Psi 06/2013 Unclassified Issue Date 11/02/2013

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Mandatory Use of ViSOR
This instruction applies to:- / Reference:-
Prisons – Prison Service Instruction (PSI)
Probation Services – Probation Instruction (PI) / PSI 06/2013
PI 03/2013
Issue Date / Effective Date
Implementation Date / Expiry Date
11 February 2013 / 11 February 2013 / 10 February 2017
Issued on the authority of / NOMS Agency Board
For action by / All staff responsible for the development and publication of policy and instructions
NOMS HQ
All prisons
Contracted Prisons*
Probation Trusts
Governors
Heads of Groups
Contract Managers in Probation Trusts
Probation Trust Chief Executives
* If this box is marked, then in this document the term Governor applies also to Directors of Contracted Prisons
Instruction type / Service Specification
For information / All staff in prisons and Probation Trusts with public protection and risk management responsibilities, Deputy Directors of Custody, Community Leads, Chairs of Probation Trusts, and NOMS HQ.
Provide a summary of the policy aim and the reason for its development / revision / This Instructionsummarises the mandatory requirements for prisons and Probation Trusts in England and Walesfor the use of ViSOR in their management of specific MAPPA (Multi Agency Public Protection Arrangements) offenders; andprovides an update on the revised security clearance required for staff involved in the use of VISOR.
Contact / Susan Fiddler - – Telephone: 0300 047 4494
Replaces the following documents which are hereby cancelled:PI 05/2009 and PSI 27/2009. All hard copies of these instructions must be destroyed
Audit/monitoring:Deputy Directors of Custody, Commissioners and Controllers will monitor compliance with the mandatory actions set out in this Instruction.Probation Trusts must demonstrate compliance with these actions when required to do so by contract managers and Commissioners.

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CONTENTS

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Section / Subject / For reference by
1 / Executive Summary / All staff in prisons and Probation Trusts with public protection and risk management responsibilities
2 / Operational Guidance
3 / Policy and Strategic Context
Annex A / Identification of MAPPA Offenders
Annex B / Lead Agency Role in ViSOR
Annex C / Prison and Probation Minimum Data Sets
Annex D / Summary of the Final Evaluation Report of the NOMS ViSOR Access Pilots
Annex E / ViSOR Standards Link
Annex F / Required Vetting Levels for ViSOR Users
Annex F (i) / Security Requirements – Background Information
Annex F(ii) / Frequently Asked Questions about Vetting
Annex F(iii) / The ACPO / ACPOS National Vetting Policy for the Police Community February 2012 Version 3.1
Annex G / ViSOR Physical Security Requirements
Annex H / Contact List of Force Vetting Officers

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1.Executive Summary

Background

1.1This Instruction reiterates the mandatory requirements for prison establishments andprobation trusts in England and Wales to use ViSOR in their management of specific MAPPA (Multi Agency Public Protection Arrangements) offenders; and provides an update on the revised security clearance required for staff involved in the use of VISOR.

1.2ViSOR is a national confidential database that supports MAPPA. It facilitates the effective sharing of information and intelligence on violent and sexual offenders between the three MAPPA Responsible Authority agencies (police, probation andprisons), as well as the recording of joint risk assessments and risk management plans. ViSOR was initially an acronym for the Violent and Sexual Offender Register, but was expanded by the police to record information on some non-convicted subjects (known as potentially dangerous persons) and terrorist offenders. ViSOR is no longer an acronym but is the formal name of the database. ViSOR is tobe used by MAPPA Responsible Authoritiesin discharging their statutory responsibilities to assess and manage the risks presented by known sexual and violent offenders.

Desired outcomes

1.3That each Responsible Authority agency contributes relevant information that must be accurate, complete and timely to deliver effective risk management of offenders and to provide constructive management reports.

