Officer. Refer to PSI 13/2015 PI 10/2015 Release on Temporary Licence for further
information on ROTL and input from external agencies
9
DISCHARGE
The police are primarily responsible for protecting the public. Although it is not mandatory to notify the police
on discharge of all prisoners who are under harassment measures or subject to no-contact requests,
consideration should be given case by case to notification of such prisoners if they will not be subject to
MAPPA management on release. This should be considered particularly when dealing with persistent
offenders. The notification of release will allow the police time to consider whether any additional mechanisms
are needed to enhance the victim’s safety in the community.
129
Chapter 6
Annex A
Prisoner subject to harassment public protection measures (HPPM)
Copy this form into a new blank document for use, and replace the sections marked in red before printing.
Harassment Public Protection Measures
Name
Prison
Prison Number
You will be managed under harassment public protection measures because:

you have been charged with or convicted of a harassment offence

you are subject to a restraining order, non-molestation order, or other civil order or injunction

you have been charged with or convicted of harassment and/or intimidation of witnesses

you have been charged with or convicted of an offence of controlling or coercive behaviour in an
intimate or family relationship
You must not directly or indirectly contact or attempt to contact :

List names of victims or persons protected by order or injunction
All telephone numbers you submit will be checked before enabled on your PIN phone account. The recipient
must agree to receiving phone calls from you.
Your PIN phone and mail will be subject to listening and reading. This will be reviewed periodically and any
decision to remove monitoring arrangements will be in line with current risk assessments.
Information about a breach, attempted breach or encouraging others to carry out further harassment of your
victims may be shared with the police and/or managed through the internal prison discipline procedure.
This document supports the communications compact.
I fully understand the contents of this document
Prisoner’s signature
Procedures explained by
(print name)
Date
130
Chapter 6
Annex B
Notice to NPS / CRC / YOT
Copy this form into a new blank document for use, and replace the sections marked in red before printing.
Harassment Public Protection Measures (HPPM)
To
From
[insert name and address of probation service
provider / youth offending team]
[contact name and department]
[insert name and address of establishment]
and [where appropriate]
[insert name], offender manager / YOT manager
[contact number and email address]
I am writing to inform you that [insert prisoner’s full name, date of birth, prison number], whose details are
below, will be managed in custody under HPPM. This is because the prisoner has been convicted of a
harassment offence or is subject to a restraining order, non-molestation order, or other civil order or injunction.
This notification enables you to update your records and consider any action in relation to offender supervision
or victim care.
In some cases you may not be responsible for the management of the prisoner as he/she may not meet the
sentencing or risk threshold. If this is the case, please check for any previous record of the prisoner and
update your systems with this notification.
If you have risk-relevant information that has not previously been shared with the Prison Service and that may
assist in the management of the prisoner and/or the protection of the victim, please send it to me at the above
address.
Offence(s)
Sentence(s)
Sentencing court
Date sentenced
Automatic release date (ARD)
Conditional release date
Non-parole date (NPD)
Parole eligibility date (PED)
Prisoner is subject to a restraining order / non-molestation order / other civil order or injunction
[tick if any apply]
Specifics of the order [include expiry date and restriction type]
131
132
Prisoner’s discharge
address
Name(s) and address(es)
of victim(s)
No victim details should be disclosed to the offender
133
Chapter 6
Annex C
PPIRA - 1
PPIRA 1
PUBLIC PROTECTION INTERCEPTION RISK
ASSESSMENT
Part One - Initial Assessment
Initial assessment for the monitoring of all new receptions subject to public protection measures
1. OFFENDER DETAILS
All details must be completed.
Last name:
First name:
Date of birth:
Prison number:
Current offence(s):
Relevant pre-convictions:
2. TRANSFER HISTORY
Only complete for offenders who have been transferred from another establishment.
If applicable, refer to P NOMIS and Public Protection / Security file before completing this section.
Previous establishments and dates:
Had the offender been subject to
monitoring at previous establishments?
Type of monitoring:
PIN phone
Give details of any breach or intelligence
found from previous monitoring:
134
Mail
Both
3. PUBLIC PROTECTION CASE
Tick relevant box or provide details under ‘Other’.

PPRC or potential PPRC as described
in Chapter 5b/5c of the Public
Protection Manual

remanded or convicted in respect of a
“harassment situation” as described in
Chapter 6 of the Public Protection
Manual

subject to an order or injunction as
described in Chapter 6 of the Public
Protection Manual

other (give details):
4. AUTHORISATION FOR THE OFFENCE-RELATED READING OF MAIL AND
MONITORING OF TELEPHONE CALLS
Monitoring can be justified only where necessary and proportionate on one or more of the grounds
listed in this section. Tick the relevant box.
Monitoring of the offender’s communication is necessary on the following grounds and is proportionate to its
aim:
The interests of national security
The prevention, detection, investigation or
prosecution of crime
The interests of public safety
Securing and maintaining security or good
order and discipline in prison
The protection of health and morals
The protection of rights and freedoms of
any person
5. MONITORING REQUIRED
Indicate the type of monitoring initiated.
Type of monitoring:
Monitoring
PIN phone
135
Reading mail
Both
6. MONITORING
A review date must be entered. The review date must be no more than three months from the date that
monitoring is started. The monitoring decision should be reviewed earlier than three months where
possible.
Start date:
Review date (must be no more than three
months from start date):
7. AUTHORISING OFFICER
Authorisation to monitor communications must be obtained from the designated manager appointed
by the governor. The authorising officer must be satisfied with the entries in section 1-6 before
authorising the initial period of offence-related monitoring.
Name and grade:
Date:
136
PPIRA 1
PUBLIC PROTECTION INTERCEPTION RISK
ASSESSMENT
Part One - Initial Assessment
Guidance notes
Risk assessment for offenders subject to PIN phone / mail monitoring.
Must be used to complete public protection Interception risk assessment Part One - Initial Assessment.
1. OFFENDER DETAILS
All details must be completed. Only relevant previous convictions are necessary.
If the prisoner is subject to a restraining order or injunction please provide the expiry date where there is one.
2. TRANSFER HISTORY
If the offender has completed a period of monitoring at a previous establishment and you are satisfied that all
risk-relevant information was considered at the time of discontinuing monitoring, then there is no need to
resume any monitoring. This should be recorded on file. An appropriate review date must still be set, as all
public protection cases must stay live throughout an offender’s time in custody in order to account for any future
change in risk or circumstance. For these offenders the review date does not have to be within a set period of
time; decisions should be made on a case-by-case basis.
3. PUBLIC PROTECTION CASE
Offences subject to offence related monitoring as listed in PSI 04/2016 The Interception of Communications in
Prisons and Security Measures
4. AUTHORISATION FOR THE OFFENCE RELATED READING OF MAIL AND
MONITORING OF PHONE CALLS
A period of communication monitoring can be justified only where necessary and proportionate on the grounds
listed in this section.
5. MONITORING REQUIRED
Indicate the method of communication which will be subject to monitoring.
6. MONITORING
A review date must be set for completing Part Two - Assessment & Authorisation. The review date should be
no more than three months from when monitoring is authorised but a review should take place earlier where
possible. This should be decided case by case and not before all relevant information and intelligence has
been gathered.
7. AUTHORISING OFFICER
The Authorising Officer is a designated manager appointed by the governor. This officer should be an
operational or a non-operational manager responsible for OMU / Public Protection or Security functions in the
prison.
The Authorising Office must be satisfied with sections 1-6 before authorising the initial period of monitoring.
137
Chapter 6
Annex D
PPIRA - 2
PPIRA 2
PUBLIC PROTECTION INTERCEPTION RISK
ASSESSMENT
Part Two - Assessment & Authorisation
Risk assessment for offenders currently subject to PIN phone / mail monitoring.
Must be read in accordance with Offence-Related Interception - Part One Initial Assessment.
1. OFFENDER DETAILS
All details must be completed. Check for consistency with Part One - Initial Assessment.
Last name:
First name:
Date of birth:
Prison number:
Current offence(s):
2. CONTACTS
Check numbers on PIN phone list. Is the record maintained accurately? Have the contacts confirmed
agreement to communicate with the offender? Check with visits staff about the offender’s conduct
during visits.
Does the offender have an active PIN
phone account?
YES / NO
If YES - list the names and the offender’s
relationship to the contacts registered on
the PIN phone account (indicating any
contacts that are under 18):
Does the offender send or receive
correspondence?
YES / NO
If YES - list the names and the offender’s
relationship to the contacts that the
offender corresponds with (indicating any
contacts that are under 18):
Has the offender received any visits?
YES / NO
138
If YES - who has been visiting the offender
(indicating any visitors under 18)? Record
any concerns raised by visits hall staff:
Record any risk-relevant concerns about
associations while in custody:
3. RESTRICTIONS
Is the offender subject to child contact
procedures?
YES / NO
If YES - has the offender requested
contact with any children?
YES / NO
If YES - provide details:
Has contact been allowed?
YES / NO
If YES - what level of restriction has been
applied to named children (chapter 5c
Public Protection Manual)?
If NO - record the reasons for the decision:
Is the offender is subject to harassment
measures?
YES / NO
If YES - provide details:
Has a member of the public requested that
no contact is made by the offender while in
custody?
YES / NO
If YES - provide details:
4. MONITORING
Consider any findings from the monitoring period. Look particularly at relationships with ex-offenders
and current offenders. Record anything of concern.
How long have the offender’s
communications been monitored?
Has the offender breached any of his or
her restrictions during this period?
YES / NO
If YES - provide details:
Has the monitoring of mail or calls resulted
in intelligence gathering?
YES / NO
If YES - provide details:
139
Does the offender make an excessive
number of calls?
YES / NO
If YES - to whom are the calls made?
Is the offender in contact with an exprisoner or an offender located at another
establishment?
YES / NO
If YES - provide details, and record any
concerns:
5. ASSESSMENT
Consider how monitoring communication minimises the risk of harm in line with the details provided
in this section. Is monitoring appropriate or are the existing PIN phone and correspondence
safeguards sufficient to deal with the risk presented?
Provide details of past history and pattern
of offending:
What were the circumstances of the index
offence?
What information is there about the
triggers to this prisoner’s offending?
What social and environmental conditions
increase the risk of offending for this
individual?
Provide information about past or current
victims, how they were targeted or
groomed, and the vulnerability and type of
victim:
Comment on the behaviour and conduct of
the prisoner while in custody including
relevant adjudications:
Record any concerns about associations in
custody:
Has there been any activity /
communication while in custody to
suggest that the offender subjects
others to domestic abuse?
YES / NO
If YES - provide details:
Record any intelligence received
from other agencies such as police,
140
the Probation Trust, and social
services:
Record any other relevant information,
such as intelligence reports / MAPPA
requests / ViSOR:
6. RECOMMENDATION
Must be completed by the Offender Supervisor or equivalent who has knowledge of the offender.
I recommend the continued monitoring of
the offender’s communication. Provide
reasoning:
I do not recommend the continued
monitoring of the offender’s
communication. Provide reasoning:
Assessment date:
Assessor’s name and grade:
7. AUTHORISING OFFICER
Authorisation to continue / discontinue monitoring must be obtained from an operational or a nonoperational manager appointed by the Governor.
I authorise the continued monitoring of
the offender’s communication as
necessary and proportionate:
I authorise the discontinuation of
monitoring the offender’s communication
as necessary and proportionate:
Name:
Grade:
Date:
8. REVIEW
A review date must be set for any action. It is the Authorising Officer’s responsibility to ensure that an
appropriate review date has been set for all actions. Continued monitoring must have a review date
set for a maximum of three months.
Review date:
141
PPIRA 2
PUBLIC PROTECTION INTERCEPTION RISK
ASSESSMENT
Part Two - Assessment & Authorisation
Guidance notes
Risk assessment for offenders currently subject to PIN phone / mail monitoring.
Must be used to complete Public Protection Interception Risk Assessment Part Two - Assessment &
Authorisation.
Reference must be made to all monitoring logs when completing this assessment.
1. OFFENDER DETAILS
Check for consistency with PPIRA 1.
2. CONTACTS
Check numbers on PIN phone list. Ensure record has been maintained accurately. Consider the relationship
between offender and all contacts.
Speak with visits staff about the offenders conduct during visits. Are there any concerns about the offender’s
conduct during visits with certain visitors? If there are concerns, do they follow through to phone calls and
correspondence?
3. RESTRICTIONS
If the PPRC or child contact assessment process in chapter 5b and 5c of the Public Protection Manual is
ongoing for the offender, this should be noted.
4. MONITORING
Consider all findings from the monitoring period. If a relevant SIR has been submitted provide a summary of it.
Look at the relationships with ex-offenders and current offenders and record any information of concern. Has
100% of the offender’s communication been intercepted and assessed?
5. ASSESSMENT
Consider how monitoring communication minimises the risk of harm in line with the details provided in this
section.
ViSOR should be checked for relevant information and updated accordingly.
6. RECOMMENDATION
Must be completed by the Offender Supervisor or equivalent who has knowledge of the offender. Reasons for
the recommendation must be clear and based on risk.
7. AUTHORISING OFFICER
The authorisation to continue / discontinue monitoring should be obtained from the designated manager
appointed by the Governor. This should be an operational or non-operational manager responsible for the
OMU / Public Protection or Security function in the establishment.
142
8. REVIEW
A review date must be set for any action. If the authorised action is to continue monitoring the review should
be no more than three months after the authorised date; but, where possible, the review should take place
sooner.
If monitoring is discontinued the review does not have to be within a set period of time; decisions on when to
review should be made on a case-by-case basis.
In all cases a review date must be set.
143
Chapter 6
Annex E
PPIRA - Review
PUBLIC PROTECTION INTERCEPTION
RISK ASSESSMENT
Review
Review document for offenders currently subject to PIN phone / mail monitoring.
Must be read in accordance with Offence-Related Interception - Part Two Assessment &
Authorisation.
This template must be used for each review.
1. OFFENDER DETAILS
All details must be completed. Check for consistency with Part Two Assessment & Authorisation
Last name:
First name:
Date of birth:
Prison number:
Current offence(s):
2. CONTACTS
Record any relevant changes or updates to the information provided under section 2 of PPIRA 2 or
since last review.
144
3. RESTRICTIONS
Record any relevant changes or updates to the information provided under section 3 of PPIRA 2 or
since last review.
4. MONITORING
Record any relevant changes or updates to the information provided under section 4 of PPIRA 2 or
since last review.
145
5. ASSESSMENT
Record any changes or updates to the assessment made under section 5 of PPIRA 2 or since last
review.
6. RECOMMENDATION
Must be completed by the Offender Supervisor or equivalent who has knowledge of the offender.
I recommend the continued interception of the offender’s
communication. Provide reasoning:
I do not recommend the continued monitoring of the offender’s
communication. Provide reasoning:
Assessment date:
Assessor’s name and grade:
146
7. AUTHORISING OFFICER
Authorisation to continue / discontinue monitoring must be obtained from an operational or a nonoperational manager appointed by the Governor.
I authorise the continued monitoring of
the offender’s communication as
necessary and proportionate:
I authorise the discontinuation of
monitoring the offender’s communication
as necessary and proportionate:
Name:
Grade:
Date:
8. REVIEW
A review date must be set for any action. It is the Authorising Officer’s responsibility to ensure
that an appropriate review date has been set for all actions. Continued monitoring must have a
review date set for a maximum of three months.
Review date:
147
Chapter 6
Annex F
Notification to prisoner of no-contact request
No-Contact Request
Name
Prison
Prison Number
You must not directly or indirectly contact or attempt to contact :

