5.1.6 Intensive Supervision and Surveillance Programmes

RELEVANT LINKS

Introduction
ISSP Referral and Information Sharing
Breach
Wider Crime Prevention Initiatives

Appendix A - Legal Basis for the Exchange of Information

1. Introduction

KEYWORDS: All Youth Offending specific terms, such as 'Stand-Down' or 'Pre-Sentence Report (PSR)' are defined in Keywords . To view the definitions click on the Keywords button at the left of this page.

The Intensive Supervision and Surveillance Programme (ISSP) targets the most prolific and serious young offenders in the community. ISSP is not a new order but can be attached as a condition of community penalties, bail or post-custody licence under existing legislation. It is the most rigorous alternative to custody available, combining individually tailored programmes to tackle offending behaviour with close monitoring and strict enforcement to reassure and protect the public.

In Sussex there are two ISSP schemes, which will be delivered by the local Youth Offending Teams (YOTs).

The Blackpool ISSP will target young offenders who are at risk of receiving a custodial sentence and to young offenders on Bail and post custody.

The YOT will be responsible for identifying young offenders eligible for ISSP and providing a suitable programme.

The duration of each ISSP is six months (if sentenced in Court), with an initial three months intensive phase with 25 hours minimum weekly supervision supported by electronic monitoring and other tracking devices.

On completion of the ISSP, young people will continue to be monitored by the Youth Offending Team via community supervision. Young people who breach their ISSP will be promptly returned to Court and can be sentenced to custody.

The Police have a crucial role in the success of ISSP by providing data and intelligence on young offenders, assisting the monitoring of young people on ISSP and ensuring a swift return to Court for those who fail to comply.

The agreement set out in this document aims to facilitate the sharing of information between the YOTs and Lancashire Police and clarify the processes for effective monitoring of young people on ISSP.

2. ISSP Referral and Information Sharing

Any information transferred between a YOT and the Police will be treated in accordance with existing information sharing policies and the three principles set out below:

Confidentiality - protecting sensitive information from unauthorised disclosure or interception;
Integrity - safeguarding the accuracy and completeness of information;
Availability - ensuring that information and vital services are available to users when required.

Responsibilities of the YOTs

The ISSP Co-ordinator will consult the relevant Police Officer prior to recommending an ISSP and inform the Court that the programme and enforcement has been jointly agreed.
The ISSP Co-ordinator will consult the relevant police officer when conducting reviews of individual ISSP programmes;
Where possible, within one working day of the Court making an ISSP order, the ISSP Team will provide the police with this information:

The name, offences and disposal data from Court;-

A copy of the planned ISSP timetable, confirming the commencement date and details of supervision and monitoring elements, including those elements (for example Home visits) which the Police have agreed to deliver.
The ISSP Team will provide a weekly timetable (that details the 25 hour programme of activities) to the relevant police officer in respect of those young people on ISSP.
The YOT will provide intelligence (which may be unsubstantiated) that could assist the Police in preventing further offending or in detecting crimes.
The YOT will inform the Police of any information relating to the whereabouts of a young offender when a warrant for their arrest is outstanding, and, where appropriate, accompany the young person to the Police station.
The ISSP Team will notify the Police within one working day of a young person ending an ISSP programme, specifying the reason.

Responsibilities of Lancashire Police

Lancashire Police will ensure that respective YOT Police representatives have access to relevant Police information systems in respect of charging data (e.g. PNC).
The nominated police officer will provide details to the relevant YOT as soon as possible following a contact, sighting or incident that would indicate a failure of the young person to comply with the ISSP programme (based on the timetable details provided);
Lancashire Police will provide information to YOTs on a regular basis, which suggests an increased risk of re-offending of young people on ISSP . YOTs will respect police decisions about whether this information can be made known to the young person.
Custody Sergeants will supply information by fax immediately on all arrests of young people on ISSP (a standard notification form for young people starting ISSP sent to the relevant officer will include contact details of relevant ISSP Co-ordinators).
Lancashire Police will consider YOT advice about the appropriateness of circumstances for arrest, for example the impact of an arrest of the young person.

3. Breach

In the event of breach, the ISSP Co-ordinator will process the breach through the relevant youth or crown Court and notify the nominated police officer (or District Commander) as soon as possible.
When a warrant for arrest is issued by the Court, Lancashire Police will execute the warrant (or arrest for breach of bail) as soon as possible on receipt of notification.
For ISSP cases, warrants will be treated as Category A warrants. ISSP cases will be appropriately flagged in Lancashire Police information systems.

3. Wider Crime Prevention Initiatives

The ongoing exchange of information will allow the Police to inform their local policing priorities and operational initiatives to reduce crime via prevention and enforcement activities.

On Police request, the YOT will attend meetings where ISSP cases will be discussed amongst police officers and co-operate with Police initiatives to reduce offending in this target group.

Appendix A - Legal Basis for the Exchange of Information

Data Protection Act 1998 and Crime and Disorder Act 1998

Section 29 of the Data Protection Act 1998 allows personal information to be held for the prevention and detection of crime as long as this role is imposed on an organisation by law. Organisations using personal data in these circumstances are exempt from section 7 of the Act, to ensure a right of access to the information by the individual concerned.

Section 40 of the Crime and Disorder Act 1998 establishes the principle aim of Youth Offending Teams to prevent offending by children and young people. Section 115 of this Act provides that any person (including the YOT or Police) can lawfully disclose information for the purposes of the Act to the Police, Local Authorities, Probation Service or Health Authority.

Interpretation of legislation

On the basis of the above legislation, YOTs and the Police can both hold personal information and exchange it for the purposes of crime prevention. By virtue of exemption from Section 7 of the Data Protection Act, where information is provided to the YOT by the Police (for example on current associates), there is no obligation of disclosure on the YOT to the young person. This enables the YOT to respect the Police wishes to keep certain types of intelligence as confidential.

However, prior to exchanging information the organisation holding the information will need to consider whether they are bound by the 'common law duty of confidentiality'. In accordance with paragraph 70 of the Youth Justice Board's 'Guidance for Youth Offending Teams on Information Sharing', this means that in every case the organisation holding the data must objectively assess whether the public interest justifies disclosure. If the prevention or detection of crime would be prejudiced if the disclosure where not made, then disclosure may be regarded as being in the public interest. In the case of ISSP, the exchange of information outlined in Appendix B is to ensure compliance with the ISSP programme and for the effective targeting of programmes to prevent further offending by the young person and therefore may be regarded as in the public interest.

As long as information is exchanged with the primary aim of preventing offending, there is no requirement to notify the young person that information is to be shared between the Police and the YOT. However, it may benefit the ISSP programme if the young person is aware that their actions are being monitored by both the YOT and the Police and that any such information will be shared. This may be most effectively done in a 'contract' which the young person signs when joining the ISSP scheme in which the principles of information sharing are explained most schemes will have a 'contact contract' or agreement with the young person.

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