1.4That staff accessing ViSOR will haveundertaken the relevant training and have the appropriate security clearance in accordance with their ViSOR-designated role and in accordance with new requirements introduced by the Association of Chief Police Officers (ACPO) National Security and Vetting Policy. ViSOR is owned by the Home Office, Police ICT Company Directorate.

Application

1.5Relevantto all staffin NOMS HQ,Prisons and Probation Trusts who arelikely to be involved in the use of ViSOR.

Mandatory Actions

1.6Governors and Chief Executives of Probation Trusts must ensure that all relevant staff are aware of, and comply with, the mandatory requirements which are provided below.

• Prison establishments must ensure they request to be made a partner to the police-owned ViSOR records of all MAPPA Category 1 registeredsexual offenders (RSOs) and those MAPPA Category 2 offenders who are registeredterrorist offenders (RTOs) subject to Part 4 notification requirements of the CounterTerrorism Act 2008. Details of MAPPA Categories and MAPPA Levels are attached at Annex A.

• Prisons must ensure that they are made a partner to MAPPA Category 2 records and Category 3 ViSOR records, where the Probation Trust is managing the offender, once the MAPPA level has been set and the Probation Trust has created a ViSOR record. Probation Trusts must respond within 3 working days to partner requests from prisons.

• Probation Trusts must create and manage ViSOR records forall MAPPA Category 2 offenders, managed at MAPPA Level 2 or 3, with the exception of registered terrorist offenders subject to Part 4 notification requirements, no later than six months before release from prison, youth custody or hospital.

• Probation Trusts must create and manage ViSOR records for MAPPA Category 3 cases where the offender is under statutory probation supervision,and for cases where the offender has been moved from MAPPA Category 2 to Category 3 at the end of licence and still requiresMAPPA management at Level 2 or 3.

• Probation Trusts must make the relevant policeforce a partner to all Category 2 and Category 3 probation-owned ViSOR records.

• Probation Trusts must ensure that they are partnered to all RSOs and RTOs managed at MAPPA Level 2 or 3 and when alocal Responsible Authority agreement provides, to those managed at MAPPA Level 1.

• Probation Trusts must ensure,where an RSO or RTO is subject to statutory probation supervision, that the Trust is recorded as the lead agency in the police-owned ViSOR record. Details of the lead agency role are attached atAnnex B.

• Prisons and Probation Trusts must adhere to the ViSOR minimum dataset designated for the Prison Service and Probation Trust respectively and reconcile their case management (ie P-NOMIS, DELIUS) and MAPPA systems with their ViSOR records to ensure accuracy and consistency. Details of the Prison and Probation Trust ViSOR business models, including the minimum dataset and operational guidance for ViSOR,are attachedat Annex C. Probation Trusts were invited in November 2011 to retain or extend the Probation ViSOR business model, by facilitating access for relevant offender managers and/or case administrators. If Probation Trusts are extending their models they will have to consider the equality impact and undertake business impact assessments accordingly. Details of the extended business proposal are attached at Annex D.

• Prisons and Probation Trusts must comply with the ViSOR Standards Document and any subsequent revised VISOR Standards Document. Details of the ViSOR Standards Document are attached at Annex E.

• Prisons and Probation Trusts must undertake necessary security clearances on all staff using ViSOR. Only staff who have passed accredited training and been authorised by the relevant Central Point of Contact(CPC) can legitimately use the ViSOR system. Details of security clearance are attached at Annex F.

• Deputy Directors of Custody must ensure they have a ViSOR Central Point of Contact (CPC) for the prisons, including contracted-out prisons, in the regions for which they are responsible. Details of the Prison ViSOR CPC role are explained within the operational guidance section 2.4. Governors must ensure they have enough establishment-based ViSOR users. Probation Trusts must ensure they have a Central Point of Contact (CPC), ViSOR administrators, user account creators, ViSOR trainers and enough ViSOR users in their locality. The required ViSOR activity will not be achievable if these functions are not covered, so succession planning should be a key component of managerial oversight.