List names of person(s) requesting no contact
You must not submit any telephone numbers for the above person to be enabled onto your PIN phone
account. You must not send any mail to their addresses or for their attention.
If you breach or attempt to breach this restriction you may be managed through the prison discipline
procedure. Breach information may also be shared with police and probation if deemed necessary.
Your PIN phone and mail may be subject to listening and reading in line with the risk you present.
This document supports the communications compact.
Prisoner signature
I fully understand the contents of this document
Procedures explained by
Print name
Date
148
Chapter 7
SEXUAL OFFENDER REGISTRATION AND NOTIFICATION
1
INTRODUCTION
This chapter provides information and guidance on how establishments must deal with prisoners who are
subject to sexual offender registration requirements. These arrangements may apply both during custody and
on release.
The registration (or notification) scheme applies to anyone who has been cautioned, convicted or otherwise
dealt with in respect of a sexual offence listed in Schedule 3 to the Sexual Offences Act 2003. Registration
requirements also apply to anyone subject to a sex offender order (SOO), a sexual restraining order, a sexual
offences prevention order (SOPO) or a sexual harm prevention order (SHPO).
The length of time an individual remains on the “sex offender register” will depend on the offence they have
committed, the sentence they have been given and their age when they were convicted or cautioned for the
relevant offence.
2
REGISTRATION REQUIREMENTS
2.1
Overview
The sex offender registration requirements were introduced as part of the Sex Offenders Act 1997. They were
enhanced and amended under Part 2 of the Sexual Offences Act 2003 (“the Act”) and have been amended
again since then.
Part 2 of the Act imposes registration requirements for up to an indefinite period, depending on the offender’s
age, length and type of sentence. The requirements are to:

register in person at a prescribed police station in the area where they live, within three days of
release21, in order to provide relevant personal details (including name or alias that the person may
have, address, the address of any other premises in the UK he/she regularly stays, date of birth and
National Insurance number), and to submit, if asked to by the police, to being photographed and
fingerprinted;

notify the police of passport, debit, credit card and bank account details;

notify the police in person of any changes to their details, within three days;

notify the police in person, again within three days, if they have stayed for seven days or more within
any 12-month period at any address or addresses that they have not notified to the police;
21
The Act requires notification within three days beginning with the relevant date. How this three-day period should
be calculated is not set out in the Act. If the prisoner asks when the period runs out, the best response is to advise
them to consult their lawyer. Only if pressed should prison staff go further. Prisoners should not be told anything
that could inadvertently lead to their registering late. Thus, the safest interpretation is that the period expires at the
end of the second day after the day on which they are released. For example, if released on Monday, they will
need to register before the end of Wednesday; and if released on Friday, they will need to register before the end of
Sunday. Other periods specified in the Act should be treated the same.
149

notify the police of any intended foreign travel at least seven days before departure (with a minimum
of 12 hours before travel for travel not known about seven days beforehand, eg emergency travel);

notify the police when living / staying at a relevant household for a period of 12 hours or more where
a child under 18 also resides / stays;

notify the police weekly when there is no fixed abode; and

re-confirm their notified details annually.
The “relevant offences” that trigger these requirements are set out in Schedule 3 of the Act (Annex A). The
requirements are imposed on prisoners convicted of or cautioned for any of the offences listed in Schedule
3; some offences on this list also require a sentencing and/or age threshold to be met. The list of offences
that have sentencing thresholds is in Annex B.
Where a person receives a conditional discharge, the provisions that prevent convictions with a conditional
discharge from being treated as convictions is disapplied for the purposes of the registration requirements.
So if a person has received a conditional discharge for any of the offences listed in Schedule 3 after May
2004, the registration requirements apply.
The registration requirement does not apply to a prisoner for a relevant offence that pre-dates 1 September
1997 unless, before that date:

they had not been dealt with in respect of the offence;

they were serving a sentence of imprisonment or a term of service detention or were subject to a
community order in respect of the offence;

they were subject to supervision following release from prison for a relevant offence; or

they were detained in hospital in respect of a relevant offence.
In effect, this means that the only “old” offences where the registration requirements do not apply are those
where the sentence has completely expired.
2.2
Sexual offences prevention order (SOPO)
Section 104 of the Act introduced the sexual offences prevention order (SOPO), which replaced the sex
offender order (SOO) and sexual restraining order. A SOPO (including an interim SOPO) was intended to
protect the public from the risks posed by sex offenders by placing restrictions on their behaviour. It was a
civil measure available to the court when convicting a person of an offence listed in Schedule 3 or 5 to the Act,
or on application by the police in respect of a person who has previously been dealt with for such an offence.
The imposition of a SOPO triggers the registration requirements found in Part 2 of the Act for the duration of
the order. A SOPO and the registration requirements under the Act can differ in length. Where they do, the
longer of the two always takes precedence. So where a prisoner is already subject to registration requirements
but the duration of the SOPO exceeds that period, the prisoner must continue with registration requirements
for the duration of the order. Conversely, if registration requirements due to an offence listed in Schedule 3
exceed the SOPO duration, the registration requirement will remain in place after the SOPO expires, up to the
end of the statutory notification period.
SOPOs can no longer be issued by the courts but there will still be a number offenders who are subject to
them. When managing offenders subject to a SOPO, it is important that the prison is aware of how long the
order lasts and its effects. The prison must consider the specifics of the restrictions contained in the order
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when managing the risk posed by the prisoner. For example, if the prisoner is restricted from contacting an
individual by telephone, the prison must ensure that the necessary PIN phone restrictions have been put in
place. This may not necessarily mean the terms of the order prevent the offender communicating by mail,
although if this method of communication is not restricted it would be advisable to check with the protected
individual about receiving such correspondence.
2.3
Risk of sexual harm order
The risk of sexual harm order (RSHO) was a civil preventative order that could be made against any person
thought to pose a risk to children under 16. An RSHO does not place Part 2 registration requirements on the
offender, but breach of an RSHO is a criminal offence. If cautioned or convicted for breach of the order, the
offender will become subject to the registration requirements for the duration of the order. Prisons need to be
aware both of newly-received offenders convicted of breaching an RSHO and of breach convictions of serving
prisoners, in order to be able to inform them of the registration requirements. They need also to be aware of
the terms of RSHOs applying to prisoners, since the grounds for making an RSHO include sexual
communication with children and breaches will need to be reported to the police. RSHOs can no longer be
issued by the courts but there will still be a number of offenders who are subject to them.
2.4
Notification orders
Notification orders and interim notification orders are civil orders designed to protect the public from the risk
posed by sex offenders convicted or cautioned outside of the United Kingdom for a sexual offence. An
offender on whom a notification order is imposed is automatically subject to the registration requirements in
Part 2 of the Act. Where an offender with a qualifying sexual offence is received from overseas, the prison
must liaise with the local police to allow them to consider whether to apply to the courts for a notification order.
It is the police’s responsibility to make the application, and the final decision on doing so rests with them too.
The effect of the notification order is to impose registration requirements as though the offender had been
convicted or cautioned for the offence in the United Kingdom. Because of this, an overseas conviction or
caution that pre-dates 1 September 1997 does not qualify for a notification order.
2.5
New civil orders
The Anti-social Behaviour, Crime and Policing Act 2014 amended the Act to repeal SOPOs and RSHOs. They
were replaced by two new orders:

Sexual harm prevention order (SHPO) and

Sexual risk order (SRO)
The SHPO (including an interim SHPO) replaced the SOPO in March 2015. SHPOs are a public protection
tool available to the courts. A SHPO is similar to a SOPO but the threshold is lower: the court must be satisfied
that it is necessary to make a SHPO to protect the public or any particular members of the public from sexual
harm from the defendant.
The SHPO is available at point of conviction or by application from the police. It is important that the prison is
aware of the order’s duration and effects. The prison must consider the specifics of the restrictions contained
in the order when managing the risk posed by the prisoner. Any breach of a SHPO or interim SHPO, without
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reasonable excuse, is a criminal offence. The imposition of a SHPO will mean the prisoner is automatically
subject to Part 2 registration requirements of the Act.
The SRO (including an interim SRO) replaced the RSHO in March 2015. An SRO prohibits the prisoner from
doing anything described in it for the minimum duration of two years. A SRO may be issued where the
defendant has done an act of a sexual nature and as a result there is reasonable cause to believe that it is
necessary for such an order to be made. Unlike SHPOs, the imposition of an SRO does not trigger registration
requirements.
Prisoners subject to SROs will not necessarily have a conviction or previous conviction for a sexual offence.
It is important that prison staff are alert to SROs, as any breach of the order may constitute a criminal offence
and then trigger the registration requirements.
3
RELEVANT DATE
The notification or registration period begins on the relevant date. In most cases the relevant date means the
date of conviction or caution. However, where a sentence threshold has to be met before the offender
becomes subject to the registration requirements, the relevant date will be the date that the sentence threshold
was met. Examples are given below; refer to Annex B for further details.
Example
Paragraph 18 of Schedule 3 specifies that an adult offender becomes subject to the notification requirements
for the offence of sexual assault (s.3 of the Act) only where:

the victim was under 18, or

the offender is, in respect of the offence, sentenced to a term of imprisonment, detained in a
hospital, or sentenced to at least a 12 month community sentence (or in the case of an offender
aged under 18 a sentence of imprisonment of at least 12 months).
Three adult offenders are convicted of sexual assault on 1 June.
 The first offender committed the offence against a child under the age of 18; his "relevant date" is 1
June regardless of the sentence he receives (other than an absolute discharge) on that or a later date.
 The second offender committed the offence against someone aged 18 or over and on 1 July she is
sentenced to a term of imprisonment; her "relevant date" is 1 July.
 The third offender also committed the offence against someone aged 18 or over and he too is sentenced
on 1 July, but he receives only a 6 month community punishment; he does not meet the threshold and
does not become subject to the notification requirements.
4
CALCULATING THE REGISTRATION PERIOD
Unlike terrorist notification requirements (see Chapter 8), the period in custody and extended supervision
period count towards the offender’s period of registration. For offenders under eighteen the registration period
is halved, apart from indefinite registration and conditional discharge.
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They will be subject to the
notification requirements for:
Where the offender:
Is sentenced to 30 months or more imprisonment (including life)
An indefinite period
Is admitted to a hospital subject to a restriction order
An indefinite period
Is sentenced to imprisonment for more than 6 months but less
than 30 months
10 years
Is sentenced to imprisonment for 6 months or less
7 years
Is admitted to hospital, without a restriction order
7 years
Is cautioned
2 years
The duration of the conditional
discharge
Is given a conditional discharge
A person of any other description e.g. receives another type of
disposal (such as a community punishment or fine)
4.1
5 years
The Sexual Offences Act 2003 (Remedial) Order 2012
In April 2010 the Supreme Court declared indefinite notification for sex offenders to be incompatible with the
Human Rights Act. The indefinite notification requirements in section 82 of the Act have been amended by
the Sexual Offences Act 2003 (Remedial) Order 2012 to introduce a mechanism for reviewing indefinite
registration periods. Review is triggered by a relevant offender making an application to the police at least
fifteen years after their first notification following release. First notification will usually be within three days of
their release from custody; but if the offender fails, whether deliberately or in error, to notify within that deadline,
the fifteen years will not begin to run until the first notification.
The Remedial Order came into force on 30 July 2012 and all prisoners serving sentences at that time have
been informed of the changes that apply to them. If a relevant offender has not already been informed of the
change in legislation due to oversight or process failure, the prison must ensure that the Changes to legislation
notice at Annex C is served on the offender. No specific action is likely to be needed, separately from
confirming what registration requirements apply and reminding prisoners on discharge.
4.2
The Sexual Offences Act 2003 (Notification Requirement) (England & Wales)
Regulations 2012
These Regulations, which took effect in August 2012, enhanced the previous sex offender registration
requirements. They added the following requirements for all registered sex offenders:

police must be notified of any travel outside of the United Kingdom (this was previously three or more
days’ travel).

weekly notification must be made to police when the offender has no fixed abode.

police must be notified when living / staying at a relevant household for a period of 12 hours or more
where a child under 18 also resides / stays. This includes a household at which the offender is already
living and which a child comes to join.

bank and debit and credit card details, and information about passports and other identity documents,
must be provided at each notification.
All prisoners serving sentences at the time the Regulations took effect have been informed of the changes
that apply to them. If a relevant offender has not already been informed of the change in legislation due to
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oversight or process failure, the prison must ensure that the Changes to legislation notice at Annex C is served
on him/her. For most prisoners no specific action is likely to be needed, separately from confirming what
registration requirements apply and reminding prisoners on discharge (Annex D).
5
THE ROLE OF THE PRISON SERVICE
Offenders are told of their registration requirements on conviction but they have to be reminded of them on
prison reception and release. Establishments need to be alert to the possibility that requirements may have
changed between reception and release. For example, an offender may have been made subject to a SOPO
or SHPO while serving a custodial sentence, as an application for a SOPO or SHPO can be made to the
courts at any point.
It is the responsibility of the prison to ensure that, for all offenders subject to registration requirements of the
Act, it has:

identified the relevant offender on reception to custody

flagged the offender under the relevant MAPPA category on Prison-NOMIS alerts

where there is a court conviction notice, kept one copy on file and sent another copy to the offender
manager who will be responsible for supervising the offender

made a timely ViSOR partnership request and entered all relevant information on the nominal in line
with the ViSOR minimum data set and standards

transferred the court notice and all relevant documentation with the offender if he/she is moved to
another prison / hospital / Immigration Removal Centre

ensured that all relevant information about an offender managed at MAPPA Level 3 is shared with the
area MAPPA co-ordinator

explained the details of Annex D: Sexual offender registration notice to the offender during the
discharge process. The prison must arrange for an approved translator if English is not the offender’s
first language; staff must also be prepared to explain the contents of the document if there is an
identified learning need. The Annex must be signed by both member of staff and offender

provided the offender with all original court notices and any SOPOs / SHPOs, and a copy of Annex E
on release

