Potentially Dangerous Persons Policy

1. Statement of Policy

Dyfed-Powys Police are firmly committed to protecting the public from dangerous offenders who pose a risk of serious harm. Successful delivery of this policing priority is essential in maintaining and enhancing public confidence in our Force and with our partner agencies.

Public Protection is not something that can be achieved alone.  Not one single agency has the capacity to protect the public in its entirety and strong and effective partnerships with other agencies are key to protecting the communities of Dyfed-Powys.

The aim of this policy is to ensure that Dyfed-Powys Police has a consistent and professional approach to the management of Potentially Dangerous Persons (PDPs).

This purpose is aligned with the College of Policing Authorised Professional Practice for the management of Potentially Dangerous Persons. This policy along with guidance documents will be available on the Force Intranet Site to assist staff with understanding their responsibilities in the early identification of risk and the ongoing management of offenders who pose an imminent risk of causing serious harm.  This policy details how Dyfed-Powys will identify PDPs in our community and manage these persons through a structured multi-agency approach.

This will be achieved by:

• Delivering guidance in respect of the management of un-convicted PDPs.
• Key information being made available to front line officers, clearly defining administrative duties which will assist Dyfed-Powys to support key policing objectives.
• Assisting officers in the recognition of the risks posed by dangerous individuals.
• Providing and responding to the identified risk by putting procedures in place to manage PDPs whilst they remain in the community.
• Ensuring PDPs are held accountable for their actions, where appropriate through the criminal justice system
• Minimising opportunities for PDPs to commit criminal acts.
• Adopting a multi-agency approach in the robust management of PDPs, working in partnership to protect the public, prevent crime and enhance the monitoring arrangements around PDPs.
• Improve the volume and quality of information sharing, risk identification and assessment and partnership working.
• All staff, in the adoption of this policy, and in exercise of their daily duties must ensure that:
• They follow a clearly defined decision-making process by detailing their objectives, assessing all available and relevant information and feasible options, documenting decisions, and reviewing outcomes.
• They give due regard to the welfare, safety, general well- being and human rights of all individuals.
• They do not unjustifiably discriminate against any individual or groups of individuals.
• Actions taken are justified, proportionate and the least intrusive and damaging option to be considered in alignment with the risk identified.

Applies (but not limited) to: All categories of Dyfed-Powys Police officers and staff, whether full-time, part-time, permanent, fixed term, temporary (including agency staff, associates and contractors) seconded staff and volunteers. Police officers, staff and volunteers accessing and using Force assets and property must have due regard to the contents of this policy.

 

2. Policy Scope

This Policy applies to all categories of Dyfed-Powys Police Officers, staff and volunteers whether full-time, part-time, permanent, fixed term, temporary (including agency staff, associates an contractors), seconded staff and volunteers.

Any Officer, staff and volunteer accessing and using Force assets and property must have due regard to the contents of this policy. 

The Policy is set to support managers, supervisors, officers, police staff and volunteers to deal effectively with all aspects in the assessment and management of the risks posed by potentially dangerous persons.

Although not defined in statute, the term Potentially Dangerous Person (PDP) is defined as an individual who has not been convicted of, or cautioned for, any relevant offence but whose behaviour gives reasonable grounds for believing that there is a likelihood of them committing an offence or offences that will cause serious harm.

PDPs due to their definition do not fall within the Dyfed-Powys Local Protocol and Policy document for Multi-agency Public Protection Arrangements (MAPPA) process.  There is no statutory process or framework that governs their management.  However, the principles of their management are similar in all aspects to the management of offenders within the MAPPA process and there is a clear benefit from utilising this framework.

The requirement and authority to manage PDPs lies in the positive obligations under the European Convention on Human Rights (ECHR), as incorporated by the Human Rights Act 1998. These are Article 2 (the right to life) and Article 3 (the right to freedom from torture or inhuman or degrading treatment or punishment).

Due to the non-statutory nature of this management process, additional procedural issues should be followed for PDPs and a guidance document is available to assist officers to follow the correct process.

Dyfed-Powys Police will work in partnership with external agencies to identify and ensure a robust risk management plan is in place for PDPs.

