Part 13Miscellaneous

Assessing etc. risks posed by sexual or violent offenders

I1325Arrangements for assessing etc risks posed by certain offenders

1

In this section—

  • “relevant sexual or violent offender” has the meaning given by section 327;

  • “responsible authority”, in relation to any area, means the chief officer of police, the local probation board for that area F1 or (if there is no local probation board for that area) a relevant provider of probation servicesand 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, and

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.

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 F2relevant functions.

4

Co-operation under subsection (3) may include the exchange of information.

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) 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,

F17ba

the National Health Service Commissioning Board,

c

every F3local authority acting in the exercise of its relevant functions any part of whose area falls within the relevant area,

d

every local housing authority F4. . . any part of whose area falls within the relevant area,

F18da

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 F5private 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 F19... any part of whose area falls within the relevant area,

g

every F20clinical commissioning group orF21... 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, F15...

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 servicesF16, 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 F6sections 326 and 327A .

F78A

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

9

In this section—

  • F8 “ education functions ” has the meaning given by section 579(1) of the Education Act 1996;

  • “F9local 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 F10National Health Service Act 2006;

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

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

  • F11“relevant functions means—

    1. a

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

    2. b

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

  • F12 “ 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.

  • F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F14 “ social services functions ” has the meaning given by section 1A of the Local Authority Social Services Act 1970.