sent copies of Annex D and Annex E: Notification of release to the police area where the offender is
to be discharged.
For offenders subject to a RSHO or SRO careful attention should be paid to applying the correct alert on
Prison-NOMIS. As the imposition of a RSHO or SRO does not identify the offender as a sex offender or
subject him/her to registration requirements, alert code ‘SOR or ‘SONR’ should not be applied to their PrisonNOMIS record. Instead risk alert ‘SSHO’ should be used.
5.1
Violent and Sexual Offenders Register (ViSOR)
ViSOR plays a key role in supporting Multi-Agency Public Protection Arrangements (MAPPA) and relevant
sex offences legislation. ViSOR is a database that includes the records of all offenders subject to registration
requirements in accordance with the Act. The records for all registered sex offenders (RSOs) are created and
“owned” by the police; but it is the prison’s responsibility to request partnership to the ViSOR record of any
offender in custody who is subject to registration requirements, within seven days of his entering custody.
Following partnership status and in line with the ViSOR minimum data set, the required information must be
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entered and updated throughout their sentence. Active ViSOR records are live, so relevant risk information
should include any changes to key dates, licence conditions and transfers.
In all cases where a period of ROTL has been approved, the details of the release period and discharge
address must be added to ViSOR before the offender is released on ROTL. If there is an offender manager,
they must be notified using Annex E.
5.2
Release from custody
Prison management must ensure that all prisoners subject to registration requirements are aware of their
obligations before being released from custody. A member of staff must give the prisoner a copy of the Sexual
Offenders Registration Notice (Annex D) and explain it to him/her verbally. Translations must be provided
where the prisoner’s English is not good enough to allow him/her to understand the requirements. The
member of staff and the prisoner must both sign and date the form at the bottom. If for any reason the offender
refuses to sign the form, the member of staff must note that at the end. A copy of the form must be placed
on the prisoner’s core record. A copy of Annex D and Annex E must also be sent to the police area to which
the offender is being discharged. If it is not clear to which area the prisoner is being discharged, the police
copy must be sent to the Chief Constable of the area where the establishment is located. The prison must
update ViSOR as well as the prisoner’s core record with the release date.
The prisoner must be provided with all original court notices and any SOPOs, SHPOs or other notification
orders on release.
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Chapter 7
Annex A
Sexual Offences Act 2003, Schedule 3 - offences that trigger
registration requirements
England and Wales
1
An offence under section 1 of the Sexual Offences Act 1956 (rape).
2
An offence under section 5 of that Act (intercourse with girl under 13).
3
An offence under section 6 of that Act (intercourse with girl under 16), if the offender was 20 or over.
4
An offence under section 10 of that Act (incest by a man), if the victim or (as the case may be) other party
was under 18.
5
An offence under section 12 of that Act (buggery) if (a) the offender was 20 or over, and
(b) the victim or (as the case may be) other party was under 18.
6
An offence under section 13 of that Act (indecency between men) if (a) the offender was 20 or over, and
(b) the victim or (as the case may be) other party was under 18.
7
An offence under section 14 of that Act (indecent assault on a woman) if (a) the victim or (as the case may be) other party was under 18, or
(b) the offender, in respect of the offence or finding, is or has been (i) sentenced to imprisonment for a term of at least 30 months; or
(ii) admitted to a hospital subject to a restriction order.
8
An offence under section 15 of that Act (indecent assault on a man) if (a) the victim or (as the case may be) other party was under 18, or
(b) the offender, in respect of the offence or finding, is or has been (i) sentenced to imprisonment for a term of at least 30 months; or
(ii) admitted to a hospital subject to a restriction order.
9
An offence under section 16 of that Act (assault with intent to commit buggery), if the victim or (as the
case may be) other party was under 18.
10 An offence under section 28 of that Act (causing or encouraging the prostitution of, intercourse with or
indecent assault on girl under 16).
11 An offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards young
child).
12 An offence under section 54 of the Criminal Law Act 1977 (inciting girl under 16 to have incestuous sexual
intercourse).
13 An offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children), if
the indecent photographs or pseudo-photographs showed persons under 16 and (a) the conviction, finding or caution was before the commencement of this Part, or
(b) the offender (i) was 18 or over, or
(ii) is sentenced in respect of the offence to imprisonment for a term of at least 12 months.
14 An offence under section 170 of the Customs and Excise Management Act 1979 (penalty for fraudulent
evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs
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Consolidation Act 1876 (indecent or obscene articles), if the prohibited goods included indecent
photographs of persons under 16 and (a) the conviction, finding or caution was before the commencement of this Part, or
(b) the offender (i) was 18 or over, or
(ii) is sentenced in respect of the offence to imprisonment for a term of at least 12 months.
15 An offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of a
child), if the indecent photographs or pseudo-photographs showed persons under 16 and (a) the conviction, finding or caution was before the commencement of this Part, or
(b) the offender (i) was 18 or over, or
(ii) is sentenced in respect of the offence to imprisonment for a term of at least 12 months.
16 An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of position of trust), if
the offender was 20 or over.
17 An offence under section 1 or 2 of this Act (rape, assault by penetration).
18 An offence under section 3 of this Act (sexual assault) if (a) where the offender was under 18, he is or has been sentenced, in respect of the offence, to
imprisonment for a term of at least 12 months;
(b) in any other case (i) the victim was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been (a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 12 months.
19 An offence under any of sections 4 to 6 of this Act (causing sexual activity without consent, rape of a child
under 13, assault of a child under 13 by penetration).
20 An offence under section 7 of this Act (sexual assault of a child under 13) if the offender (a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
21 An offence under any of sections 8 to 12 of this Act (causing or inciting a child under 13 to engage in
sexual activity, child sex offences committed by adults).
22 An offence under section 13 of this Act (child sex offences committed by children or young persons), if the
offender is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12
months.
23 An offence under section 14 of this Act (arranging or facilitating the commission of a child sex offence) if
the offender (a) was 18 or over, or
(b) is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months.
24 An offence under section 15 of this Act (meeting a child following sexual grooming etc).
24A
An offence under section 15A of this Act (sexual communication with a child).
25 An offence under any of sections 16 to 19 of this Act (abuse of a position of trust) if the offender, in respect
of the offence, is or has been (a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 12 months.
26 An offence under section 25 or 26 of this Act (familial child sex offences) if the offender (a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
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27 An offence under any of sections 30 to 37 of this Act (offences against persons with a mental disorder
impeding choice, inducements etc. to persons with mental disorder).
28 An offence under any of sections 38 to 41 of this Act (care workers for persons with mental disorder) if (a) where the offender was under 18, he is or has been sentenced in respect of the offence to
imprisonment for a term of at least 12 months;
(b) in any other case, the offender, in respect of the offence or finding, is or has been (i) sentenced to a term of imprisonment,
(ii) detained in a hospital, or
(iii) made the subject of a community sentence of at least 12 months.
29 An offence under section 47 of this Act (paying for sexual services of a child) if the victim or (as the case
may be) other party was under 16, and the offender (a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
29A
An offence under section 48 of this Act (causing or inciting child prostitution or pornography) if the
offender (a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12
months.
29B
An offence under section 49 of this Act (controlling a child prostitute or a child involved in pornography)
if the offender (a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12
months.
29C
An offence under section 50 of this Act (arranging or facilitating child prostitution or pornography) if
the offender (a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12
months.
30 An offence under section 61 of this Act (administering a substance with intent).
31 An offence under section 62 or 63 of this Act (committing an offence or trespassing, with intent to commit
a sexual offence) if (a) where the offender was under 18, he is or has been sentenced in respect of the offence to
imprisonment for a term of at least 12 months;
(b) in any other case (i) the intended offence was an offence against a person under 18, or
(ii) the offender, in respect of the offence or finding, is or has been (a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 12 months.
32 An offence under section 64 or 65 of this Act (sex with an adult relative) if (a) where the offender was under 18, he is or has been sentenced in respect of the offence to
imprisonment for a term of at least 12 months;
(b) in any other case, the offender, in respect of the offence or finding, is or has been (i) sentenced to a term of imprisonment, or
(ii) detained in a hospital.
33 An offence under section 66 of this Act (exposure) if (a) where the offender was under 18, he is or has been sentenced in respect of the offence to
imprisonment for a term of at least 12 months;
(b) in any other case (i) the victim was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been (a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
158
(c) made the subject of a community sentence of at least 12 months.
34 An offence under section 67 of this Act (voyeurism) if (a) where the offender was under 18, he is or has been sentenced in respect of the offence to
imprisonment for a term of at least 12 months;
(b) in any other case (i) the victim was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been (a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 12 months.
35 An offence under section 69 or 70 of this Act (intercourse with an animal, sexual penetration of a corpse)
if (a) where the offender was under 18, he is or has been sentenced in respect of the offence to
imprisonment for a term of at least 12 months;
(b) in any other case, the offender, in respect of the offence or finding, is or has been (i) sentenced to a term of imprisonment, or
(ii) detained in a hospital.
35A
An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of
extreme pornographic images) if the offender (a) was 18 or over, and
(b) is sentenced in respect of the offence to imprisonment for a term of at least 2 years.
35B
An offence under section 62(1) of the Coroners and Justice Act 2009 (possession of prohibited
images of children) if the offender (a) was 18 or over, and
(b) is sentenced in respect of the offence to imprisonment for a term of at least 2 years.
35C
An offence under section 69 of the Serious Crime Act 2015 (possession of paedophile manual) if the
offender
(a) was 18 or over, or
(b) is sentenced in respect of the offence to imprisonment for a term of at least 12 months.
Scotland
36
Rape [at common law]
37
Clandestine injury to women.
38
Abduction of woman or girl with intent to rape.
38A
Abduction with intent to commit rape under section 1 (rape) of the Sexual Offences (Scotland) Act
2009.
38B
Abduction with intent to commit rape under section 18 (rape of a young child) of that Act.
39
Assault with intent to rape or ravish.
39A
Assault with intent to commit rape under section 1 (rape) of the Sexual Offences (Scotland) Act
2009.
39B
Assault with intent to commit rape under section 18 (rape of a young child) of that Act.
40
Indecent assault.
41
Lewd, indecent or libidinous behaviour or practices.
41A
Public indecency if (a) a person (other than the offender) involved in the offence was under 18, and
159
(b) the court determines that there was a significant sexual aspect to the offender's behaviour in
committing the offence.
42
Shameless indecency, if a person (other than the offender) involved in the offence was under 18.
43
Sodomy, unless every person involved in the offence was 16 or over and was a willing participant.
44 An offence under section 170 of the Customs and Excise Management Act 1979 (penalty for fraudulent
evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs
Consolidation Act 1876 (indecent or obscene articles), if (a) the prohibited goods included indecent photographs or pseudo-photographs of persons under 16
and the offender (i) was 18 or over, or
(ii) is or has been sentences in respect of the offence to imprisonment for a term of at least 12
months, or
(b) in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate
that the offender be regarded, for the purposes of Part 2 of the Act, as a person who has committed
an offence under this paragraph.
44A
An offence under section 51A of the Civic Government (Scotland) Act 1982 (possession of extreme
pornography) if (a) the offender (i) was 18 or over, and
(ii) is or has been sentenced in respect of the offence to imprisonment for a term of more than
12 months, and
(b) in imposing sentence, the court determines that it is appropriate that Part 2 of this Act should
apply in relation to the offender.
45 An offence under section 52 of the Civic Government (Scotland) Act 1982 (taking and distribution of
indecent images of children) if (a) the child was under 16 and the offender (i) was 18 or over, or
(ii) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12
months, or
(b) in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate
that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed
an offence under this paragraph.
46 An offence under section 52A of that Act (possession of indecent images of children) if (a) the child was under 16 and the offender (i) was 18 or over, or
(ii) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12
months, or
(b) in imposing sentence or otherwise disposing of the case, the court determines that it is appropriate
that the offender be regarded, for the purposes of Part 2 of this Act, as a person who has committed
an offence under this paragraph.
47 An offence under section 106 of the Mental Health (Scotland) Act 1984 (protection of mentally
handicapped females).
48 An offence under section 107 of that Act (protection of patients).
49 An offence under section 1 of the Criminal Law (Consolidation) (Scotland) Act 1995 (incest), if a person
(other than the offender) involved in the offence was under 18.
50 An offence under section 2 of that Act (intercourse with a stepchild), if a person (other than the offender)
involved in the offence was under 18.
51 An offence under section 3 of that Act (intercourse with child under 16 by person in position of trust).
52 An offence under section 5 of that Act (unlawful intercourse with girl under 16), save in the case of an
offence in contravention of subsection (3) of that section where the offender was under 20.
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53 An offence under section 6 of that Act (indecent behaviour towards girl between 12 and 16).
54 An offence under section 8 of that Act (abduction of girl under 18 for purposes of unlawful intercourse).
55 An offence under section 10 of that Act (person having parental responsibilities causing or encouraging
sexual activity in relation to a girl under 16).
56 An offence under section 13(5) of that Act (homosexual offences) unless every person involved (whether
in the offence or in the homosexual act) was 16 or over and was a willing participant.
57 An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of position of trust),
where the offender was 20 or over.
58 An offence under section 311(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (nonconsensual sexual acts).
59 An offence under section 313(1) of that Act (persons providing care services: sexual offences).
59A
An offence under section 1 of the Protection of Children and Prevention of Sexual Offences
(Scotland) Act 2005 (meeting a child following certain preliminary contact) if (a) the offender (i) was 18 or over, or
(ii) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12
months, or
(b) in imposing sentence or otherwise disposing of the case, the court determines that it is
appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person
who has committed an offence under this paragraph.
59B
An offence under section 9 of that Act (paying for sexual services of a child), if (a) the victim or (as the case may be) other party was under 16 and the offender (i) was 18 or over, or
(ii) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12
months, or
(b) in imposing sentence or otherwise disposing of the case, the court determines that it is
appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person
who has committed an offence under this paragraph.
59C
An offence under any of sections 10 to 12 of that Act, if (a) the provider of sexual services or (as the case may be) person involved in pornography was
under 16 and the offender (i) was 18 or over, or
(ii) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12
months, or
(b) in imposing sentence or otherwise disposing of the case, the court determines that it is
appropriate that the offender be regarded, for the purposes of Part 2 of this Act, as a person
who has committed an offence under this paragraph.
59D
An offence under section 1 of the Sexual Offences (Scotland) Act 2009 (rape).
59E
An offence under section 2 of that Act (sexual assault by penetration).
59F
An offence under section 3 of that Act (sexual assault).
59G
An offence under section 4 of that Act (sexual coercion).
59H
An offence under section 5 of that Act (coercing a person into being present during a sexual
activity).
59I
An offence under section 6 of that Act (coercing a person into looking at a sexual image).
59J
An offence under section 7(1) of that Act (communicating indecently).
161
59K
An offence under section 7(2) of that Act (causing a person to see or hear an indecent
communication).
59L
An offence under section 8 of that Act (sexual exposure) if (a) the offender, in respect of the offence, is or has been (i) sentenced to a term of imprisonment, or
(ii) admitted to a hospital, or
(b) the offender was 18 or over and the victim was under 18.
59M
An offence under section 9 of that Act (voyeurism).
59N
An offence under section 11 of that Act (administering a substance for sexual purposes).
59O
An offence under section 18 of that Act (rape of a young child).
59P
An offence under section 19 of that Act (sexual assault on a young child by penetration).
59Q
An offence under section 20 of that Act (sexual assault on a young child).
59R
An offence under section 21 of that Act (causing a young child to participate in a sexual activity).
59S
An offence under section 22 of that Act (causing a young child to be present during a sexual
activity).
59T
An offence under section 23 of that Act (causing a young child to look at a sexual image).
59U
An offence under section 24(1) of that Act (communicating indecently with a young child).
59V
An offence under section 24(2) of that Act (causing a young child to see or hear an indecent
communication).
59W
An offence under section 25 of that Act (sexual exposure to a young child).
59X
An offence under section 26 of that Act (voyeurism towards a young child).
59Y
An offence under section 28 of that Act (having intercourse with an older child) if the offender (a) was 18 or over, or
(b) in respect of the offence, is or has been (i) sentenced to a term of imprisonment, or
(ii) admitted to a hospital.
59Z
An offence under section 29 of that Act (engaging in penetrative sexual activity with or towards an
older child) if the offender (a) was 18 or over, or
(b) in respect of the offence, is or has been (i) sentenced to a term of imprisonment, or
(ii) admitted to a hospital.
59ZA
An offence under section 30 of that Act (engaging in sexual activity with or towards an older child) if
the offender (a) was 18 or over, or
(b) in respect of the offence, is or has been (i) sentenced to a term of imprisonment, or
(ii) admitted to a hospital.
59ZB
An offence under section 31 of that Act (causing an older child to participate in a sexual activity) if
the offender (a) was 18 or over, or
(b) in respect of the offence, is or has been (i) sentenced to a term of imprisonment, or
(ii) admitted to a hospital.
162
59ZC
An offence under section 32 of that Act (causing an older child to be present during a sexual activity)
if the offender (a) was 18 or over, or
(b) in respect of the offence, is or has been (i) sentenced to a term of imprisonment, or
(ii) admitted to a hospital.
59ZD
An offence under section 33 of that Act (causing an older child to look at a sexual image) if the
offender (a) was 18 or over, or
(b) in respect of the offence, is or has been (i) sentenced to a term of imprisonment, or
(ii) admitted to a hospital.
59ZE
An offence under section 34(1) of that Act (communicating indecently with an older child) if the
offender (a) was 18 or over, or
(b) in respect of the offence, is or has been (i) sentenced to a term of imprisonment, or
(ii) admitted to a hospital.
59ZF
An offence under section 34(2) of that Act (causing an older child to see or hear an indecent
communication) if the offender (a) was 18 or over, or
(b) in respect of the offence, is or has been (i) sentenced to a term of imprisonment, or
(ii) admitted to a hospital.
59ZG
An offence under section 35 of that Act (sexual exposure to an older child) if the offender (a) was 18 or over, or
(b) in respect of the offence, is or has been (i) sentenced to a term of imprisonment, or
(ii) admitted to a hospital.
59ZH
An offence under section 36 of that Act (voyeurism towards an older child) if the offender (a) was 18 or over, or
(b) in respect of the offence, is or has been (i) sentenced to a term of imprisonment, or
(ii) admitted to a hospital.
59ZI
An offence under section 37(1) of that Act (engaging while an older child in sexual conduct with or
towards another older child) if, in respect of the offence, the offender is or has been (a) sentenced to a term of imprisonment, or
(b) admitted to a hospital.
59ZJ
An offence under section 37(4) of that Act (engaging while an older child in consensual sexual
conduct with another older child) if, in respect of the offence, the offender is or has been (a) sentenced to a term of imprisonment, or
(b) admitted to a hospital.
59ZK
An offence under section 42 of that Act (sexual abuse of trust) where (either or both) (a) the offender is 20 or over,
(b) the condition set out in section 43(6) of that Act is fulfilled.
59ZL
An offence under section 46 of that Act (sexual abuse of trust of a mentally disordered person).
60 An offence in Scotland other than is mentioned in paragraphs 36 to 59 if the court, in imposing sentence
or otherwise disposing of the case, determines for the purposes of this paragraph that there was a
significant sexual aspect to the offender's behaviour in committing the offence.
163
Northern Ireland
61 Rape.
62 An offence under section 52 of the Offences against the Person Act 1861 (c. 100) (indecent assault upon
a female) if (a) where the offender was under 18, he is or has been sentenced, in respect of the offence, to
imprisonment for a term of at least 12 months;
(b) in any other case (i) the victim was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been (a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 12 months.
63 An offence under section 53 or 54 of that Act (abduction of woman by force for unlawful sexual intercourse)
if the offender (a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
64 An offence under section 61 of that Act (buggery) if (a) the offender was 20 or over, and
(b) the victim or (as the case may be) other party was under 18.
65 An offence under section 62 of that Act of assault with intent to commit buggery if the victim or (as the
case may be) other party was under 18, and the offender (a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
66 An offence under section 62 of that Act of indecent assault upon a male person if (a) where the offender was under 18, he is or has been sentenced, in respect of the offence, to
imprisonment for a term of at least 12 months;
(b) in any other case (i) the victim was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been (a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 12 months.
67 An offence under section 2 of the Criminal Law Amendment Act 1885 (procuration) if the offender (a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
68 An offence under section 3 of that Act (procuring defilement of woman by threats or fraud, etc.) if the
offender (a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
69 An offence under section 4 of that Act (unlawful carnal knowledge of a girl under 14) if the offender (a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
70 An offence under section 5 of that Act (unlawful carnal knowledge of a girl under 17), if the offender was
20 or over.
71 An offence under section 7 of that Act (abduction of girl under 18) if the offender (a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
72 An offence under section 11 of that Act (homosexual offences) if (a) the offender was 20 or over, and
(b) the victim or (as the case may be) other party was under 18.
164
73 An offence under section 1 of the Punishment of Incest Act 1908 (incest by males), if (a) where the offender was under 18, he is or has been sentenced in respect of the offence to
imprisonment for a term of at least 12 months;
(b) in any other case (i) the victim or (as the case may be) other party was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been (a) sentenced to a term of imprisonment, or
(b) detained in a hospital.
74 An offence under section 2 of that Act (incest by females), if (a) where the offender was under 18, he is or has been sentenced in respect of the offence to
imprisonment for a term of at least 12 months;
(b) in any other case (i) the victim or (as the case may be) other party was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been (a) sentenced to a term of imprisonment, or
(b) detained in a hospital.
75 An offence under section 21 of the Children and Young Persons Act (Northern Ireland) 1968 (causing or
encouraging seduction or prostitution of a girl under 17) if the offender (a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
76 An offence under section 22 of that Act (indecent conduct towards a child) if the offender (a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
77 An offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (indecent
photographs of children) if the offender (a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
78 An offence under section 170 of the Customs and Excise Management Act 1979 (penalty for fraudulent
evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs
Consolidation Act 1876 (indecent or obscene articles), if the prohibited goods included indecent
photographs of persons under 16, and the offender (a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
79 An offence under Article 9 of the Criminal Justice (Northern Ireland) Order 1980 (inciting girl under 16 to
have incestuous sexual intercourse) if the offender (a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
80 An offence under Article 122 of the Mental Health (Northern Ireland) Order 1986 (offences against women
suffering from severe mental handicap).
81 An offence under Article 123 of that Order (offences against patients) if (a) where the offender was under 18, he is or has been sentenced in respect of the offence to
imprisonment for a term of at least 12 months;
(b) in any other case, the offender, in respect of the offence or finding, is or has been (i) sentenced to a term of imprisonment,
(ii) detained in a hospital, or
(iii) made the subject of a community sentence of at least 12 months.
82 An offence under Article 15 of the Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988
(possession of indecent photographs of children) if the offender (a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
83 An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of position of trust), if
the offender, in respect of the offence or finding, is or has been 165
(a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 12 months.
84 An offence under Article 19 of the Criminal Justice (Northern Ireland) Order 2003 (buggery) if (a) the offender was 20 or over, and
(b) the victim or (as the case may be) other party was under 17.
85 An offence under Article 20 of that Order (assault with intent to commit buggery) if the victim was under
18 and the offender (a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
86 An offence under Article 21 of that Order (indecent assault upon a male) if (a) where the offender was under 18, he is or has been sentenced, in respect of the offence, to
imprisonment for a term of at least 12 months;
(b) in any other case (i) the victim was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been (a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 12 months.
87 An offence under section 15 of this Act (meeting a child following sexual grooming etc.).
88 An offence under any of sections 16 to 19 of this Act (abuse of trust) if the offender, in respect of the
offence or finding, is or has been (a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 12 months.
89 An offence under section 47 of this Act (paying for sexual services of a child) if the victim or (as the case
may be) other party was under 17 and the offender (a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to a term of imprisonment of at least 12 months.
89A
An offence under section 48 of this Act (causing or inciting child prostitution or pornography) if the
offender (a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12
months.
89B
An offence under section 49 of this Act (controlling a child prostitute or a child involved in
pornography) if the offender (a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12
months.
89C
An offence under section 50 of this Act (arranging or facilitating child prostitution or pornography) if
the offender (a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
90 An offence under section 66 of this Act (exposure) if (a) where the offender was under 18, he is or has been sentenced in respect of the offence to
imprisonment for a term of at least 12 months;
(b) in any other case (i) the victim was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been (a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 12 months.
166
91 An offence under section 67 of this Act (voyeurism) if (a) where the offender was under 18, he is or has been sentenced in respect of the offence to
imprisonment for a term of at least 12 months;
(b) in any other case (i) the victim was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been (a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 12 months.
92 An offence under section 69 or 70 of this Act (intercourse with an animal, sexual penetration of a corpse)
if (a) where the offender was under 18, he is or has been sentenced in respect of the offence to
imprisonment for a term of at least 12 months;
(b) in any other case, the offender, in respect of the offence or finding, is or has been (i) sentenced to a term of imprisonment, or
(ii) detained in a hospital.
92A
An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of
extreme pornographic images) if the offender (a) was 18 or over, and
(b) is sentenced in respect of the offence to imprisonment for a term of at least 2 years.
92B
An offence under Article 5 or 6 of the Sexual Offences (Northern Ireland) Order 2008 (rape, assault
by penetration).
92C
An offence under Article 7 of that Order (sexual assault) if (a) where the offender was under 18, he is or has been sentenced in respect of the offence to
imprisonment for a term of at least 12 months;
(b) in any other case (i) the victim was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been (aa)sentenced to a term of imprisonment,
(bb)detained in a hospital, or
(cc) made the subject of a community sentence of at least 12 months.
92D
An offence under Article 8, 12 or 13 of that Order (causing sexual activity without consent, rape of a
child under 13, assault of a child under 13 by penetration).
92E
An offence under Article 14 of that Order (sexual assault of a child under 13) if the offender (a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12
months.
92F
An offence under any of Articles 15 to 19 of that Order (causing or inciting a child under 13 to
engage in sexual activity, sexual offences against children committed by adults).
92G
An offence under Article 20 of that Order (sexual offences against children committed by children or
young persons), if the offender is or has been sentenced in respect of the offence to imprisonment
for a term of at least 12 months.
92H
An offence under Article 21 of that Order (arranging or facilitating the commission of a sexual
offence against a child) if the offender (a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12
months.
92I
An offence under Article 22 of that Order (meeting a child following sexual grooming etc).
92J
An offence under any of Articles 23 to 26 of that Order (abuse of a position of trust) if the offender, in
respect of the offence, is or has been (a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
167
(c) made the subject of a community sentence of at least 12 months.
92K
An offence under Article 32 or 33 of that Order (familial sexual offences against children) if the
offender (a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12
months.
92L
An offence under Article 37 (paying for sexual services of a child) if the victim or (as the case may
be) other party was under 16, and the offender (a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12
months.
92M
An offence under Article 38 (causing or inciting child prostitution or pornography) if the offender (a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12
months.
92N
An offence under Article 39 (controlling a child prostitute or a child involved in pornography) if the
offender (a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12
months.
92O
An offence under Article 40 (arranging or facilitating child prostitution or pornography) if the offender (a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12
months.
92P
An offence under any of Articles 43 to 50 of that Order (offences against persons with a mental
disorder impeding choice, inducements etc. to persons with mental disorder).
92Q
An offence under any of Articles 51 to 54 of that Order (care workers for persons with mental
disorder) if (a) where the offender was under 18, he is or has been sentenced in respect of the offence to
imprisonment for a term of at least 12 months;
(b) in any other case, the offender, in respect of the offence or finding, is or has been (i) sentenced to a term of imprisonment,
(ii) detained in a hospital, or
(iii) made the subject of a community sentence of at least 12 months.
92R
An offence under Article 65 of that Order (administering a substance with intent).
92S
An offence under Article 66 or 67 of that Order (committing an offence or trespassing, with intent to
commit a sexual offence) if (a) where the offender was under 18, he is or has been sentenced in respect of the offence to
imprisonment for a term of at least 12 months;
(b) in any other case (i) the intended offence was an offence against a person under 18, or
(ii) the offender, in respect of the offence or finding, is or has been (aa) sentenced to a term of imprisonment,
(bb) detained in a hospital, or
(cc) made the subject of a community sentence of at least 12 months.
92T
An offence under Article 68 or 69 of that Order (sex with an adult relative) if (a) where the offender was under 18, he is or has been sentenced in respect of the offence to
imprisonment for a term of at least 12 months;
(b) in any other case, the offender, in respect of the offence or finding, is or has been (i) sentenced to a term of imprisonment, or
(ii) detained in a hospital.
92U
An offence under Article 70 of that Order (exposure) if 168
(a) where the offender was under 18, he is or has been sentenced in respect of the offence to
imprisonment for a term of at least 12 months;
(b) in any other case (i) the victim was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been (aa) sentenced to a term of imprisonment,
(bb) detained in a hospital, or
(cc) made the subject of a community sentence of at least 12 months.
92V
An offence under Article 71 of that Order (voyeurism) if (a) where the offender was under 18, he is or has been sentenced in respect of the offence to
imprisonment for a term of at least 12 months;
(b) in any other case (i) the victim was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been (aa) sentenced to a term of imprisonment,
(bb) detained in a hospital, or
(cc) made the subject of a community sentence of at least 12 months.
92W
An offence under Article 73 or 74 of that Order (intercourse with an animal, penetration of a corpse)
if (a) where the offender was under 18, he is or has been sentenced in respect of the offence to
imprisonment for a term of at least 12 months;
(b) in any other case, the offender, in respect of the offence or finding, is or has been (i) sentenced to a term of imprisonment, or
(ii) detained in a hospital.
92X
An offence under section 62(1) of the Coroners and Justice Act 2009 (possession of prohibited
images of children) if the offender (a) was 18 or over, and
(b)
is sentenced in respect of the offence to imprisonment for a term of at least 2 years.
92Y
An offence under section 69 of the Serious Crime Act 2015 (possession of paedophile manual) if the
offender (a) was 18 or over, or
(b) is sentences in respect of the offence to imprisonment for a term of at least 12 months.
Service offences
93 (1)
(a)
(b)
(c)
An offence under section 70 of the Army Act 1955,
section 70 of the Air Force Act 1955, or
section 42 of the Naval Discipline Act 1957,
of which the corresponding civil offence (within the meaning of that Act) is an offence listed in any of
paragraphs 1 to 35.
(2) A reference in any of those paragraphs to being made the subject of a community sentence of at least
12 months is to be read, in relation to an offence under an enactment referred to in sub-paragraph
(1), as a reference to being sentenced to a term of service detention of at least 112 days.
(3) In sub-paragraph (2), the reference to detention is to detention awarded under section 71(1)(e) of the
Army Act 1955 or Air Force Act 1955 or section 43(1)(e) of the Naval Discipline Act 1957.
93A(1) An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding
offence under the law of England and Wales (within the meaning given by that section) is an offence
listed in any of paragraphs 1 to 35B.
(2) A reference in any of those paragraphs to being made the subject of a community sentence of at
least 12 months is to be read, in relation to an offence under that section, as a reference to (a) being made the subject of a service community order or overseas community order under the
Armed Forces Act 2006 of at least 12 months; or
(b) being sentenced to a term of service detention of at least 112 days.
169
(3) Section 48 of that Act (attempts, conspiracy, encouragement and assistance and aiding and abetting
outside England and Wales) applies for the purposes of this paragraph as if the reference in
subsection (3)(b) to any of the following provisions of that Act were a reference to this paragraph.
General
94 A reference in a preceding paragraph to an offence includes (a) a reference to an attempt, conspiracy or incitement to commit that offence, and
(b) except in paragraphs 36 to 43, a reference to aiding, abetting, counselling or procuring the commission
of that offence.
94A A reference in a preceding paragraph to an offence (“offence A”) includes a reference to an offence under
Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the
offences) which the person intended or believed would be committed.
95 A reference in a preceding paragraph to a person's age is (a) in the case of an indecent photograph, a reference to the person's age when the photograph was
taken;
(b) in any other case, a reference to his age at the time of the offence.
96 In this Schedule "community sentence" has (a) in relation to England and Wales, the same meaning as in the Powers of Criminal Courts (Sentencing)
Act 2000, and
(b) in relation to Northern Ireland, the same meaning as in the Criminal Justice (Northern Ireland) Order
1996.
97 For the purposes of paragraphs 14, 44 and 78 (a) a person is to be taken to have been under 16 at any time if it appears from the evidence as a whole
that he was under that age at that time;
(b) section 7 of the Protection of Children Act 1978 (interpretation), subsections (2) to (2C) and (8) of
section 52 of the Civic Government (Scotland) Act 1982, and Article 2(2) and (3) of the Protection of
Children (Northern Ireland) Order 1978 (interpretation) (respectively) apply as each provision applies
for the purposes of the Act or Order of which it forms part.
98 A determination under paragraph 60 constitutes part of a person's sentence, within the meaning of the
Criminal Procedure (Scotland) Act 1995, for the purposes of any appeal or review.
170
Chapter 7
Annex B
Sexual offender registration - sentencing & age thresholds
This table sets out the thresholds that must be met in order for an offender to be subject to sex offender registration. It is a general reference guide only; please
consult the Sexual Offences Act 2003 directly in order to inform operational decisions.
Paragraph numbers in the second column refer to Schedule 3 to that Act, as updated by other legislation. Where an age is stated (offender or victim) it always
refers to the age at the time the offence was committed.
Convicted, cautioned, final-warned or reprimanded for
these offences
Paragraph
number
Automatic
registration
(no
thresholds)
unless
specified
otherwise
Offender 18 or
over and
victim under 18
unless
specified
otherwise
Offender 18 or over and sentenced
to
Offender under 18
and sentenced to
Imprisonment
or hospital
order
12 months or
more community
sentence
12 months or more
imprisonment