This policy will be made available for all staff to follow during the course of their duties and officers will be provided specific localised procedure guidance in line with the Authorised Professional practice of the management of Potentially Dangerous Offenders from the College of Policing.

Dyfed-Powys Police will define a PDP as a person who is not eligible for management under the Multi-Agency Public Protection Arrangements (MAPPA) process but whose behaviour gives reasonable grounds for believing that there is a present likelihood of them committing an offence or offences that will cause serious harm.

• Present likelihood means there is an imminent risk of serious harm being caused. The potential event is more likely than not to happen imminently, and the impact would be serious.
• Serious harm means life threatening and/or traumatic, and from which recovery, whether physical or psychological, can be expected to be difficult or impossible.
•  Violent and Sexual Offences recognised as meeting the threshold of serious harm are defined within Schedule 15 of the Criminal Justice Act (2003).

Identification of a PDP could be via a variety of means, for example:-

• Identified through a Police officer, staff member and volunteers.
• Subject of an unproved allegation of a Schedule 15 offence (CJA 2003) or allegations that a person has committed such an offence or exhibits behaviour that indicates they are highly likely to commit such an offence may indicate that a person could be classified as a PDP
• MAPPA co-ordinator refers a case whereby the individual has been referred into MAPPA but does not qualify under MAPPA, however, meets the criteria of a PDP.
• Individual is no longer subject to MAPPA but meets the criteria of a PDP.
• Another agency refers an individual they believe meets the criteria of PDP.
• Information or intelligence acquired or received by police.
• Referral from another agency, such as mental health services, childcare services, or social services
• Referral from any individual or unit in the police force with information that someone meets the PDP criteria.

Once referred in, cases are screened and assessed for suitability and if accepted an Risk Management Plan will be formulated.  A screening process will also take place at the stage of de-registration should it be deemed that person is no longer classified as a PDP.

Failure to identify and efficiently deal with PDPs at the earliest opportunity exposes the community to greater risk of harm.  Dyfed-Powys Police takes the management of offenders seriously and ensures robust monitoring provisions are in place in order to successfully manage any identified risk of all offenders, including PDPs who pose a significant risk to our communities.

Whilst this procedure provides a framework for identifying and managing PDP’s, it must not act as a barrier to taking immediate action that would be necessary to protect the public from serious harm where circumstances dictate.

 

3.  Powers and Policy/Legal Requirements

The purpose of this policy is to provide guidance to police personnel on the Management of un-convicted Potentially Dangerous Persons.

The legal basis of the exercise of powers and duties outlined in this policy are:-

• Human Rights Act 1998
• Data Protection Act 2018
• Criminal Justice Act 2003 Schedule 15
• Crime and Disorder Act 1998 – Section 115

The policy complies with the following guidance:-

• College of Policing Information and Records Management Code of Practice
• College of Policing APP Major investigation and public protection – Managing sexual offenders and violent offenders – Potentially dangerous persons
• National MAPPA Guidance 

Dyfed-Powys consider that these actions are necessary in the interest of safeguarding the public and to contribute to the prevention of disorder or crime; the protection of the public and the protection of the rights and freedoms of others.

The effective management of PDPs requires proactive information sharing between the relevant partner agencies that hold relevant information.   Information should therefore be shared in accordance with current Information Sharing Agreements within the limitations of Section 115 of the Crime and Disorder Act 1998, the Data Protection Act, and other relevant legislation. 

Those responsible for the management of PDPs must be mindful of balancing the human rights of the PDPs, namely an individuals’ right for a private life (Article 8) and to live free from degrading treatment (Article 3), balanced with the proportionate action that the police are duty-bound to take to protect the public’s right to life (Article 2).

 

4.  Options and Contingencies

The policy will be owned by the Head of Protecting Vulnerable People and will be monitored regularly by the Vulnerability Hub for:

• Its effectiveness
• Any changes to Home Office rules and National Police Chiefs Council guidance
• Changes in policy
• Any identified inefficiencies in relation to implementation

Approval Process: Approval decisions regarding the implementation of this policy will be made by the Head of Protecting Vulnerable People and the Strategic Vulnerability Board.

