Criminal Justice Act 2003

325 Arrangements for assessing etc risks posed by certain offenders E+W

(1) In this section—

• “relevant sexual or violent offender” [F1 and “relevant terrorist offender” have the meanings] given by section 327;

• “responsible authority”, in relation to any area, means the chief officer of police, the local probation board for that area [F2 or (if there is no local probation board for that area) a relevant provider of probation services] and the Minister of the Crown exercising functions in relation to prisons, acting jointly.

(2) The responsible authority for each area must establish arrangements for the purpose of assessing and managing the risks posed in that area by—

(a) relevant sexual and violent offenders,

[F3 (aa) relevant terrorist offenders,]

(b) other persons who, by reason of offences committed by them (wherever committed), are considered by the responsible authority to be persons who may cause serious harm to the public [F4 , and

(c) other persons who have committed offences (wherever committed) and are considered by the responsible authority to be persons who may be at risk of involvement in terrorism-related activity.]

(3) In establishing those arrangements, the responsible authority must act in co-operation with the persons specified in subsection (6); and it is the duty of those persons to co-operate in the establishment by the responsible authority of those arrangements, to the extent that such co-operation is compatible with the exercise by those persons of their [F5 relevant functions].

[F6 (4) A person to whom subsection (4A) applies may, for the purpose described in subsection (2), disclose information to another person to whom subsection (4A) applies.

(4A) This subsection applies to—

(a) the responsible authority,

(b) a person specified in subsection (6), and

(c) a person who the responsible authority considers may contribute to the achievement of the purpose described in subsection (2).

(4B) A disclosure under subsection (4) does not breach—

(a) any obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(4C) But subsection (4) does not authorise a disclosure of information that—

(a) would contravene the data protection legislation (but in determining whether it would do so, the power in that subsection is to be taken into account), or

(b) would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

(4D) Subsection (4E) applies if a person who may disclose or receive information by virtue of subsection (4) would not otherwise be a competent authority for the purposes of Part 3 of the Data Protection Act 2018 (law enforcement processing) in relation to the processing by that person of personal data by virtue of that subsection.

(4E) The person is to be treated as a competent authority for the purposes of that Part in relation to the processing by that person of personal data by virtue of subsection (4).

(4F) But subsection (4E) does not apply to an intelligence service within the meaning of Part 4 of the Data Protection Act 2018 (see section 82(2) of that Act).

(4G) Subsections (4) to (4F) do not affect any power to disclose information apart from that conferred by subsection (4).]

(5) The responsible authority for each area (“the relevant area”) and the persons specified in subsection (6) must together draw up a memorandum setting out the ways in which they are to co-operate.

(6) The persons referred to in subsections (3) [F7 , (4A)(b)] and (5) are—

(a) every youth offending team established for an area any part of which falls within the relevant area,

(b) the Ministers of the Crown exercising functions in relation to social security, child support, war pensions, employment and training,

[F8 (ba) [F9 NHS England],]

(c) every [F10 local authority acting in the exercise of its relevant functions] any part of whose area falls within the relevant area,

(d) every local housing authority F11 ... any part of whose area falls within the relevant area,

[F12 (da) every local authority (in its capacity as a person exercising functions for the purposes of the health service) any part of whose area falls within the relevant area,]

(e) every [F13 private registered provider of social housing or] registered social landlord which provides or manages residential accommodation in the relevant area in which persons falling within subsection (2)(a) or (b) reside or may reside,

(f) every Health Authority F14 ... any part of whose area falls within the relevant area,

(g) every [F15 integrated care board or] F16 ... Local Health Board any part of whose area falls within the relevant area,

(h) every NHS trust any part of whose area falls within the relevant area, F17 ...

(i) every person who is designated by the Secretary of State by order for the purposes of this paragraph as a provider of electronic monitoring services [F18 , and

(j) the persons listed in section 48(1A)(a) to (e) of the UK Borders Act 2007 and any person acting pursuant to arrangements relating to the discharge of a function within section 48(1A) of that Act (persons exercising functions as the UK Border Agency)].

(7) The Secretary of State may by order amend subsection (6) by adding or removing any person or description of person.

(8) The Secretary of State may issue guidance to responsible authorities on the discharge of the functions conferred by this section and [F19 sections 326 and 327A].

[F20 (8A) Responsible authorities must have regard to any guidance issued under subsection (8) in discharging those functions.]