Offences under the Sexual Offences Act 2003
Rape
Assault by penetration
Sexual assault
Causing person to engage in sexual activity without
consent
Rape of a child under 13
Assault of a child under 13 by penetration
Sexual assault of a child under 13
Causing /Inciting child under 13 to engage in sexual activity
Sexual activity with a child
Causing /inciting a child to engage in sexual activity
Engaging in sexual activity in the presence of a child
17
17
18
19


19
19
20
21
21
21
21









171

Causing a child to watch a sexual act
Child sex offences committed by children & young persons
Arranging/facilitating commission of a child sex offence
Meeting a child following sexual grooming
Sexual communication with a child
Abuse of position of trust offences
* ages immaterial - sentence is the only threshold factor
Sexual activity with a child family member
Inciting a child family member to engage in sexual activity
Offences against persons with a mental disorder
Care worker offences
Paying for the sexual services of a child
* only if victim was under 16
Other sexual exploitation of children offences
Administering a substance with intent
Committing an offence with intent to commit a sexual
offence
Trespass with intent to commit a sexual offence
Sex with an adult relative: penetration
Sex with an adult relative: consenting to penetration
Exposure
Voyeurism
Intercourse with an animal
Sexual penetration of a corpse
21
22
23
24
24A
25

Offender under 18 and sentenced to 12 months or more imprisonment **




*
*


26
26
27
28
29

29A-29C
30
31




31
32
32
33
34
35
35
*


*


























Offences from other sources
Rape
Intercourse with girl under 13
Intercourse with girl under 16
* only if offender was over 20
Incest by a man
* only if offender was under 18
Buggery
* only if offender was 20 or over and victim under 18
Indecency between men
* only if offender was 20 or over and victim under 18
Indecent assault on a woman
1
2
3


*
4
*
5
*
6
*
7
Victim under 18 or offender sentenced to at least 30 months imprisonment or is subject to
a restriction order **
172
Indecent assault on a man
8
Assault with intent to commit buggery
* only if the victim was under 18
Causing or encouraging the prostitution of, intercourse with
or indecent assault on girl under 16
Indecent conduct towards young child
Inciting girl under 16 to have incestuous sexual intercourse
Indecent photographs of children
9
Victim under 18 or offender sentenced to at least 30 months imprisonment or is subject to
a restriction order **
*
10

11
12
13


CEMA 1979 Goods prohibited to be imported - indecent or
obscene articles
14
Possession of indecent photograph of a child
15
Abuse of position of trust
* only if offender was over 20
Sexual communication with a child
Possession of extreme pornographic images
* sentenced to at least 2 years
Possession of prohibited images of children
* sentenced to at least 2 years
Possession of paedophile manual
16
24A
35A
Victim in the indecent photograph(s) must be under 16.
Conviction before commencement of Part or offender 18 or over or sentenced to 12
months’ imprisonment or more
Victim in the indecent photograph(s) must be under 16.
Conviction before commencement of Part or offender 18 or over or sentenced to 12
months’ imprisonment or more
Victim in the indecent photograph(s) must be under 16.
Conviction before commencement of Part or offender 18 or over or sentenced to 12
months’ imprisonment or more
*

*
*
35B
Offender over 18 or sentenced to 12 months imprisonment **
35C
** or the conviction, finding or caution was before1 May 2004.
173
Chapter 7
Annex C
Changes to legislation notice
Copy the whole of this form onto a blank document for use, update the reference to Regulations 22, and delete
this red text and the title before printing.
HM PRISON SERVICE
SEXUAL OFFENCES ACT 2003 (REMEDIAL) ORDER 2012
SEXUAL OFFENCES ACT 2003 (NOTIFICATION REQUIREMENTS) (ENGLAND & WALES)
REGULATIONS 2012
SEXUAL OFFENDERS WHO NEED TO REGISTER WITH THE POLICE
This notice contains a summary of the changes to the notification requirements with which you must comply.
It is not a complete statement of the law. If you need further explanation or advice, you should consult a
solicitor. It is important that you are aware that all notifications have to be made in person at a police station.
You must notify at a prescribed police station within the local area into which you are released. A list of
prescribed stations can be found in the Sexual Offences Act 2003 (Prescribed Police Stations) (No. 2)
Regulations 2015.
There are a number of amendments to the scheme for registration of sexual offenders. These changes are
the result of the Sexual Offences Act 2003 (Remedial) Order 2012, which amends the Sexual Offences Act
2003, and the Sexual Offences Act 2003 (Notification Requirements) (England & Wales) Regulations 2012.
Sexual Offences Act 2003 (Remedial) Order 2012
Offenders subject to notification requirements for an indefinite period will have the opportunity to apply for the
requirement to be reviewed. In most cases this will mean fifteen years following release from custody (eight
years if the offender is under eighteen on the date of first registration). The fifteen years is calculated from the
date of the first notification post release so if there is a delay for any reason the fifteen years will not start to
run until the first notification is made.
The review process is triggered by making an application to the police in your area. The review is police-led
and they will take into account a range of factors, including relevant risk information from agencies involved in
the Multi-Agency Public Protection Arrangements (MAPPA), before making a decision. In order to qualify for
the review you must not be subject to a Sexual Offences Prevention Order (SOPO), Sexual Harm Prevention
Order (SHPO) or an interim SHPO at the time of making an application.
The Remedial Order came into effect on 30 July 2012.
Sexual Offences Act 2003 (Notification Requirements) (England & Wales) Regulations 2012
22
These Regulations are updated periodically and each revision cancels the previous version. Please check the title
of the current version and amend the first paragraph as necessary.
174
The Regulations 2012 came into force on 13 August 2012. It is important that you are aware of the changes
to your notification requirements.
Foreign travel
If you intend to travel abroad you must notify the police at least seven days before departure. In cases
where travel is required at short notice you must still notify the police at least 12 hours before departure.
Where you have given notice of your intention to leave the UK and not given details of your return, you must
report your return to the police at a prescribed police station within three days of arriving back to the UK.
Passport, credit card and bank account details
You must notify the police of your name as it appears in your passport or other identification document, your
passport number or issue number of your identity document and what type of document that is, and details
of all bank accounts and credit card accounts to which you have access.
Registered as ‘no fixed abode’
You must attend a police station and notify police every week if you are registered as having ‘no fixed
abode’.
Living with a child
You must notify police if you are living / staying in the same house for 12 hours or more as a person who
has not yet reached the age of 18 also resides / stays.
IF YOU DO NOT COMPLY WITH THESE REQUIREMENTS YOU ARE LIABLE TO BE ARRESTED AND
COULD FACE UP TO FIVE YEARS’ IMPRISONMENT, OR A FINE, OR BOTH
175
Chapter 7
Annex D
Sexual offender registration notice
Copy the whole of this form onto a blank document for use, and delete this red text and the title before
printing.
HM PRISON SERVICE
SEXUAL OFFENCES ACT 2003, PART 2
SEXUAL OFFENDER’S REGISTRATION REQUIREMENT
This notice contains a summary of the registration requirements with which you must comply. It is not a
complete statement of the law. If you need further explanation or advice, you should consult a solicitor. It is
important that you are aware that all notifications have to be made in person at a prescribed police station.
Notification on release from imprisonment
Your initial notification must be made at a police station in your local police area, within three days of your
release from imprisonment, beginning from your day of release. If you have already made an initial notification
to the police (because you were subject to these requirements before entering prison), you must still notify the
police, even if the details you originally notified have not changed, with three days of your release.
Changes to your notified details
You must notify the police of any change to your notified details (such as your name, any new aliases, or your
home address) within three days of making such a change.
Staying at another address for seven days or more
You must notify police if you stay at any other address for a total of seven days or more. This includes any
address or addresses at which you have spent two or more periods in any 12 months that add up to seven
days or more. You must notify the police of this within three days of the seven-day period ending.
Advance notification of changes
It is possible to notify the police of changes to your notified details in advance. If you do this, you will have to
inform the police of the date you expect the changes to happen.
If you make an advance notification and the change then happens more than two days earlier than the
expected date, you must make a fresh notification to the police. If you make an advance notification and the
change has not happened within three days of the expected date, you must, within six days of that date,
notify the police that the change has not happened. You must then continue to comply with the requirement
to notify changes in your details.
National Insurance number
All registered sexual offenders who are notifying their details to the police must provide their National
Insurance number.
176
Annual notification
At least once every 12 months, you must confirm to the police that your notified details are correct, even if
they have not changed. The 12-month period begins on the date you last notified your details (or changes to
your details) to the police. If you are unable to confirm your details because you are out of the UK, in prison,
or detained in hospital, you must do so within three days of your return / release.
Fingerprints and photographs
The police may take your photograph and your fingerprints when you first notify them of your details, when
you notify them of any changes to your details, and when you make your annual notification.
Foreign travel
If you intend to travel abroad you must notify the police at least seven days before departure if you have the
necessary information. In cases where travel is required at short notice, you must still notify the police 12
hours before departure. Where you have given notice of your intention to leave the UK and have not given
details of your return, you must report your return to the police within three days of arriving back in the UK.
Passport, credit card and bank account details
You must notify the police of your name as it appears in your passport or other identification document, your
passport number or issue number of your identity document and what type of document that is and details of
all bank accounts and credit card accounts to which you have access.
Registered as “no fixed abode”
You must attend a police station and notify police every week if you are registered as having “no fixed abode”.
Living with a child
You must notify the police when living / staying at a relevant household for a period of 12 hours or more where
a child under 18 also resides / stays.
IF YOU DO NOT COMPLY WITH THESE REQUIREMENTS YOU ARE LIABLE TO BE ARRESTED
AND COULD FACE UP TO FIVE YEARS’ IMPRISONMENT, OR A FINE, OR BOTH
177
How long you must do this for
On the basis of your sentence, we calculate that you must continue to notify your details to the police for the
period shown in the box below. We suggest you confirm this with the police when you make your initial
notification. It is your responsibility to check this if you are not certain.
If the offender was over 18 when convicted or cautioned - tick whichever box applies
Indefinitely
For 10 years
For 7 years
For 5 years
For 2 years
Conditional discharge *
*If the offender received a conditional discharge specify the duration
If the offender under 18 when convicted or cautioned - tick whichever box applies
Indefinitely
For 5 years
For 3½ years
For 2½ years
For 1 year
Conditional discharge *
* If the offender received a conditional discharge specify the duration
I acknowledge that I have had this notice explained to me during discharge procedures and I confirm
that I fully understand the notification requirements that apply to me.
Offender’s full name (print)
Prison number
Offender’s signature
Date
Staff member’s signature
178
Chapter 7
Annex E
Notification of release
Copy this form onto a blank document for use, replace sections marked in red, and delete this red text and
the title before printing.
Sexual Offences Act 2003
To
From
The Chief Constable
[insert name of force]
[insert name of establishment]
I am writing to inform you that [insert offender’s full name and DOB], whose details are below, will be
released from prison on [insert date] to the address set out below. He/she [delete as appropriate] is
subject to sexual offender registration requirements under the 2003 Act.
Offence(s)
Sentence(s)
Sentencing court
Date sentenced
CRO number
ViSOR number
The prisoner has been reminded of his/her [delete as appropriate] registration requirements - a copy of
this reminder has been attached to this notice.
Discharge address
Full name (print)
Email and telephone
contact
Department
Signature
Date
179
Chapter 8
TERRORIST NOTIFICATION REQUIREMENTS
1
INTRODUCTION
This chapter provides information and guidance on how establishments must deal with prisoners who are
subject to terrorist notification requirements. These arrangements may apply both during custody and on
release.
The notification scheme applies, broadly speaking, to anyone over 16 who has been convicted of certain types
of offices and received a sentence of 12 months or more. Offenders are told of their notification requirements
on conviction but they have to be reminded of them on release, and establishments need to be alert to the
possibility that they may have changed between reception and release.
2
NOTIFICATION REQUIREMENTS
2.1
Overview
Part 4 of the Counter-Terrorism Act 2008 and regulations made under it impose requirements for up to 30
years, depending on the offender’s age at conviction and on the length and type of sentence.
The
requirements are to:

