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Contents

1. Background
2. Main Areas of Work
3. Transfer of Cases from the YOT to SPA
4. Other Issues

1. Background

The Crime and Disorder Act 1998 introduced widespread changes to the provision of youth justice services. These include the establishment of multi-agency youth offending teams, the creation of the Youth Justice Board, new Court orders, the requirement to prepare an annual Youth Justice Plan, the speeding up of the criminal justice system and a new principal aim for the youth justice system to prevent offending by children and young people.

SPA will second one full-time Probation Officer to the East Sussex YOT with effect from 1 January 2000 and continue to provide certain services for young offenders, as detailed in Specific Areas below.

2. Main Areas of Work

General Principles

The YOT will undertake all work with young people/young offenders aged 10-17 inclusive, as specified in the National Standards for Youth Justice issued by the Youth Justice Board. This will include:

• Provision of Appropriate Adult services under PACE
• Assessment and Intervention work following Final Warnings
• Bail, remand and Court work services in the Youth Court
• Provision of all reports to Courts on young people up to the age of 17 years and 9 months or under current supervision to the YOT (17 years and 9 months onwards will be undertaken by SPA)
• Holding all community orders
• Responsibility for through and aftercare provision for young people sentenced to Detention and Training Orders and Section 91 Orders
• Delivering Referral Orders

Specific Areas

Crime Prevention

The YOT will be involved in promoting and supporting services that seek to prevent offending by children and young people. This links locally to the Community Safety Plan and to other initiatives such as New Deal for Communities and the Neighbourhood Renewal Areas.

Youth Court Duty

The YOT will provide Court duty cover in Brighton and Hove Youth Court, this will include standby duty cover for Saturday and emergency Courts. The YOT will notify SPA of any outcomes as necessary.

Bail Support

The YOT will provide bail support and bail information services to Brighton & Hove Youth Court on Youth Court days and an on-call service at other times. Effective liaison will need to take place between the YOT and Probation Bail Information Officers particularly where 18 year olds appear in the Youth Court.

Community Rehabilitation Orders

The YOT will take on responsibility for Community Rehabilitation Orders on 16 and 17 year old offenders, subject to section 4.1 below.

Community Punishment Orders

Community Punishment Orders on 16 and 17 year old offenders will continue to be managed and held by SPA through the existing structures. A member of the Community Punishment Team has been identified as the Liaison officer for the YOT.

Breaches of CROs, CPOs and CPROs

YOT Staff will prepare and prosecute breaches of cases held by the YOT. Existing cases still held by SPA will be prosecuted by probation Staff. Where a breach is contested, the YOT will have access to County Solicitors as currently used by Probation.

Victim Contact Scheme

Where parole is being considered for those serving sentences for serious sexual and violent offences, SPA will continue to undertake victim contact as specified in the protocol between SPA and B & H Children, Families and Schools Department. The YOT Supervising Officer will be responsible for notifying SPA’s local Victim Liaison Officer of any young person serving a custodial sentence of 12 months or more for an offence of violence, or convicted of a sexual offence.

Public Protection Team

SPA Public Protection Team will take on referrals for young people who are convicted of serious sexual or violent offences where release will take place after the offender has reached 18 years.

Sex Offenders

Work with young people who commit sexual offences will be the prime responsibility of the YOT (accessing TACT). Subject to local negotiation, this may be considered more appropriate for certain offenders aged 18 or more.

Crown Court Liaison

The YOT will continue to access the SPA Crown Court Liaison Team in terms of providing liaison and monitoring of Court outcomes. YOT Court Liaison Officers will assist/provide information to the Crown Court Liaison Team in dealing with young offenders who are not accompanied by YOT Staff.

Adult Magistrates Court

SPA will continue to provide Court duty cover for offenders under the age of 18 who appear in an adult magistrates Court. This will include providing written notification of outcomes to the YOT of any offender under the age of 18 who has appeared in Court.

Drug Treatment and Testing Orders

Special arrangement will need to be made to separate sixteen and seventeen year olds from adult offenders. The YOT/ru-ok will assess the young person, prepare the Court report and liaise closely with the lead DTTO/DRR Probation Officer. The Probation Officer in the YOT will take responsibility for liaison between the YOT and Probation on any issues arising.

Detention and Training Orders

The YOT will undertake all work on DTOs.

Multi Agency Public Protection Arrangements (MAPPA)

The YOT will work within MAPPA protocols and will refer cases to the Risk Assessment Meeting (RAM) and MAPPP as appropriate. Sussex YOTs are represented on the MAPPA management board and Brighton & Hove YOT will receive agenda for both RAM and MAPPP meetings locally.

3. Transfer of Cases from the YOT to the SPA

Principles:

• The protection of the public and the prevention of re-offending are paramount
• Transfer must have regard to the needs, maturity and vulnerability of the young person (with reference to relevant children’s legislation).
• Case transfer will take place in a timely manner. A three-way handover meeting is best practice. This should always take place for high risk of harm cases.
• All cases to be transferred will have a current risk assessment.
• The transfer of any offender who is being managed within multi-agency public protection arrangements (MAPPA) at level 2 or 3 should be considered by the relevant MAPPA meeting.
• If the offender is a prolific or other priority offender (PPO), or is being targeted under the Prevent and Deter stand of the PPO programme, SPA will be informed.

Community Sentences

• Supervision Orders will be supervised by a YOT member until completion.
• Community Rehabilitation Orders and Community Punishment and Rehabilitation Orders made on young offenders under the age of 18 years will be supervised by the YOT when the sentence is passed prior to the young person attaining the age of 17 years 9 months. Young offenders sentenced after attaining the age of 17 years 9 months will be supervised by SPA.
• Transfers of exisiting CRO’s/CPRO’s/Cos with requirements to SPA, held by YOT, will be negotiated and take place on or around the young persons eighteenth birthday (subject to their being at least 6 months supervision period remaining).
• All other community sentences made on 17 year olds will be supervised by the YOT until completion.

Custodial Sentences other than Detention and Training Orders (‘Grave Crimes’)

• Transfer of young people subject to longer custodial sentences who are approaching their 18th birthday will be planned and agreed on an individual basis in accordance with the National Standards for Youth Justice. A change of supervising officer will not normally take place within a period of 3 months of release.

4. Other Issues

Information Sharing

The YOT and SPA will exchange information freely on young offenders, subject to the provisions of other protocols on information sharing. The Probation Officer seconded to the YOT will have access to the SPA database and any SPA files as necessary. The YOT will share all information with SPA as necessary, subject to the requirements of Section 115 of the Crime and Disorder Act 1998.

Evaluation

As a partner agency in the YOT, SPA will contribute to the joint evaluation of service developments within the YOT.

Supervision of SPA Staff in the YOT

Supervision of the Probation Officer seconded to the YOT will be undertaken by the Operations Manager in the Team who is accountable to the YOT HOS. An appraisal will be prepared on an annual basis in line with Probation Codes and Conditions of Service. An annual meeting will take place between the named Senior Probation Officer and the Probation secondee to review the secondment and professional development issues arising from the YOT appraisal process.

The named Senior Probation Officer will act as the long-arm liaison Manager to the Probation Officer seconded to the YOT. This will provide support and contact with the Probation Service.

Continuing Liaison

Further liaison meetings should take place at least every three months between the local YOT Manager and the local named Senior Probation Officer, to include a review of the operation of this protocol, as necessary.

End.