• Prisons and Probation Trusts must be represented at the ViSOR Regional User Group and comply with the current and any subsequent revised ViSOR physical security arrangements. Details of the physical security arrangements are at Annex G.

Resource Impact

1.7As noted in 1.1, there are no new requirements in this Instruction other than those in relation to security clearance. Checks for staff undertaking the VISOR role of CPC (CentralPoint of Contact); System Administrator or Central Support have been revised fromSecurity Check (SC) clearance to Non-Police Personnel Vetting (NPPV) Level 3. All other ViSOR users are now required to have Non-Police Personnel Vetting Level 2ratherthan the Baseline Standard Check (BSC),plus a Criminal Records Bureau(CRB)check. Details of the security clearance requirements are given at Annex F. The cost of the transition of existing ViSOR users to meet the revised security requirements will be met by local police forces.

(Signed)

Digby Griffith

Director of National Operational Services, NOMS

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1. Operational Guidance

2.1All of the relevant MAPPA population should be entered on VISOR, including those offenders currently serving custodial sentences.

2.2 The responsibility for creating and managing ViSOR records is as follows:

For Category 1 registeredsexual offenders and Category 2 registered terrorist offenders subject to Part 4 notification requirements:

It is the relevant police force’s responsibility to “enter”such cases on ViSOR – ie, create what is known as a ViSOR nominal for each case. Best practice is to create a nominal entry within three days of sentence. Under their own instructions and guidance, the police should ensure that the record is maintained to the National ViSOR Standards.

While the offender is in custody, the relevant police force should create the Prison Service (ie, the prison establishment where the offender is located) as a partner to the ViSOR nominal record in all cases, and the Probation Trust (ie, the Trust that will have responsibility for the offender within MAPPA) as partner for MAPPA level 2 and 3 cases. With the agreement of the local Responsible Authority, the police have the option also to create the Probation Trust as a partner in relevant MAPPA level 1 cases.

For Category 2 violent and other sexual offenders:

It is the responsibility of the Probation Trust to “enter”(ie, create a ViSOR nominal for) allCategory 2 cases (with the exception of RTOs subject to Part 4 notification requirements) managed at level 2 or 3, including cases managed by YOTand mental health services. This must be done no later than six months before release from prison,youth custody, or hospital. The Trust must then manage the record after release.

Probation Trusts will be responsible for:

• ensuring that the ViSOR record is maintained according to National ViSOR Standards;

• ensuring that the Prison Service (ie, the prison establishment where the offender islocated) is created as a partner to the ViSOR record whilst the offender is in custody;

• ensuring that the relevant MAPPA coordinator is created as a partner to the ViSOR record, in cases where offenders are detained in hospital out of area; and

• activating the MAPPA flag on the Trust’s case management systems within three working days of the sentence. The flag should include the MAPPA level whenever this is determined, which must be no later than six months before release.

For Category 3 other dangerous offenders:

It is the responsibility of the Probation Trust to “enter” (ie create a ViSOR nominal for) and manage ViSOR records for MAPPA Category 3 cases where the offender is under statutory probation supervision, and for those cases where the offender has been moved from MAPPA Category 2 to Category 3 at the end of licence and still requires MAPPA management at Level 2 or 3.

The police will be responsible for managing information on ViSOR in relation to all other Category 3 offenders.

2.3 All ViSOR records must be promptly and accurately maintained and updated by ViSOR record managers and relevant partners.

2.4The Prison Servicehas the following specific responsibilities:

• The ViSOR database is programmed to have one prison ViSOR CPC for each prison region. It has been agreed by the Deputy Directors of Custody and contracted-out services that the Regional Deputy Director of Custodywill appointa ViSOR CPC for each region and that the CPC will have responsibility for maintaining the ViSOR accounts and undertaking visor log-on audits for all the prisons in their region. This includescontracted-out prisons and high-security establishments.