register in person at a police station in the area where they live, within three days of release23, in order
to provide relevant personal details (including name, address, date of birth and National Insurance
number), and to submit to being photographed and fingerprinted;

notify the police in person of any changes to their details, within three days;

notify the police in person, again within three days, if they have stayed for a total of seven days or
more within any 12-month period at any address or addresses that they have not notified to the police;

notify the police of any intended foreign travel of three days or more, at least seven days before
departure; and

renew their notification at least once a year.
The offences and sentences that trigger these requirements are set out in sections 41 to 45 of the Act and
Schedule 2 to it. Details are given at Annex A, but in summary they are:

terrorist offences - a number of offences under the Terrorism Act 2000, the Anti-Terrorism, Crime &
Security Act 2001, and the Terrorism Act 2006, to do with (among other things) directing, preparing
and training for terrorism, and membership of proscribed organisations; and
23
The 2008 Act requires notification within three days beginning with the day on which a prisoner is released. How
this three day period should be calculated is not set out in the Act. If the prisoner asks when the period runs out,
the best response is to advise them to consult their lawyer. Only if pressed should prison staff go further. Prisoners
should not be told anything that could inadvertently lead to their registering late. Thus, the safest interpretation is
that the period expires at the end of the second day after the day on which they are released. For example, if
released on Monday, they will need to register before the end of Wednesday; and if released on Friday, they will
need to register before the end of Sunday. Other periods specified in the Act should be treated the same.
180

offences where a terrorist connection has to be considered - a wide range of common-law offences
(such as murder and manslaughter) and statutory offences (such as causing explosions, hijacking,
and hostage-taking).
Section 43 of the Act covers offences for which prisoners were sentenced before it came into force (in October
2009). This section will not now have any effect, as all such prisoners will have had appropriate notification
requirements applied to them. Anyone freshly convicted of a triggering offence, even if they are already a
serving prisoner, or if the offence was committed before October 2009, will come under the other sections.
2.2
General practice for notification requirements
Any offender to whom the notification requirements apply will be told of this fact by the court when passing
sentence. A Court Conviction Notice will be included with the paperwork sent by the court and recorded on
the Person Escort Record. An example is at Annex B (not all court notices will look exactly like this). This
Notice must be kept with the prisoner’s core record. The requirements can be assumed to apply unchanged
unless something material changes (see 3.2 below).
2.3
Release and transfer
All terrorist offenders are managed under MAPPA and will therefore be the subject of extensive preparation
and planning for release. As part of this, the relevant police force and NPS division will remind the prisoner
of the notification requirements at the same time as their licence conditions are explained to them. The prison
is then responsible for reminding the prisoner again when they are released from custody. The precise time
when this is done will vary from prison to prison. At prisons with discharge boards, the best time is at the
board; at others, it will have to be done at discharge, by reception staff.
Where the offender is to be released on temporary licence, the prison has lead responsibility for explaining
notification requirements.
In all cases the member of staff must give the prisoner a copy of the Notice to Prisoner form (Annex C) and
explain it to him/her verbally. Translations must be provided where necessary. The member of staff and the
prisoner must both sign and date the form at the bottom. If for any reason the prisoner refuses to sign the
form, the member of staff must note this at the end. A copy of the form must be placed on the prisoner’s core
record. Copies must also be sent to the Chief Constable of the area to which the prisoner is being discharged,
and to the offender manager who will be supervising the offender. If it is not clear to which area the prisoner
is being discharged, which will be rare (see the FAQ at part 4 below), the police copy must be sent to the Chief
Constable of the area where the establishment is located. The prison must update ViSOR as well as the
prisoner’s core record. However, if for any reason this is not done, covering notes with details of the prisoner’s
background must be sent with the police and probation copies of the forms. These are provided at Annex D.
If the prisoner has already been given a Court Conviction Notice, it will be on the prisoner’s core record and a
copy must be given to the prisoner. If it has different requirements from the Notice to Prisoner (see 3.2 below),
the member of staff must explain that the notification requirements have changed and that the newer form is
the correct one.
181
If an offender subject to notification requirements is transferred to another prison, a hospital or local authority
secure accommodation from which they could be discharged from custody, the Court Conviction Notice must
be transferred with them.
The prison does not have to make any appointments or other arrangements for offenders to notify the police
under these requirements (with one exception - see part 3.1 below). In most cases the police or the offender
manager will have done this.
2.4
Calculating the notification period
The notification period begins when an offender is dealt with for the offence(s) in question. However,
notification requirements apply only while an offender is in the community. Time spent on remand, serving a
sentence of imprisonment or detention (whether in the UK or abroad), detained in hospital or detained under
immigration legislation, does not count towards the expiry of a notification period. This means that, for practical
purposes, a prisoner’s notification period starts on his release. In addition, if the prisoner is jailed again later,
the notification period is suspended for the duration of his imprisonment.
The notification period depends on the sentence received and on the prisoner’s age at conviction. The details
can be found under section 53 of the Act but, in summary:
Offenders aged 18 or over at conviction
Sentence (imprisonment or detention)
Notification period
10 years or longer (including life and indeterminate sentences)
30 years
5 years or more, but less than 10 years
15 years
12 months or more, but less than 5 years
10 years
Hospital order
10 years
Offenders aged 16 or 17 at conviction
Sentence
Notification period
Any court disposal
2.5
10 years
Multiple sentences
If a prisoner is awarded consecutive sentences, they must be added together to determine the notification
period. If a prisoner is awarded concurrent sentences at the same time, the longer or longest must be used
to determine the notification period.
If a prisoner has qualifying sentences imposed on more than one occasion, they will be partly concurrent.
The notification period is then based on the combined length of the sentences, less the overlapping period.
For example, a prisoner receives a 6-year sentence for a first offence, and three years later receives an 8year for another offence. The combined length of the two is 14 years; the overlap is the remainder of the first
sentence, which is 3 years. This gives an effective sentence for notification purposes of 11 years. This will
change the notification period - for more on this, see part 3.2 below.
182
3
SPECIAL CASES
3.1
Immediate release from remand on conviction
A prisoner can, of course, be held on remand and then given a sentence that means he/she must be released
immediately, even if he/she has received a long enough sentence for notification requirements to apply. The
relevant police force and NPS division should be aware of this possibility in advance and should be ready to
deal with it. Close liaison with both by the prison, in the run-up to the trial, is essential for ensuring that the
prisoner receives the Notice to Prisoner on discharge. The prison should ensure that Special Branch /
Counter-Terrorism Unit have arranged a first notification appointment for the prisoner post-release.
3.2
Changes to notification requirements
Apart from fresh convictions, notification requirements can change in one of four ways on appeal:

the sentence is reduced or a conviction for a different offence is substituted, taking the sentence below
the 12-month threshold at which notification requirements apply;

the sentence is increased, or a conviction for a different offence is substituted, taking the sentence
beyond 12 months and making the notification requirements apply;

the sentence changes, and notification requirements apply both before and after the change; and

a conviction for a different offence is substituted, and notification requirements apply to both
convictions.
In the first of these, the effect is that the notification requirements have never applied. The offender does not
have to be given a Notice to Prisoner on discharge.
In the second case, the effect is that the notification requirement does now apply, and applies from the point
where the change occurred.
In the third and fourth cases, the notification period may change. If it does, it is treated as starting at the
original decision, not the point where the change occurred.
Examples

a person is originally sentenced to 15 months, which means they will have to notify the police for 10
years after release. They appeal and the sentence is reduced to 11 months. This means that they
will not have to notify the police at all after release.

a person is originally sentenced to 10 months, which means that they will not have to notify the police
on release. The sentence is reviewed for being too lenient and is increased to 2 years. This means
they will have to notify the police after release, for 10 years. The notification period starts at the point
the court increased the sentence.

a person is originally sentenced to 11 years, which means they will have to notify the police for 30
years after release. They appeal and the sentence is reduced to 9 years. This means that they will
still have to notify the police after release, but for only 15 years. The notification period will still start
at the point of conviction.
In rare cases, someone may be subject to a hospital order at first, and later tried and convicted for the same
offence. They will be subject to notification requirements under the hospital order, but the conviction replaces
183
it. This means that their original notification period will come to an end and a new one will begin on the date
of conviction.
This is a complex area. If there is any doubt about how to calculate a notification period, legal advice should
be sought.
3.3
Civil orders
The Counter-Terrorism Act also makes provision for a civil order - the Notification Order - which ensures that
a person convicted abroad of a similar offence can be made subject to UK notification requirements as well.
These orders are granted by the High Court on application from a chief officer of police. If a prison receives
an offender from abroad who has a conviction for a terrorism offence, the Governor must inform the police in
the area where the prison is situated. They will then consider whether to apply for a Notification Order.
The Act also provides for a Foreign Travel Restriction Order, which can prevent an offender travelling to
specific countries or more generally.
Both orders must be explained to the qualifying offender on release with any original court documentation.
Copies of the orders should be maintained on file.
4
FREQUENTLY-ASKED QUESTIONS
Prisoners subject to notification requirements should have had the position explained to them upon conviction,
and again during their sentence as part of preparation for release. Nonetheless, they may still want advice
and guidance and cannot wait to speak to the offender manager. Some of the more common questions, and
follow-up advice, are dealt with here.
What happens if notification requirements aren’t explained to an offender by the court, or are
explained incorrectly?
Courts make every effort to explain notification requirements clearly to all affected offenders. However, if for
any reason this does not happen, it does not affect the position. The requirements apply automatically
following a qualifying conviction and neither the police nor the courts can remove them or change how they
apply to an offender.
What “home address” must be registered if the offender has no fixed abode?
Under section 60 of the Act, the definition of “home address” is:

the address of the person’s sole or main residence in the United Kingdom, or

where the person has no such residence, the address or location of a place in the United Kingdom
where the person can regularly be found. If there is more than one such place, the person must
choose one.
Examples of places where a person can regularly be found include a homeless shelter, a friend’s house, a
caravan, or a park bench. However, some locations are unlikely to be accepted as release addresses, and
offenders should be discouraged from nominating them.
184
Can a person provide more than one home address?
No. They can provide only one. If they have more than one, they must choose one, which (for release
purposes) will usually be their main residence.
However, under section 47 of the Act they must also notify to the police the address of any other address
where they regularly reside or stay. This means that, in effect, they must notify all their addresses to the
police, although they will still have to pick one as the home address.
Offenders should also be reminded that if they stay at any other address for a total of seven days in any 12month period, they must notify that address to the police as well.
What is my “local police area”?
It is the police area that covers the offender’s home address. If the offender has no current home address, it
is the police area that covered the offender’s last notified address. If there is no such address either, it is the
police area covering the court where the offender was convicted.
Does a person have to go to the same police station every time they need to update their details or
renew their notification?
No. The legislation stipulates only that they must make their notification(s) at a police station in their local
police area. However, the police may have limited processing facilities and may therefore ask offenders to
notify them only at selected police stations.
What happens if someone who poses a threat tells the police 24 hours before leaving that they are
going abroad?
If the police believe the offender poses a threat, it is likely that they will have applied for a Foreign Travel
Restriction Order. If they have not, and last-minute notification is given, they will probably use the information
to alert their counterparts in the other country.
185
Chapter 8
Annex A
1
Offences that trigger notification requirements
Counter-Terrorism Act 2008, section 41
Section 41(1) lists the terrorism offences that trigger the notification requirements:
(a) an offence under any of the following provisions of the Terrorism Act 2000 section 11 or 12 (offences relating to proscribed organisations),
sections 15 to 18 (offences relating to terrorist property),
section 38B (failure to disclose information about acts of terrorism),
section 54 (weapons training),
sections 56 to 61 (directing terrorism, possessing things and collecting information for the purposes
of terrorism and inciting terrorism outside the United Kingdom);
(b) an offence in respect of which there is jurisdiction by virtue of any of sections 62 to 63D of that Act
(extra-territorial jurisdiction in respect of certain offences committed outside the United Kingdom for
the purposes of terrorism etc);
(c) an offence under section 113 of the Anti-terrorism, Crime and Security Act 2001 (use of noxious
substances or things);
(d) an offence under any of the following provisions of Part 1 of the Terrorism Act 2006 sections 1 and 2 (encouragement of terrorism),
sections 5, 6 and 8 (preparation and training for terrorism),
sections 9, 10 and 11 (offences relating to radioactive devices and material and nuclear facilities);
(e) an offence in respect of which there is jurisdiction by virtue of section 17 of that Act (extra-territorial
jurisdiction in respect of certain offences committed outside the United Kingdom for the purposes of
terrorism etc).
Section 41(2) adds that any ancillary offence in relation to these offences will also trigger the notification
requirements.
Counter-Terrorism Act 2008, section 42 and Schedule 2
Section 42(1) sets out the basic conditions for offences having a terrorist connection to trigger the
notification requirements:
(a) an offence as to which a court has determined under section 30 (sentences for offences with a terrorist
connection: England and Wales) that the offence has a terrorist connection, and
(b) an offence in relation to which section 31 applies (sentences for offences with terrorist connection:
Scotland).
Schedule 2 then lists the offences where a terrorist connection must be considered, as required under section
30:
Common-law offences

Murder

Manslaughter

Culpable homicide

Kidnapping

Abduction
186
Statutory offences

An offence under any of the following sections of the Offences against the Person Act 1861 (a) section 4 (soliciting murder),
(b) section 23 (maliciously administering poison etc so as to endanger life or inflict grievous bodily
harm),
(c) section 28 (causing bodily injury by explosives),
(d) section 29 (using explosives etc with intent to do grievous bodily harm),
(e) section 30 (placing explosives with intent to do bodily injury),
(f) section 64 (making or having gunpowder etc with intent to commit or enable any person to
commit any felony mentioned in the Act).

An offence under any of the following sections of the Explosive Substances Act 1883 (a) section 2 (causing explosion likely to endanger life or property),
(b) section 3 (attempt to cause explosion or making or keeping explosive with intent to endanger life
or property),
(c) section 4 (making or possession of explosive under suspicious circumstances),
(d) section 5 (punishment of accessories).

An offence under section 1 of the Biological Weapons Act 1974 (restriction on development etc of
certain biological agents and toxins and of biological weapons).

An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).

An offence under any of the following sections of the Aviation Security Act 1982 (a) section 1 (hijacking),
(b) section 2 (destroying, damaging or endangering safety of aircraft),
(c) section 3 (other acts endangering or likely to endanger safety of aircraft),
(d) section 4 (offences in relation to certain dangerous articles),
(e) section 6(2) (inducing or assisting commission of offence under section 1, 2 or 3 outside the
United Kingdom).

An offence under any of the following sections of the Nuclear Material (Offences) Act 1983 (a) section 1B (offences relating to damage to the environment),
(b) section 1C (offences of importing or exporting etc nuclear materials: extended jurisdiction),
(c) section 2 (offences involving preparatory acts and threats), so far as relating to an offence
specified in this Schedule.