(9) In this section—

• [F21 “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);]

• [F22 “education functions” has the meaning given by section 579(1) of the Education Act 1996;]

• [F21 “involvement in terrorism-related activity” has the same meaning as in the Terrorism Prevention and Investigation Measures Act 2011 (see section 4 of that Act);]

• “[F23 local authority]” has the same meaning as in the Education Act 1996 (c. 56);

• “local housing authority” has the same meaning as in the Housing Act 1985 (c. 68);

• “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);

• “NHS trust” has the same meaning as in the [F24 National Health Service Act 2006];

• [F21 “personal data” has the same meaning as in the Data Protection Act 2018 (see section 3(2) of that Act);]

• “prison” has the same meaning as in the Prison Act 1952 (c. 52);

• [F21 “processing” has the same meaning as in the Data Protection Act 2018 (see section 3(4) of that Act);]

• “registered social landlord” has the same meaning as in Part 1 of the Housing Act 1996 (c. 52);

• [F25 “relevant functions means—

  (a)

  in the case of a local authority, the education functions and the social services functions of that authority;

  (b)

  in the case of any other person specified in subsection (6), the functions of that person under any other enactment;]

• [F26 “a relevant provider of probation services ” in relation to an area means a provider of probation services identified as such for the purposes of this section by arrangements under section 3 of the Offender Management Act 2007. ]

• F27 ...

• [F28 “ social services functions ” has the meaning given [F29 —

  (a)

  in relation to England,] by section 1A of the Local Authority Social Services Act 1970.

  (b)

  [F30 in relation to Wales, has the meaning given by section 143 of the Social Services and Well-being (Wales) Act 2014].]

Textual Amendments

F1 Words in s. 325(1) substituted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 189(2), 208(4)(x)

F2 Words in s. 325(1) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 19(16)(a)

F3 S. 325(2)(aa) substituted (28.4.2022) for word by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 189(3)(a), 208(4)(x)

F4 S. 325(2)(c) and word inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 189(3)(b), 208(4)(x)

F5 Words in s. 325(3) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 53(2)

F6 S. 325(4)-(4G) substituted for s. 325(4) (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 189(4), 208(4)(x)

F7 Words in s. 325(6) inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 189(5), 208(4)(x)

F8 S. 325(6)(ba) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 124(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F9 Words in s. 325 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F10 Words in s. 325(6)(c) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 53(3)(a)

F11 Words in s. 325(6)(d) repealed (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1)(2), Sch. 2 para. 53(3)(b), Sch. 3 Pt. 2

F12 S. 325(6)(da) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 124(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F13 Words in s. 325(6)(e) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 5, Sch. 2 para. 126 (subject to Sch. 3)

F14 Words in s. 325(6)(f) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 124(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F15 Words in s. 325(6)(g) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 67; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F16 Words in s. 325(6)(g) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 124(d)(ii); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F17 Word in s. 325(6)(h) repealed (20.7.2011) by Co-operation in Public Protection Arrangements (UK Border Agency) Order 2011 (S.I. 2011/1733), arts. 1, 2(a)

F18 S. 325(6)(j) and preceding word inserted (20.7.2011) by Co-operation in Public Protection Arrangements (UK Border Agency) Order 2011 (S.I. 2011/1733), arts. 1, 2(b)

F19 Words in s. 325(8) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 153, Sch. 26 para. 74(2); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(a)

F20 S. 325(8A inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 153, Sch. 26 para. 74(3); S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(a)

F21 Words in s. 325(9) inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 189(6), 208(4)(x)

F22 S. 325(9): definition of "education functions" inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 53(4)(b)

F23 Words in s. 325(9) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 53(4)(a)

F24 In s. 325(9) in definition of "NHS Trust" words substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 5, 8, Sch. 1 para. 254 (with Sch. 3 Pt. 1)

F25 S. 325(9): definition of "relevant functions" inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 53(4)(b)

F26 S. 325(9): definition of "a relevant provider of probation services" inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 19(16)(b)

F27 S. 325(9): definition of "social services authority" repealed (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1)(2), Sch. 2 para. 53(4)(c), Sch. 3 Pt. 2

F28 S. 325(9): definition of "social services functions" inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 53(4)(b)

F29 Words in s. 325(9) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 212(a)

F30 Words in s. 325(9) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 212(b)

Commencement Information

I1 S. 325 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))