• The receiving prison, as part of the reception process,must check whether anoffender is MAPPA-eligible and ensure this is flagged on the prison casemanagement system.

• The receiving prison must send a request to the police offender manager within seven days to request to be made a partner to the record where the offender is a Category 1 RSO or a Category 2 RTO subject to part 4 notification requirements.

• Whenever an offender transfers to a different prison, the prison from which the offender is being transferred must notify the police offender manager of the transfer and thenew location by using the Custody Attachment and Activity Log on the ViSOR record;request that it is no longer partner to the record; and request that the receiving prison be made a partner. The receiving prison should confirm their partnership status.

• Each prison must update any Attachment asrelevant, and ensure that the Custody Attachment is updated withkey dates and licence conditions when they are set.

• Where the offender is a Category 2 violent or other sexual offender or a Category3 other dangerous offender, a check must be made to see which agency ownsthe nominal record and a request sent there to be madea partner to the record.

• Whenever an offender moves from prison to another secure location, e.g. a hospital,it is the responsibility of the original prison tonotify the police offender manager or Probation CPC/LPC of the transfer and the newlocation.

2.5 Records of all MAPP meetings that may affect a risk management plan must beentered on ViSOR within the Risk Management Plan Attachment, by the relevant agency in the hostarea and on every occasion, according to the following timescales:

• Level 3 meetings within 5 working days;

• Level 2 meetings within 10 working days.

2.6When an offender ceases to be identified as a relevant MAPPA case,the ViSOR record on the database will be archived. This means that the information will remain within the ViSOR database and, if necessary, can be re-activated. The ViSOR record will be retained until the100th anniversary of the individual’s birth. At this point it will be reviewed and, in most cases, will be removed from ViSOR.

2.7The period for which an offender remains subject to MAPPA varies significantly. Some will be subject to MAPPA for life, others for less than six months. The period will depend on the offence committed and the length of the sentence imposed.

2.8Category 2 offenders will be discharged from MAPPA and archived on licence expiry, discharge from hospital, discharge frompost-hospital supervision, or revocation of Disqualification Order. They may alternatively be re-categorised as a Category 3 offender, ie where the licence has terminated but the offender still requires MAPPA Level 2 or 3 management.

2.9The current Probation Trust business model proposes that the ViSOR records of Category 2 offenders should be archived when they are no longer managed at MAPPA Level 2 or 3, although this can be varied, subject to local Responsible Authority agreement, on a case-by-case basis.

2.10Category 3 offenders will be discharged from MAPPA and archived when a Level 2 or Level 3 MAPP meeting decides that the risk has reduced significantly.

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1. Policy and Strategic Context

3.1 The ViSOR databasesupports the Multi Agency Public Protection Arrangements (MAPPA).

3.2The Criminal Justice Act 2003 (CJA 2003) provides for the establishment of MAPPA in each of the 42 Criminal Justice Areas in England and Wales. These are designed to protect the public, including previous victims of crimes, from serious harm by sexual and violent offenders.

3.3The Guidance on MAPPA 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. These agencies are required to have regard to the Guidance so they need to demonstrate and record their reasons if they depart from it.

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ANNEX A

Identification of MAPPA Offenders

Category 1 - registered sexual offender (RSO)

This includes offenders required to comply with the notification requirements set out in part 2 of the Sexual Offences Act 2003 (SOA 2003).

Category 2 - violent and other sexual offenders

This includes:

• murderers;

• offenders who have been convicted of an offence under Schedule 15 of the Criminal Justice Act and:

-who has been sentenced to 12 months or more in custody; or

-who has been sentenced to 12 months or more in custody and is transferred to hospital under s.47 / s.49 of the Mental Health A 1983 (MHA 1983) or

-who is detained in hospital under s.37 of the MHA 1983 with or without a restriction order under s.41 of the Act;

• offenders subject to a disqualification order imposed under sections28 to 29A of the Criminal Justice and Court Services Act 2000.

Category 3 - other dangerous offenders