An offence under any of the following sections of the Aviation and Maritime Security Act 1990 (a) section 1 (endangering safety at aerodromes),
(b) section 9 (hijacking of ships),
(c) section 10 (seizing or exercising control of fixed platforms),
(d) section 11 (destroying ships or fixed platforms or endangering their safety),
(e) section 14(4) (inducing or assisting the commission of an offence outside the United Kingdom),
so far as relating to an offence under section 9 or 11 of that Act.

An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (offences against the safety of
channel tunnel trains and the tunnel system).

An offence under any of the following sections of the Chemical Weapons Act 1996 (a) section 2 (use etc of chemical weapons),
(b) section 11 (premises or equipment for producing chemical weapons).

An offence under any of the following sections of the Anti-Terrorism, Crime and Security Act 2001 (a) section 47 (use etc of nuclear weapons),
(b) section 114 (hoaxes involving noxious substances or things).
Ancillary offences
Any ancillary offence in relation to an offence specified in Schedule 2 to the 2008 Act.
187
2
Disposals that trigger notification requirements
Counter-Terrorism Act 2008, section 45
Section 45(1) lists the disposals, following conviction for an offence or offences listed above, that trigger the
notification requirements.
Sub-section (a) lists the applicable sentences:
(i) imprisonment or custody for life,
(ii) imprisonment or detention in a young offender institution for a term of 12 months or more,
(iii) imprisonment or detention in a young offender institution for public protection under section 225 of
the Criminal Justice Act 2003,
(iv) detention for life or for a period of 12 months or more under section 91 of the Powers of Criminal
Courts (Sentencing) Act 2000 (offenders under 18 convicted of certain serious offences),
(v) a detention and training order for a term of 12 months or more under section 100 of that Act
(offenders under age of 18),
(vi) detention for public protection under section 226 of the Criminal Justice Act 2003 (serious offences
committed by persons under 18), or
(vii) detention during Her Majesty's pleasure.
Sub-section (b) lists the other disposals:
(i) [the person has been] convicted of an [applicable] offence carrying a maximum term of
imprisonment of 12 months or more,
(ii) found not guilty by reason of insanity of such an offence, or
(iii) found to be under a disability and to have done the act charged against them in respect of such an
offence,
and has been made subject to a hospital order.
188
Chapter 8
Annex B
Sample Court Conviction Notice
Notice of requirement to notify details to the police
To the defendant named in the certificate on the reverse of this notice:
You have been dealt with in relation to an offence to which Part 4 of the Counter-Terrorism Act 2008 applies.
The details of the court’s decisions are set out in the Certificate of Conviction or Finding on the reverse of
this Notice. The court’s decisions mean that you must, by law, comply with the notification
requirements in Part 4 of the 2008 Act.
This Notice tell you about the notification requirements. This Notice is not a complete statement of the
law. If you need further explanation or advice, you should contact a solicitor.
The notification requirements
You must:

Report to a police station in your local police area to make an initial notification within the next 3
days, beginning today, unless you are in custody or detained in a hospital in which case you must do so
within 3 days of your release on licence (or release from hospital).
If you have already made an initial notification because of a previous conviction or finding under the
Counter-Terrorism Act 2008, then you do not need to make an initial notification again. However, you
must comply with all the other notification requirements.
You must give the police:

your name and any other names both on the date you were dealt with and the date you notify.

your date of birth.

your National Insurance number.

your home address (on the date you were dealt with and the date you notify). Your home address is
the address in the United Kingdom where you live permanently or, if you have no permanent home,
any place in the United Kingdom where you regularly live or stay.

the address of any other premises in the United Kingdom where you regularly reside or stay

Notify the police if you change your name or home address, within 3 days of the date of the change.

Notify the police of any address where you live or stay for 7 days or longer. This means either 7
days at a time, or a total of 7 days in any 12 month period. You must contact the police within 3 days
beginning on the seventh day you stay at the address.

Notify the police of your details every 12 months even if there is no change to those details.

If the police want to take your fingerprints and/or photograph you when you make a notification, you must
agree to that being done.

Notify the police of any plans to travel abroad for 3 or more days. The details of what you must
notify and when (both before and after travel) are found in the Counter-Terrorism Act 2008 (Foreign
Travel Notification Requirements) Regulations 2009.
189
How to notify the police
You must go in person to a police station in your local police area (unless you are making certain
notifications of foreign travel in which case you can use any police station). (Your ‘local police area’ is
defined in section 51 of the Act and usually means the police station nearest to your home address).
Take Notice that:

If you fail to comply with any of these requirements without a reasonable excuse, or knowingly give the
police false information, you may on conviction be sent to prison for up to 5 years, or pay a fine, or both.

The notification requirements apply to you from the date on which the Court dealt with you and apply for
a period of [30] [15] [10] years. This period does not include any time you are in custody or are otherwise
detained.

If you are taken into custody or detained in a hospital during the period when the notification
requirements apply to you: when you are released, you must notify the police within 3 days, beginning on
the day you are released. The notification period is suspended during any such time spent in custody or
detention.
190
In the Crown Court
at
Court Location Code
Case Number
.
Pre Trial Issues Unique Reference Number
Certificate of Conviction or Finding
Counter-Terrorism Act 2008
Name
Address
Date of birth
Date of conviction / finding
Convicting Court (if different)
Date of sentence (if different)
Offence(s)
Sentence(s) imposed
Ancillary orders
I certify that the above named defendant was, on the above date [convicted] [found not guilty by reason of insanity] [found to
be under a disability and to have done the act charged against the defendant] [and sentenced] [and made the subject of a
hospital order] such that the notification requirements provided for by Part 4 of the Counter-Terrorism Act 2008 apply.
An Officer of the Crown Court
Date
For immediate service: Police / HM Prison or HM Young Offender Institution / Hospital (if applicable) / Copy for the Defendant (to sign below)
Defendant’s signature
Date
191
Chapter 8
Annex C
Notice to prisoner
Copy this form onto a blank document for use, and delete this red text before printing.
HM PRISON SERVICE
COUNTER-TERRORISM ACT 2008, PART 4
TERRORIST OFFENDER’S REQUIREMENT TO NOTIFY THE POLICE
This notice contains a summary of the notification requirements with which you must comply. It is not a
complete statement of the law. If you need further explanation or advice, you should consult a solicitor. It is
important that you are aware that all notifications have to be made in person at a police station. The police in
the area where you will be released may prescribe which police stations can be used.
Notification on release from imprisonment
Your initial notification must be made at a police station in your local police area, within three days of your
release from imprisonment. If you have already made an initial notification to the police (because you were
subject to these requirements before entering prison), you must still notify the police, even if the details you
originally notified have not changed, with three days of your release.
Changes to your notified details
You must notify the police of any change to your notified details (such as your name, any new aliases, or your
home address) within three days of making such a change.
Staying at another address for seven days or more
You must notify police if you stay at any other address for a total of seven days or more. This includes any
address or addresses at which you have spent two or more periods in any 12 months that add up to seven
days or more. You must notify the police of this within three days of the seven-day period ending.
Advance notification of changes
It is possible to notify the police of changes to your notified details in advance. If you do this, you will have to
inform the police of the date you expect the changes to happen.
If you make an advance notification and the change then happens more than two days earlier than the
expected date, you must make a fresh notification to the police. If you make an advance notification and the
change has not happened within three days of the expected date, you must, within six days of that date,
notify the police that the change has not happened. You must then continue to comply with the requirement
to notify changes in your details.
National Insurance number
All terrorist offenders who are notifying their details to the police must provide their National Insurance number.
Annual notification
At least once every 12 months, you must confirm to the police that your notified details are correct, even if
they have not changed. The 12-month period begins on the date you last notified your details (or changes to
192
your details) to the police. If you are unable to confirm your details because you are out of the UK, in prison,
or detained in hospital, you must do so within three days of your return / release.
Fingerprints and photographs
The police may take your photograph and your fingerprints when you first notify them of your details, when
you notify them of any changes to your details, and when you make your annual notification.
Foreign travel
If you intend to travel abroad for three days or more, you must notify the police at least seven days before
departure if you have the necessary information. In cases where travel is required at short notice, you must
still notify the police 24 hours before departure. Where you have given notice of your intention to leave the
UK and have not given details of your return, you must report your return to the police within three days of
arriving back in the UK.
IF YOU DO NOT COMPLY WITH THESE REQUIREMENTS YOU ARE LIABLE TO BE ARRESTED
AND COULD FACE UP TO FIVE YEARS’ IMPRISONMENT, OR A FINE, OR BOTH.
How long you must do this for
On the basis of your sentence, we calculate that you must continue to notify your details to the police for the
period shown in the box below. We suggest you confirm this with the police when you make your initial
notification. It is your responsibility to check this if you are not certain.
Tick whichever box applies
For 10 years
For 15 years
For 30 years
I have read and explained the contents of this notice to the offender named in it.
Date notice issued
Issued by (print name)
Staff member’s signature
I acknowledge that I have had this notice explained to me and I confirm that I fully understand the
notification requirements that apply to me.
Offender’s full name (print)
Prison number
Offender’s signature
Date
Staff member’s signature
use where offender refuses to
sign
193
CRO / PNC number
Chapter 8
Annex D
Notice to prisoner - covering notes for police and probation
1
Full release version
Copy this form onto a blank document for use, and replace sections marked in red before printing.
Counter-Terrorism Act 2008, Part 4
To
From
The Chief Constable
[insert name of force]
[insert name of establishment]
and [where appropriate]
[insert name], offender manager
I am writing to inform you that [insert offender’s full name and prison number], whose details are
below, will be released on [insert date] to the discharge address set out below. He/she [delete as
appropriate] is subject to notification requirements under the 2008 Act.
Offence details are set out in the attached Court notice
Offence details are set out below [tick whichever applies]
Offence(s)
Sentence(s)
Sentencing court
Date sentenced
CRO / PNC number
ViSOR number
The following report is attached [tick whichever applies]. The offender will be given the original on
release.
A copy of the notice issued by the court / prison
A copy of a civil Notification Order made by the court
Discharge address
Full name (print)
Grade
Department
Signature
Date
194
2.
ROTL version
Copy this form onto a blank document for use, and fill in sections marked in red before printing.
Counter-Terrorism Act 2008, Part 4
To
From
The Chief Constable
[insert name of establishment]
[insert name of force]
and [where appropriate]
[insert name], offender manager
I am writing to inform you that [insert offender’s full name and prison number], whose details are
below, will be released on temporary licence on [insert date] for [ … ] days to the address set out below.
He / she [delete as appropriate] is subject to notification requirements under the 2008 Act.
Offence details are set out in the attached Court notice
Offence details are set out below [tick whichever applies]
Offence(s)
Sentence(s)
Sentencing court
Date sentenced
CRO / PNC number
ViSOR number
The following report is attached [tick whichever applies]. The offender will be given the original on
release.
A copy of the notice issued by the court / prison
A copy of a civil Notification Order made by the court
Discharge address
Full name (print)
Grade
Department
Signature
Date
195
Chapter 9
FOREIGN NATIONAL OFFENDERS
1
INTRODUCTION
This chapter should be read in conjunction with PSI 52/2011 Immigration, Repatriation and Removal Services,
and PSI 29/2014 – PI 26/2014 Release on Licence for Foreign National Prisoners Pending Deportation.
1.1
Terminology
A Foreign National Prisoner (FNP) is a foreign prisoner in custody serving the custodial element of their
sentence. A Foreign National Offender (FNO) is a prisoner who remains in detention past the expiry of their
custodial element, also known as a Time Served Foreign National Offender (TSFNO).
Anyone who is not a British citizen is defined as a foreign national. Prison staff are required to notify the Home
Office Immigration Enforcement Criminal Casework (HOIE CC) on the reception of convicted and sentenced
FNPs (PSI 52/2011, paragraph 2.7). Where there is any doubt about a prisoner’s nationality, the
establishment must refer the case to HOIE CC to enable them verify nationality. FNOs who meet certain
criteria (PSI 52/2011, paragraph 2.8) are considered for deportation by HOIE CC.
FNOs are prisoners first and foremost and should be managed in the same way as British nationals. All
requirements of the Public Protection Manual therefore apply equally. No assumption should be made that
FNOs who are of interest to the HOIE CC will all be deported from the UK at the end of their sentence. While
most will be removed or deported, some will have the right to remain in the UK or may be successful in appeals
against deportation. Others may be released into the community on immigration bail, either directly from
prison or from an Immigration Removal Centre, pending ongoing deportation proceedings.
Where deportation is being pursued, an FNO may be detained beyond the end of the custodial part of their
sentence under immigration detention powers. These individuals are called immigration detainees, but they
remain FNOs. Immigration detainees remain subject to the Prison Rules but should be treated on the same
basis as unconvicted prisoners. This is because detainees held within the prison estate, while not necessarily
enjoying all the privileges available in an IRC, have the same rights and privileges as prisoners held on
remand. An immigration detainee can, however, remain in convicted conditions if this is acceptable
operationally and if the FNO’s agreement is recorded on the “detainees in convicted conditions” form (PSI
52/2011, paragraph 2.66).
2
SERVICE LEVEL AGREEMENT
NOMS and the Home Office (HO) have a Service Level Agreement (SLA) for detention services provided by
NOMS to HO. This includes the provision for an agreed number of prison beds to be made available for HO
to hold immigration detainees in prison. Unless agreed with NOMS otherwise, these detainees should be held
in prison only when they present a serious risk of harm to the public or a threat to the good order of the
detention estate. HO may also use these spaces if there is insufficient capacity in the IRC estate to hold an
immigration detainee or for other operational reasons, in particular to support the removal of other immigration
detainees.
196
2.1
Immigration Removal Centres
IRCs are holding centres for a mixed population of “over-stayers”, asylum seekers, illegal immigrants and
individuals in breach of immigration rules and awaiting removal and/or court proceedings. They include a
proportion of foreign national offenders awaiting decisions on asylum or human rights claims or waiting for
documentation for removal from the United Kingdom. Immigration detainees held in IRCs are managed under
the Detention Centre Rules 2001, and have access, for instance, to the internet, mobile phones, unrestricted
visits and other privileges.
An FNO who is liable to deportation and who is not otherwise released can be detained in prison under
immigration powers. The Detention Estate Population Management Unit (DEPMU) determines the suitability
of an FNO held as an immigration detainee for remaining in the prison estate or for transfer to an IRC.
2.2
Red, Amber, Green assessment (RAG)
HOIE is responsible for all decisions to detain and to maintain detention under immigration powers. HOIE is
also responsible for conducting individual assessments of immigration detainees for suitability for an IRC, and
for all decisions on transferring detainees between prison and IRC.
A RAG assessment is applied by DEPMU to assess an FNO’s suitability for transfer to IRC:

Red: unsuitable for transfer.

Amber: case could be managed within the IRC estate, providing accommodation is available in an
IRC appropriate to meet the detainee’s needs.

Green: suitable for transfer to the IRC estate.
Circumstances such as threat to national security, criminality, specific identification of harm, and serious risk
to security and control in an IRC setting are considered by DEPMU as part of the RAG assessment. In making
this assessment, any risk alert flags from an FNO’s P-NOMIS record are also made available to DEPMU to
support them in identifying suitability for transfer.
In some cases DEPMU may need further information in order to effectively asses the risk posed by the
offender. Where this is requested of the prison, staff must ensure that it is provided promptly,
comprehensively and accurately.
2.3
Risk information
PI 52/2014 and PSI 34/201424 detail the revised arrangements for prisons and NPS (and CRCs in certain
cases) to provide HOIE, on request, with offender risk information to help them with decisions about
deportation and immigration detention. They took effect on 1 August 2014.
The revised procedures, mandatory for prisons and NPS, have been developed so that they may also be used
as guidance by Community Rehabilitation Companies to support their information sharing with HOIE about
CRC-allocated foreign nationals.
24
PI 52/2014 - PSI 34/2014 Provision of Offender Risk Information to Home Office Immigration Enforcement regarding
Foreign National Offenders who are being considered for Deportation.
197
The new arrangement is that offender risk information will be requested by a caseworker from HOIE Criminal
Casework through a Request Risk Information (RRI) form sent to the offender manager or offender supervisor.
These revised arrangements for responding to requests by HOIE for offender risk information about FNOs
require a copy of the current OASys to be sent to HOIE by:

prisons (for offenders in custody sentenced to 12 months and over, other than those subject to
Offender Management Phases 2 or 3); or