The force policy fully reflects the College of Policing national Authorised Professional Practice on Potentially Dangerous Persons, and operational guidance is held on the Dyfed-Powys Police Intranet site along with Vulnerability Hub supervisor contact details if advice and guidance is required.  The process is robustly and effectively managed by supervisors and managers to ensure continued compliance.

The Policy and guidance provide information on:

• The management of Potentially Dangerous Persons
• Identification of PDP’s
• Referral process
• Local Risk Management meetings
• Disclosure
• Information sharing
• Recording and monitoring of cases.
• De-registration of PDP
• Requests under Freedom of Information Act 2000

The guidance and processes identified in the policy are applicable to all police officers, police staff and volunteers who are involved in any aspects of the identification, recording, investigation and management of potentially dangerous persons.

Guidance is available. This enables information to be readily available to all officers and staff and volunteers within the Organisation. Contact details are also available for the Offender Management Detective Sergeant should any advice/ guidance be required.

All staff, in the adoption of this policy, and in exercise of their daily duties must act in accordance with the Code of Ethics ensuring:-:

• Courage
• Respect and Empathy
• Public Service

 

• They follow a clearly defined decision-making process by detailing their objectives, assessing all available and relevant information and feasible options, documenting decisions, and reviewing outcomes.
• They give due regard to the welfare, safety, general well- being and human rights of all individuals.
• They do not unjustifiably discriminate against any individual or groups of individuals.
• Actions taken are justified, proportionate and the least intrusive and damaging option to be considered in alignment with the risk identified.

 

 

5. Take action and review

Review of the PDP process will be conducted on a biennial basis to ensure the policy accurately reflects the force objectives in offender management. 

The eligibility of individuals as PDP will be assessed consistently at MAPPA meetings and on a weekly basis at the multi-agency selection panel, where referrals into MAPPA and other Offender Management programmes are screened.  The panel meet on a weekly basis at the Vulnerability Hub and consists of the MAPPA co-ordinator, Detective Sergeant, IOM Co-ordinator and Probation Team manager.  Referrals are reviewed and information shared between each agency. If an individual is identified as an un-convicted, non–MAPPA eligible offender but the behaviour of that individual demonstrates an imminent risk of serious harm, a recommendation into PDP will be made and actions set for Offender Managers to progress.

The VISOR unit create all PDP records in line with Home Office VISOR Standards.  All records of meetings are securely stored on the VISOR record of the PDP.

VISOR also complete data reviews on a monthly basis. The data for PDP’s will be collected separately and not incorporated into the data collection of sex and violent offenders, which is included in the MAPPA annual report.

It is expected that successful outcomes will significantly contribute to increased public confidence and satisfaction.

Strategic and operational oversight will be conducted by the Vulnerability Hub and reported quarterly to the Strategic Vulnerability Board to address areas of success or concern.

Complaints made by members of the public to the Professional Standards Department in relation to Offender Management for enforcement will be assessed against the Offender Management policy and procedural guidance.

 

CODE OF ETHICS CERTIFICATE OF COMPLIANCE

This policy has been drafted in accordance with the Code of Ethics and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Code and the principles underpinning it.

HUMAN RIGHTS ACT CERTIFICATE OF COMPLIANCE

This policy has been drafted in accordance with the Human Rights Act and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Act and the principles underpinning it.

EQUALITY IMPACT ASSESSMENT

Section 4 of the Equality Act 2010 sets out the protected characteristics that qualify for protection under the Act as follows: Age; Disability; Gender Reassignment; Marriage and Civil Partnership; Pregnancy and Maternity; Race; Religion or Belief; Sex; Sexual Orientation.

The public sector equality duty places a proactive legal requirement on public bodies to have regard, in the exercise of their functions, to the need to:

• eliminate discrimination, harassment, victimisation, and any other conduct that is unlawful under the Act;
• advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
• foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

The equality duty applies to all protected characteristics with the exception of Marriage and Civil Partnership, to which only the duty to have regard to the need to eliminate discrimination applies.

Carrying out an equality impact assessment involves systematically assessing the likely or actual effects of policies on people in respect of all the protected characteristics set out above. An equality impact assessment should be carried out on any policy that is relevant to the public sector equality duty. 

EQUALITY IMPACT ASSESSMENT COMPLETED: September 2024