The Scottish Government

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Circular JD/8/2008

August 2008

For the attention of MAPPA responsible authorities and CJA Chief Officers

Dear colleague

Submission and publication of MAPPA annual reports

This circular is intended to clarify the statutory requirements on the MAPPA responsible authorities and Community Justice Authorities (CJAs) in relation to the submission and publication of MAPPA annual reports.

MAPPA Annual Reports are required to be published under section 11 of the Management of Offenders etc (Scotland) Act 2005 ('the Act'). Section 11 requires the responsible authorities to keep under review the joint arrangements established for the assessment and management of risk of those offenders specified in section 10(1) of the Act. Section 11(2)(a) provides for the responsible authorities, as soon as practicable after the end of each period of 12 months beginning with 1st April, to jointly prepare a report on the discharge by them during that period of the functions conferred on them by section 10. Section 11(2)(b) requires the responsible authorities to publish the report in the area of the local authority and section 11(2)(c) requires the responsible authorities to submit the (published) report to the Community Justice Authority within the area in which the local authority is comprised. Section 3(10) of the Act requires the Community Justice Authority to send a copy of the published report to Scottish Ministers. CJA's do not require to approve the annual report first nor do Ministers. The reports are entirely the product of the responsible authorities and neither CJAs nor Ministers have any editorial locus over their content.

It was agreed by the multi agency MAPPA Working Group that it would be preferable for the responsible authorities to publish all 8 MAPPA Annual reports at the same time. The Scottish Government wrote to the responsible authorities represented on the Tri Partite Group (ACPOS, ADSW and SPS) in January 2008 to propose that publication be coordinated. This was agreed to by the responsible authorities.

Having agreed that the responsible authorities should comply with Section 11(2)(b) simultaneously (the requirement, in the first instance, to publish the report in the area of the local authority) we propose that this simultaneous publication take place on the Scottish Government website. Therefore the reports should be passed to the Scottish Government for publication on an agreed date this Autumn (to be confirmed by the National MAPPA Coordinator). On the same day that they are published simultaneously online, the responsible authorities should submit the report formally to CJAs and to Scottish Ministers.

Given the role of CJAs in overseeing efforts to reduce reoffending within their area, we consider it good practice that reports are shared in draft between responsible authorities and CJA Chief Officers prior to their formal (simultaneous) submission to CJAs and Scottish Ministers. As MAPPA strategic oversight arrangements develop across the country, we consider it good practice that CJA Chief Officers are formally involved in those arrangements, allowing them to comment on the report's content as it develops and reflect any strategic observations on MAPPA within their area in their own area plan and annual report. However, the content of the MAPPA annual report is solely the responsibility of the MAPPA responsible authorities. CJA Chief Officers should not look to amend or edit this either in their own capacity or through CJA Boards.

Should you have any queries, we will be happy to assist you. Our contact details are below.

Tom McMahon

Head of Police Powers and Public Protection Unit

Police Powers, Performance & Resources Division

Scottish Government

1W R

St Andrews House

Edinburgh

EH1 3DG

Tel: 0131 244 5644

Fax: 0131 244 2666

tom.mcmahon@scotland.gsi.gov.uk

Willie Manson

National MAPPA Coordinator

1W R

St Andrews House

Edinburgh

EH1 3DG

Tel: 0131 244 2142

Fax: 0131 244 2666

Willie.MansonMAPPA@scotland.gsi.gov.uk