the NPS (for NPS-allocated offenders on licence - whether in the community or in immigration
detention - or directly managed in custody as above).
Additionally, community offender managers may be asked (as under the OM Model 2007 arrangements) to
confirm whether or not they will approve a proposed address for an offender on licence, or to comment on
HOIE-provided accommodation options.
3
TRANSFER TO THE DETENTION ESTATE
In cases where HOIE has decided to transfer an FNO to an IRC, the prison must ensure that the F2050 core
record (to include the public protection file), security file and any open ACCT plan are transferred to the IRC
in the same manner as an inter-prison transfer. This information is essential to enable IRC staff to properly
manage prisoners within their care.
Once the detainee has been deported or released from the IRC, the file will be returned to the sending prison
for storage, in the same way as for other discharged prisoners.
3.1
Sex offender registration requirements
In line with Chapter 7, FNOs who are subject to sex offender registration requirements must be issued with
an Annex D Sexual Offender Registration Notice, whether detained under immigration powers in prison or
transferred to an IRC. A copy must be available on file for the IRC to re-issue should the FNO be bailed or
otherwise discharged into the community.
The original Certificate of Conviction or Finding, or the original Sexual Offences Prevention Order, should not
be handed to the offender on transfer. Instead, a copy must be given to the offender and the original held on
file for the IRC to issue when discharged. The prison must update the ViSOR record with details of the
transfer to the detention estate and contact must be made with the lead agency to relinquish partnership to
the record.
3.2
Part 4 terrorist notification requirements
In line with Chapter 8, FNOs who are being transferred to an IRC and who are subject to Part 4 terrorist
notification requirements must be served with an Annex C Notice to Prisoner Form, with a copy made available
on file for the IRC to re-issue if release is directed. A copy of the Court Conviction Notice must also be given
to the offender and the original held on file for the IRC to return to the offender when discharged.
The ViSOR record must be updated by the prison with details of the transfer to the detention estate and
contact must be made with the lead agency to relinquish partnership to the record.
198
4
MAPPA
Where a FNO has been assigned a MAPPA level of management, that level will continue to apply in both
prison and the IRC while they are in immigration detention. MAPPA-eligible status or the MAPPA level will
not, in itself, prevent an immigration detainee from moving to an IRC.
In July 2011, UKBA became a Duty to Co-operate Agency (see Chapter 2). UKBA no longer exists and the
duty to co-operate requirement has been assumed by HOIE. This means that where an offender is subject to
MAPP management, the case owner from HOIE will, where required, share information and provide
contribution reports to Level 2 and 3 MAPP meetings.
HOIE CC will not be expected to attend MAPP meetings but should contribute through a request for
information via a MAPPA R form request for any FNOs who are detained in an IRC. For FNOs in prison, the
prison will provide the MAPPA F instead.
4.1
Offender manager & FNO
Probation offender managers have to continue to actively manage detained FNOs, whether held in prison or
detained in the IRC estate while on licence. The prison must ensure that they continue to share all relevant
risk information with the offender manager while the FNO is still held.
For FNOs who have no offender management involvement (eg an expired licence or a sentence that does not
qualify), the prison must share risk information with the HOIE case owner.
5
RELEASE
An FNO may remain in immigration detention, either in prison or in an IRC, up until he or she is deported.
However, there remains the potential, following either an executive decision of the HOIE CC or a decision of
a court or Tribunal to release the offender directly into the community. HOIE CC or an immigration judge may
impose immigration bail, which continues to run in parallel to licence conditions, if any are in force.
It is therefore essential that a licence be produced for a FNO as for any prisoner at the end of the custodial
period and explained to the FNO, including giving them a physical copy and placing one on file. There is
further information on the release of FNOs in PSI 29/2014 – PI 26/2014.
199
Chapter 10
CONTROLLED MATERIALS
1
INTRODUCTION
This chapter gives guidance for dealing with prisoners’ access to, and possession and display of, materials
that should be excluded from the prison environment or carefully controlled. It applies only to materials as
defined at part 1.1 below. Other items are covered by the relevant policies on security and prisoners’ property.
There are two broad purposes to controlling access to these items:

to regulate prisoners’ offending behaviour, to prevent crime and to promote rehabilitation and the
reduction of re-offending (this does not apply only to the prisoner who is seeking access to material);
and

to allow good order and discipline to be maintained.
These aims can allow considerable restrictions to be placed on individual prisoners or on establishments as
a whole. Nonetheless, any decisions taken must be necessary and proportionate to one or both of these
aims and must also be taken with regard to NOMS’ equality policy25. Where none of the aims is an issue, it
is unlikely that it will be justifiable to restrict the material, even if it might be regarded as undesirable or offensive
by others.
This chapter covers:

pornographic material;

violent material;

terrorist / extremist material;

material that may be discriminatory in terms of the protected characteristics in the Equality Act 2010;
and

material that is none of these, but prisoners should not have it because of the effect on offending
behaviour, crime prevention or good order and discipline.
The same principles apply equally to all these areas, although this does not necessarily mean that they will
lead to the same results.
Policy on controlled materials follows on from policy on Prisoners’ Property (PSI 12/2011) and in particular
paragraphs 2.16 to 2.19. For these purposes, the most important passage of that PSI is in paragraph 2.19:
The Governor must temporarily confiscate any newspaper, periodical or magazine or any particular
issue, or any book, if he or she considers that the content presents a threat to good order or discipline
or the interests of prison or national security, or that possession of the material is likely to have an
adverse effect on the prisoner’s physical or mental condition … The Governor must also impose
restrictions on the display of material which he or she considers to be likely to cause offence by reason
of its indecent or violent content, or to be inconsistent with our commitments to eliminate discrimination
and harassment and to promote equality, taking account of local circumstances.
25
Advice on the equality duty can be found on the Equalities Group intranet site, or by asking at
[email protected] or on 030 0047 5005.
200
In practice this means that Governors have discretion over what can be allowed within their establishments,
and in particular can take account of the nature of their establishments. So, for example, an establishment
specialising in sex offenders may have a different approach from one with a more mixed population. All such
decisions must be reasonable and proportionate.
In addition, PSI 49/2011 Prisoner Communication Services places a number of restrictions in the content of
prisoners’ correspondence (in respect of written material and enclosures) that need to be read in conjunction
with this guidance. In particular, paragraph 11.3 of the PSI covers offensive and obscene material - although
it must be remembered that it deals only with material coming through the post, whereas this chapter covers
material obtained by any means.
1.1
Definition of “materials”
“Materials” includes, but is not confined to, books, periodicals, newspapers, leaflets, catalogues, posters,
computer games, DVDs (including films and collected TV series, and other formats such as VHS and BluRay), music, pictures, photographs, and other forms of written or graphic material.
2
BANNED MATERIALS
Prisoners must not, under any circumstances, be allowed access to material that:

is obscene within the meaning of the Obscene Publications Act 1959. This covers the publication of
material that has a tendency to “deprave and corrupt” those likely to read, hear or see it. No absolute
definition of “obscene” is possible; each individual item has to be judged on its own merits. The CPS
website has a list of the types of content that might be prosecuted, but this is not exhaustive. It is important
to note that obscenity is not confined to images. Written material can be obscene as well, eg graphic
descriptions of child abuse. Also, obscenity is not limited to material of a sexual nature.
Section 85 of the Postal Services Act 2000 also prohibits the sending through the post of indecent or
obscene material. If there is any doubt about whether material falls within this legislation, legal advice
should be sought.

uses threatening words and is intended to stir up racial or religious hatred contrary to the Public
Order Act 1986 and the Racial and Religious Hatred Act 2006.

features children inappropriately. It is an offence under the Protection of Children Act 1978 (as
amended) and section 160 of the Criminal Justice Act 1988 to make, take, distribute or possess indecent
photographs and pseudo-photographs of children under the age of 18. Photographs of children in an
indecent context can also be found to be indecent. It is also an offence to possess tracings or other
derivatives of indecent photographs. “Indecency” is not defined in the statute; it is ultimately a question
of fact whether the material would be regarded as indecent based on “recognised standards of propriety”.
The Coroners and Justice Act 2009 creates an offence of the possession of prohibited images of children.
The definition is that they:

are pornographic (defined as below);

focus solely or principally on a child's genitals or anal region, or portray a number of sexual acts; and
201
 are grossly offensive, disgusting or otherwise of an obscene character.
“Image” excludes indecent photographs and pseudo-photographs as these are the subject of other
offences.

is extreme pornography. Sections 63-67 of the Criminal Justice and Immigration Act 2008 create a new
offence of possession of extreme pornographic images. These are images that:


are pornographic - that is, of such a nature that they must reasonably be assumed to have been
produced solely or principally for the purpose of sexual arousal; and

are explicit and realistic; and

are “grossly offensive, disgusting or otherwise of an obscene character”; and

portray:

an act that threatens a person’s life;

an act that results, or is likely to result, in serious injury to a person’s anus, breasts or genitals;

an act that involves sexual interference with a human corpse; or

a person performing an act of intercourse or oral sex with an animal.
is otherwise sexually explicit. This restriction applies even though the material in question may be legal
and/or no longer classified as obscene. “Explicit” means any image of:

an erect penis;

ejaculation;

penetration (whether oral, vaginal or anal);

a young person (whether naked or clothed, and including both instances where the subject can be
identified as under 18 and those where the subject appears to be under 18) if the image appears to
be exploitative. This applies even if the image would not lead to a conviction under the Protection of
Children Act 1978;

a sexual act that depicts restraint, coercion or violence, even if the image would not be classed as
extreme pornography under the Criminal Justice and Immigration Act 2008.

promotes or supports acts of terrorism.

promotes or supports domestic extremism or radicalisation26.

is a film, video game or other material to which the BBFC has refused a certificate. Further guidance
on film classification is at 4.1 below.

is an R18-rated film. Acts depicted in magazines in the form of still photographs take on a different
character in a film, even though they may be basically the same. The ability to repeat particular scenes
on a DVD player can be used to reinforce attitudes and offending behaviour to a much greater extent. As
a result, R18 films are prohibited even where equivalent acts depicted in a magazine may not be.

is an 18-rated video game - see PSI 30/2013 Incentives and Earned Privileges, paragraphs 10.6 - 10.11.
A list of banned publications was drawn up in 2009 when the Public Protection Manual was first issued and
can be found at Annex A. It covers materials of concern in respect of child sex offending. A number of things
should be noted about the list:
26
For advice on extremism and radicalisation, contact [email protected]
202

it is not exhaustive and has not been updated since first publication. It should not therefore be relied
on as a definitive statement of what cannot be permitted; nor does a publication’s absence from the
list mean that it can always be permitted.

we cannot vouch for the correct identification of publishers, nor for correct spellings.

it should not be assumed that other items from the listed publishers will always be undesirable.

no equivalent list exists for other types of publication such as adult erotica.

in all cases where a publication does not appear on the list, prisons should consider the content
carefully against the criteria in this chapter.
3
RESTRICTING MATERIALS IN INDIVIDUAL CASES
Any materials not described in part 2 above will not automatically be restricted, even if some might be
considered offensive by the majority of people. Note that “offensive” is not necessarily the same thing in law
as “indecent” or “obscene”. Because of this these materials are not automatically banned, but they can be
withheld in individual cases.
3.1
Basic principles
All decisions must be based only on an assessment of the effect of the material on the rehabilitation or
offending behaviour of the prisoner requesting it, or of other prisoners, crime prevention, or of the effect of the
material or its display on good order and discipline. Other considerations - in particular, anyone’s personal
views - should not be taken into account. Governors’ powers over the display of materials are wider than over
their possession: while it may be possible to ban some items from display because of their capacity to cause
offence to others, it will not usually be reasonable to prevent their possession solely for that reason.
Any restrictions adopted (including completely withholding materials) must be necessary and proportionate
to the nature of the risk, and must be the least needed to address that risk. Proper account must be taken
of the prisoner’s right to receive information and the general NOMS policy of not applying censorship. These
must be balanced against the potential harm before a decision is taken.
3.2
Offending behaviour
Material may not be illegal or offensive, but can still be unsuitable when the nature of a prisoner’s offence and
their offending behaviour work are taken into account, or where the nature of the material is such that it might
be used to encourage criminal behaviour or undermine rehabilitation. Examples include:

Child sex offenders should not generally be allowed catalogues, or pages of catalogues, that depict
children. Catalogues that are allowed for the legitimate placing of orders may need to be edited.

For some child sex offenders, the possession of certain children’s literature may be undesirable if it is
likely to be used for grooming purposes.

It may be undesirable for violent offenders to possess violent films or magazines about weapons.

Material published by far-right or racist groups may have to be withheld from some offenders where it
has a direct link with offending behaviour.
These are not the only possible instances. In each case a judgement is needed over whether the material will
reinforce the prisoner’s offending behaviour, encourage criminogenic fantasies, lead to the prisoner attempting
to commit offences while in custody, or otherwise undermine the aim of reducing re-offending. Consideration
203
should also be given to the prisoner’s physical and mental health, and to whether the particular prisoner’s
possession of the material is consistent with the prison’s equality duty as summarised in para 1.2.
A particular concern is an account of offences as set out in evidence and court records. In some cases this
can be held legitimately, for example in connection with an offending behaviour programme or an appeal. In
others it may be held by a prisoner to whom these do not apply and is, effectively, being used as a form of
pornography.
The effect on the prisoner seeking access to materials is not the only one to consider. Once material is inside
an establishment, it cannot be assumed that it will stay with the prisoner who originally received it.
Consideration must also therefore be given to the possibility that, while the material may be suitable for the
original prisoner, it could be shared with others for who it would be less suitable, or traded as a form of
currency. Another problem to guard against is one prisoner agreeing to obtain material on behalf of another
for whom it would not be allowed.
3.3
Good order and discipline
Material that might be regarded by some as acceptable in one context can cause problems in other contexts.
Examples include:

religiously provocative literature or posters, particularly in an establishment with a large population of
one particular religion;

far-right or discriminatory material, particularly in an establishment with a large ethnic minority
population; or

material that might promote intolerant attitudes or beliefs.
None of this material is automatically banned unless it falls within part 2 above, and there may be legitimate
reasons (such as academic study) for a prisoner to possess them. The most likely problem is one of prisoners
taking offence at others’ material, possibly leading to disorder or a threat to security. Displaying such material
is more likely to create offence and disorder than merely possessing it, although either could create conflict.
The potential for offence is always present and is not necessarily determined by the number of other prisoners
who could be offended. Context is also important: some things can be less offensive when held by a member
of one group than they would be when held by someone from another group whose motivation may be very
different.
Establishments must also be aware of the possibility that prisoners may seek to use materials to recruit others
to organisations that are illegal or, if not illegal, would not be conducive to good order or crime prevention if
they gained a foothold in the prison. The potential for material to pose a threat to prison security, or even to
national security, must also be considered.
It is important to recognise that these two broad areas can overlap. For example, the use of pornographic
material as currency could give rise to general discipline problems even among prisoners for whom personal
possession would not necessarily be an issue.
3.4
Controlling materials
Once a judgement has been reached that particular material may raise problems as outlined above, it is not
always necessary to withhold it. The action taken must be proportionate to the identified risk and the least
204
necessary to address it. Alternatives to outright prohibition should be considered and include, among other
things:

allowing the prisoner to possess the material but not to share it or display it. The use of this option
must be informed by an assessment of how likely the prisoner is to comply.

allowing the prisoner access to the material instead of being allowed to hold it, either in a controlled
setting or through the prison library. This would, for example, be suitable for serious study of
objectionable material, although it is unlikely to be suitable for pornography.
Items such as magazines may contain limited instances of controlled material but otherwise be generally
acceptable. Where physically possible, the controlled material should be removed and the prisoner allowed
to have the rest of the item.
4
PRISON-LEVEL RESTRICTIONS
All decisions to restrict an item at prison level must be based on the characteristics of that prison’s population
and must be based on an assessment of the item’s effect on them. Invalid reasons for restrictions include:

notoriety - this brings two risks:

basing the prison’s response on reports and impressions of an item’s content, as opposed to an
informed assessment of it; and

focusing too narrowly on one item where there might be many others that are similar and so need
to be considered with it.

being considered by some to be offensive - this is both too subjective, and not related to the public
protection basis for restrictions;

because another prison has restricted it;

price;

because “no prisoner at all should read it” - this is not a sound analysis against the public protection
factors.
It is possible to restrict whole categories of material in preference to individual items. But in doing so, prisons
need to be sure that:

a category can be defined precisely, so that whether an item falls within it is clear and not open to
challenge; and

every item in that category needs to be restricted, without exception.
Any specific item can be restricted. But thought should be given to whether restricting one selected example
of a genre is sensible without considering others in the same genre. If the genre comes under consideration,
the principles above will apply.
Prison-level lists should generally not be compiled from restrictions applied to individuals. Individual
restrictions are specific to their circumstances and do not necessarily say anything about an item’s suitability
for the rest of the prison’s population. However, if items are repeatedly restricted for individuals, their shared
characteristics allow a prison-level restriction to be considered.
Periodicals can be restricted as well as books, films etc. In considering whether to restrict a title prisons must
consider whether specific issues should be restricted, or the title as a whole. The latter can be done only if
the prison can be satisfied that all future issues will share the same characteristics.
205
All decisions to restrict materials must be based on an assessment of the material in question. Nothing can
be restricted without such an assessment. This, plus the general rule that NOMS does not censor materials
unless there is a good reason to do so, means that prisons must not adopt an approach whereby all periodicals
are banned apart from those on a pre-approved list.
5
PROCESS
All decisions to include an item on a prison-level list, and all decisions to restrict materials at the individual
level, must be taken by prison staff only. Library staff may suggest items for inclusion and can advise on
content, but they are not authorised to apply restrictions. Advice can also be sought from NOMS Offender
Management & Public Protection Group.
5.1
Checking materials
No definitive listing of banned or questionable publications, publishers, films or organisations is possible.
Items should be inspected individually and a judgement formed about their content and source. It may be
possible with experience to identify sources that deal only in material that cannot be permitted in a particular
establishment, but even then it is impossible to say definitively that everything from such sources must be
prohibited.
Guidance on obscene publications is available from the CPS website as noted at part 2 above.
Guidance on material that gives rise to concerns about discrimination can be obtained from NOMS Equalities
Group on its intranet site, or via [email protected] or 030 0047 5005.
It is not generally possible to view a DVD as readily as looking through printed material in order to establish
what action to take. The best recourse is to consider its classification. Guidance on this is available from the
British Board of Film Classification. The BBFC’s website sets out the various rating levels and their general
characteristics. In addition, DVD releases carry not only their certificate but also a brief summary of the
reasons for granting it, and further details can be found on the BBFC site. This information can be helpful in
considering the DVD as it relates to the particular prisoner.
It is important to remember that many films and TV series with restrictive certificates can be seen freely on TV
after the 9pm watershed. A general policy of limiting prisoners to pre-watershed material would be inconsistent
with this and hard to defend. Nonetheless, the effect of a particular item on the prisoner concerned must be
considered, and in particular the difference between watching it on TV and being able to pause and rewind
particular scenes to watch them repeatedly on DVD. Home recordings should be considered in the same way
as commercial releases.
Prisoners should not be allowed items where they are too young for the age rating. This includes all
pornographic material, in all media.
For guidance on photographs of children, see Chapter 5d Personal Photographs of Children.
206
5.2
Procedures
On arrival at an establishment, prisoners must be advised by reception / induction staff that their access to
materials may be restricted or controlled. If the establishment has developed a local policy on the possession
and/or display of restricted materials (as in the introduction above or under para 2.19 of PSI 12/2011), it must
be explained to newly arrived prisoners and a written copy provided. Prisoners must also be told that
controlled material to which they have been allowed access is not to be passed to other prisoners, and that
breach of this is a breach of prison rules. It can be subject to action under:

the Incentives and Earned Privileges Scheme; and

the Prison Rules - Rule 51, paragraph 23 (prisoner disobeys or fails to comply with any rule or
regulation applying to him).
Prisoners transferring from one establishment to another may have materials in their possession that are
allowed in the sending prison but might not be in the receiving prison. Such materials should not simply be
taken away automatically. Each case should be considered on its own merits.
Materials may come to an establishment by a number of means: mail order, ordering through the prison library,
being brought in by visitors. The standard processes for checking incoming items must be used.
Any material found in a prisoner’s possession that raises concerns over its suitability must be removed and a
decision taken about whether to allow it. It should not be assumed that an item is suitable because it has
come in by legitimate means.
If materials are in a language other than English, they (or in the case of DVDs the packaging) must be
translated before any decision on possession can be taken. Consideration must also be given to whether
other prisoners would be able to read the items in question if they were passed on or displayed.
If such a decision is necessary, the material should not be passed to the prisoner until it has been taken. If
the material can be handed over, any terms attached to it must be explained to the prisoner. If it cannot be
allowed, it must be either:

returned to the sender or, if that is impossible,

placed with the prisoner’s property in line with the applicable policy.
Property can be permanently confiscated if it is unauthorised. Although there is no obligation to do this, prisons
should be particularly mindful of the reasons for confiscation in para 2.17 of PSI 12/2011. Where an item is
confiscated temporarily, it must be returned to the prisoner on release. Alternatively, the prisoner can be
encouraged to have the item sent or given back a relative or friend where this facility is available. Standard
rules on transfers and property storage apply.
Prisoners must be told when material has been withheld and given reasons in writing. If the prisoner remains
dissatisfied he/she can then pursue it through the normal complaints procedure. All decisions must be
recorded on the prisoner’s core record.
207
Chapter 10
Annex A
Banned publications and sources
Publication
Author (Publisher)
Address
Abuse Of Innocence
P Eberle, S Eberle (Ophelia Editions)
Adult Sexual Interest In Children
M Cook, K Howells (London Academic Press)
Alice
Hajime Sawatari
Andy
Gallery Im Medium Verlag
As Far As The Eye Can See
Ron Oliver
Au-Dela
Joyce Tenneson (Contrejour)
Age Of Innocence
David Hamilton (Aurum)
The Betrayal Of Youth
Middleton Warren
Bilderlust
David Hamilton (William Morrow)
Blaze
Blaze
PO Box N231, Strawberry Hill, NSW 2021, Australia
Boy Love World
Boy Love World
Postbus 308, NL 6200 AP Maastricht
Boy Photo
Janssen
Postfach 1507 01, D-1000 Berlin
Boys Art Magazine
Gallery Im Medium Verlag
Barthuer Strasse 21, 1000 Berlin 61, Germany
Boys Speak Out On Man-Boy Love
North American Man-Boy Love Association
Certain People
Robert Mapplethorpe (Twelvetrees Press)
Childhood And Sexuality - A Radical Christian
Approach
LJ Randall (Pittsburgh Dorrance / Ophelia Editions)
Children And Sex
L Constantine, F Martinson (Little, Brown & Co)
The Classic Nude
George Hester (Amphoto)
Color
Sheila Metzner (Clarkson N Potter Inc)
208
Barthuer Strasse 21, 1000 Berlin 61, Germany
Publication
Author (Publisher)
Complete Course In Photographing Children
John Hedgecoe
Crimes Without Victims
P Hertoft / Trobriands Collective (Global Academic
Publishers)
Daniel
Edition Fotokunst Kruezberg
Daniel Extra
Edition Fotokunst Kruezberg
Daniel mini-mag
Edition Fotokunst Kruezberg
Divadlo Zivota
Jan Suadek
Dreams Of A Young Girl
David Hamilton (William Morrow)
Dressup: Playacts And Fantasies Of Childhood
Starr Ockenga (Addison House)
The Effect of Paedophiliac Attention On A Child
G Powell, N Chalkley, B Taylor
Erotic Photographs
Wilhelm von Gloeden (Taschen)
Erotic Photographs
Guglielmo Pluschow
Filles Nature Morte & Dominik Paysages
Alterio DMK
Flesh And Blood
Various (Cornerhouse Publications)
Free Will
Project Truth
Garden Of Adonis
Oliver Hill (Phillip Allan & Co)
Girlhood Sexual Experiences
Parents Special Interest Group (Passion Press - US
Ophelia Editions)
Graham Ovenden
Graham Ovenden (Academy Editions)
Helios
Helios
Immediate Family
Sally Mann (Phaidon)
Innocence In The Mirror
Angelo Cozzi (William Morrow)
Intermale Catalogue
Intermale
Jeunes et Naturels
Maison D'Edition Peenhill
Jimmy
Gallery Im Medium Verlag
Address
PO Box 244, Paramis, NJ 07653-0244, USA
Postbus 460, 3300 AG Dordrecht, Netherlands
PO Box 12721, NL 1100 Amsterdam
209
Barthuer Strasse 21, 1000 Berlin 61, Germany
Publication
Author (Publisher)
Address
Jonquil
Oliver Hill (Phillip Allan & Co)
Jung und Frei
Verlag Peenhill
Kind Frua
Angela Fensch (Benteli Vertag)
Kinder Der Sonne
Gerd Berendt
Hasfeldorfer Strasse 11, W2081 Heist Der
Hauptstrasse, D-25492 Heist, Germany
Koinos Magazine
Koinos
Postbus 12.710, 1100 AS Amsterdam
The Last Days Of Summer
Jock Sturges (Aperture)
Les Immortelles
Irina Ionesco (Contrejour)
Lewis Carroll’s Photographs Of Nude Children
Lewis Carroll (The Rosenbach Foundation)
Libido
Schweizerische Arbeitgemeinschaft Pädophilie
Living Room
Nick Waplington (Cornerhouse Publishing)
Love, Life, Death And Other Such Trifles
Robert Mapplethorpe (Jonathan Cape)
Loving Boys
E Brongersmama (Global Academic Publishers)
Making An Issue Of Child Abuse
B Nelson (Chicago University Press)
Martijn
Martijn
PO Box 442, 7000 Hoogeven, Netherlands
Postbus 5478, 1007 AL Amsterdam
Merlin Catalogue
Merlin
Medienvertrieb Vorm Olaf Stubien, Postfach 3605
04, 10975 Berlin
NAMBLA Bulletin
NAMBLA
Postbox Midtown Station, New York
537 Jones Street, San Francisco, CA 94102, USA
New Colour / New York
Joel Meyerowitz (Abbeville Press)
Nude
Constance Sullivan (Harper & Row)
Ny Sexualpolitik
Danish Paedophile Association
Objects Of Desire
Sheila Metzner (Clarkson N Potter Inc)
OK
Martijn-Vereniging
Abo-Dienst Lottner, Postfach 1242, D-8110,
Murnau, Germany
Postfach 3216, CH-8031 Zurich
Postbus 22167, NL 1100 KD Amsterdam
PO Box 843 DK-2400 Copenhagen NV
PB 43 548, 1009 MA Amsterdam
210
Publication
Author (Publisher)
Address
Oliver
Edition Rosa Panther Presse
Oliver Extra
Edition Rosa Panther Presse
Oliver mini-mag
Edition Rosa Panther Presse
Ophelia Editions Catalogue
Ophelia Editions
Postbus 408, 1000 AK Amsterdam
Geldersekade 80A, NL-1012 Amsterdam
PO Box 2377, NY 10185, USA
Paedophiles Discussing Paedophilia
M Pieterse (Global Academic Publishers)
Postbus 22167, NL 1100 KD Amsterdam
Paedophilia: A Factual Report
F Bernard (Enclave)
Postbus 6591, NL 3002 Rotterdam
Paedophilia: The Radical Case
Peter Owen
Pan’s Garden
Oliver Hill (Phillip Allan & Co)
Philius
Wolfgang Timmer Verlag
Photographe
Claude Batho (Editions des Femmes)
Photographing Children
Time Life Books
Photographing The Nude
Wynn Bullock (Gibbs Smith & Co)
Photographs 1974-1984
Bill Henson (Deutscher - Gertrude Street)
Pojkart
Pojkart
The Politics Of Child Abuse
N Parton (Macmillan)
Portobello - Fotografia de Panama
Sandra Eleta la Aztea
Portraits Nus
Jean-Francois Bauret (Contrejour)
Private Collection
David Hamilton (Swan Productions AG)
Radiant Identities
Jock Sturges (Aperture)
Rising Goddess
Cynthia Macadams (Morgan & Morgan)
The Satanism Scare
J Richardson, J Best, D Bromley (Ophelia Editions)
Selections 1: From The Polaroid Collection
Christian Vogt (Verlag Photographie)
PO Box 110765, D-1000 Berlin
Hogenbergerstrasse 16, D-800 München, Germany
Kunst im Bild, Moslinger Allee 191, D-2400 Lubeck,
Germany
211
Publication
Author (Publisher)
Address
Sex Abuse Hysteria
R Gardner
The Sexual Apects of Paedophiliac Relationships
T Sandfort (Utrecht Sociological Institute)
Sexual Experience Between Men And Boys
P Rossman (Association Press)
Show Me
Will McBride (St Martin’s Press)
Show Me Yours
R Goldman (Penguin)
Sisters
David Hamilton (William Morrow)
Situationen / Projekte Ein Fotobuch
Will McBride (Rimbaud)
Sonderheft - Aus der Velt der FKK Jugend
Berendt Verlag
Sonnenfreunder Sonderheft
Berendt Verlag
Souvenirs
David Hamilton (Editions Robert Laffont)
Sugar And Spice
S Lees (Penguin)
Tender Cousins
David Hamilton (William Morrow)
30 Postcards
Wilhelm von Gloeden (Taschen)
Threatened Children
Joel Best (University Of Chicago Press)
25 Years Of An Artist
David Hamilton (Aurum)
Unbound
Free Forum Books
1800 Market Street, San Francisco, CA 94102, USA
Uncommon Desires Newsletter
Uncommon Desires
Postbus 408, NL 1000 AK Amsterdam
PO Box 2377, New York 10185, USA
Varieties of Man Boy Love
Mark Pascal (Wallace Hamilton Press [NAMBLA])
Victorian Children
Graham Ovenden (Academy Editions)
Victorian Erotic Photography
Graham Ovenden (Academy Editions)
Victorian Vault
White Knight Products
Vogue Bambini
Servizio Abbonamenti
The World of Jan Saudek
Jan Saudek (Aperture)
Box 656, Wautoma, WI 54982, USA
AA Music
PO Box 12223, NL 1100 AE Amsterdam
212
Publication
Author (Publisher)
Address
Acolyte Press
Po Box 12731, NL 1100 AS Amsterdam
AFL (Aktion Fries Leben)
Peter Koch, Untergasse 13, D-5388 Homberg
(EFZE), Germany
AKP (Arbeitskreis Pederastie-Pädophile)
Rolf Jagenburg, PF 630113, D-4630 Bochum,
Germany
Dieter, PF 800648, D-4320 Hättingen 1, Germany
Ariel’s Pages
PO Box 2487, New York 10185-2486, USA
Award Films
PO Box 685195, Austin, Texas 78768, USA
Black & White Books
41 Sutter, Suite 1056, San Francisco, CA 941044987, USA
Body-N-Mind
PO Box 22552, Santa Barbara,CA 93121, USA
Bonded Mailing Service
Box 3531, Van Nuys, CA 91407, USA
Brazil Video
PO Box 8572, La Jolla, CA 92038, USA
BTR Enterprises
PO Box 46, Voldendam 1130, Netherlands
Buchhandlung Mannerschwarm
Neuer Pferdermarkt 32, 20359 Hamburg, Germany
Michael Caignet
64 Rue De Crimée, 75019 Paris
Circle Video
Box 7020, Tarzana, CA 91357, USA
Class Sales
Box 4887, North Hollywood, CA 91607, USA
Club Mundial
PO Box 2573, 3000 CN Rotterdam
Coltsfoot Press
PO Box 3496, 1001 AG Amsterdam
Cultural Research Team
PO Box 191127, Miami Beach, FL 33119-1708,
USA
CVMC
3233 S Cambridge Road, Lansing, MI 48911-1030,
USA
DK
PO Box 21499, Denver, CO 08221-0499, USA
Danish Paedophile Group
PO Box 330 DK-1503 Copenhagen NV
213
Publication
Author (Publisher)
Address
Dokumentatiedienst-Pedofile
Langstraat 27, B-3890 Montenaken-Gingelom,
Belgium
Dover Publications Inc
31 East 2nd Street, Mineola, New York
Editions Albert
Lisboa, Berlin
Elysium Institute
814 Robinson Road, Topanga, CA 9020-9672, USA
Entis Verlag Vitto
Vertrieb U Tomek GmbH
Mudelheimer Veg 60 40472, Düsseldorf, Germany
Euromen
Postbus 10923 Nl 1000 Amsterdam
Events Unlimited
PO Box 203, Pequannock, NJ 07440, USA
Foerster-Verlag
Vertrieb D-60553, Frankfurt am Main, Germany
Frank Endo Co
18011 La Salle Avenue, Gardena, California
Free Spirits
245 8th Avenue, Suite 2456, NY 1011, USA
Global Academic Publishers
PO Box 12731, NL 1100 Amsterdam
Gruppe Krumme 13
Postfach 130308, D-40553 Düsseldorf, Germany
Heritage Video International
PO Box 42068, Los Angeles, CA 90042-0068, USA
Home Labs
Box 1426, North Hollywood, CA 91614, USA
Insider Video Club
PO Box 93399, Hollywood, CA 90099-4419, USA
International Naturist Information Centre
PO Box 2082, 2800 BE Gouda, Netherlands
International Smoothie Club
Postbus 291, 170 Heerhugowaard, Netherlands
Jenssen Versand
Pariser Strasse 45, D-10719 Berlin
Jeunes et Naturels
BP 38, 16F-75761, Cedex 16, Paris
Kein Verleich
Postfach 1507 01, D-1000 Berlin
Klass Gerrits
Postbus 6402, 3002 AK Rotterdam
LC
PO Box 29557, Denver, CO 80229, USA
La Sprague
Postbus 17274, 1001 AG Amsterdam
214
Publication
Author (Publisher)
Address
Les Editions Rares
5 Rue Pastuel, 75011 Paris
Lekturhaal Candy
PO Box 118, 7890 Klazienaveen, Netherlands
Les Dioscures
19-23 Rue d'Hautpoul, 75010 Paris
Les Editions Des Mouettes
8 Rue Nicolet, 75018 Paris
Librarie Le Scarabée d'Or
61 Rue Monsieur Le Prince, 75006 Paris
Lifestyles
PO Box 661268, Los Angeles, CA 90055, USA
Marlin
PO Box 59158, 1040 KD Amsterdam
Medein Vertrieb Ptere Schaubelt
Berlin
MM-Verlagsbetrenung
Postfach 1611, D85316 Freising, Germany
Mrs PL
3531 Van Owen St, Van Nuys, CA 91407, USA
NAT-FAM
PO Box 838, Venice, CA 90294, USA
Natuurlijk
PO Box 5278, Santa Monica, CA 90409, USA
New Perspectives
Postbus 12731, 1100 AS Amsterdam
Nudelife Videos Ltd
PO Box 9296, Newark, DE 19714-9296, USA
NVSH
Blauwburgal 7-9, Nl-1015 AG Amsterdam
Postbus 92151, Nl-3002 GD Rotterdam
Postbus 692, Nl-4700 NA Deventer, Netherlands
Marslan 35, Nl-3318 JE Dordrecht, Netherlands
Postbus 1387, Nl-9701 BJ Gröningen, Netherlands
Postbus 6728, Nl-6503 GE Nimwegen, Netherlands
Rooseveltlaan 912, NL-3526 BN Utrecht,
Netherlands
Olaf Stuben
Medienvertrieb Liegnitzer Strasse 37 1000, Berlin
36
Orwid (Mathias Theile)
Pistfach D-4521, Pegau, Germany
Pädogruppe, Rat und Tat-Zentrum
Franz Korner Strasse 91, D-2800, Bremen,
Germany
215
Publication
Author (Publisher)
Address
Paidika
Postbus 22630, 1100 DC Amsterdam
Peenhill Ltd, Dept F
PO Box 2110, Cathedral St, NY 10025, USA
Peenhill Service
BP 38 16 F75761, Cathedral St, NY 10025, USA
Phantasm Video Productions
133 Quai de la Pie, 94100 St Maur des Fosses,
France
Pour l'Art Européen
19-23 Rue d'Hautpoul, 75019 Paris
Rimbaud Verlagsguellschaft
MVH, Postfach 86, D-1500 Aachen, Belgium
Robert Broekstra
PO Bos 2082, 280 BE Gouda, Netherlands
Rosa Panther Presse Verlag
Bond Vertrieb, Peter Schnaubelt, Berlin
Schorer
Hoftstraat 5, 1071 BL Amsterdam
Signal Video
Box 4261, North Hollywood, CA 91607, USA
Spartacus Coltsfoot
PO Box 3496, NL 1001 AG Amsterdam
Studiegroep Pedofile
Brueghelstraat B-2018, Antwerpen, Belgium
Sun West
PO Box 85204, Los Angeles, CA 90071-0204, USA
Sunat Natplus
PO Box 9296, Newark, DE 19714-9296, USA
Verlag Enrich Scheer
Babelsbergerstrasse 47, D-1000 Berlin
Havelbergerstrasse 17, 10559 Berlin
Voyage
41 Sutter 1309-U, San Francisco, CA 94104, USA
Voyeur Video
270 N Canon Dr, 1296RS, Beverly Hills, CA 90210,
USA
Wholesale City
Box 38191, Los Angeles, CA 90038, USA
Why Not and Blue Boyz
Voorburgwal 28, 1012 Amsterdam
Words and Pictures
PO Box 95057, NL 1090 HB Amsterdam
216
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