Part 10: Management of offenders Chapter 4: Management of terrorist offenders Section 189: Arrangements for assessing etc risks posed by certain offenders
Section 189 makes amendments to the multi-agency public protection arrangements ("MAPPA") regime set out in sections 325 to 327 of the CJA 2003 to ensure MAPPA management of certain terrorist offenders once released on licence, or for the duration they are subject to terrorism notification requirements, and to enable other offenders considered to pose a terrorist risk to be managed in that way. It also expands the potential for information-sharing as part of MAPPA.
	Subsection (2) and (3)(a) amend section 325 of the CJA 2003 to create a new MAPPA category of "relevant terrorist offenders". The term ‘relevant terrorist offenders’ is to be defined by provision inserted into section 327 of the CJA 2003 by subsection (10). It includes those convicted of offences listed in Schedule 19ZA to the CJA 2003 (which is proposed to be substituted by the Counter-Terrorism and Sentencing Act 2021 ), equivalent service offences or offences found to have been aggravated by a terrorist connection, and given a custodial sentence of 12 months or more. It also includes persons who carried out acts amounting to such an offence but who were found unfit to plead or not guilty by way of insanity.
	Subsection (3)(b) inserts new subsection (2)(c) into section 325 of the CJA 2003, so that any convicted person who is considered by the responsible authority to pose a risk of involvement in terrorism-related activity can also be managed under MAPPA.
	Subsection (4) replaces the existing information-sharing power contained in section 325(4) of the CJA 2003. It does not restrict or displace any other existing information-sharing powers used by MAPPA agencies. New section 325(4) and (4A) provide a new power for the disclosure of information between the responsible authority, duty to cooperate agencies and other persons whom the responsible authority considers may contribute to the assessment and management of risk as defined under section 325(2).
	New section 325(4B) provides clarity in relation to disclosure of information about a person subject to MAPPA. Disclosure under section 325 will not breach any obligation of confidence owed by a person disclosing information, or any other restriction on the disclosure of information. This means that any information held by MAPPA agencies, or by other relevant persons, can be disclosed, for the purposes of MAPPA.
	New section 325(4C) places a limit on disclosure of information to confirm that subsection (4) does not permit disclosure which would contravene data protection legislation or would be prohibited by the Investigatory Powers Act 2016.
	New section 325(4D) to (4F) provide that a person who is permitted to disclose or receive information under MAPPA arrangements to be treated as a competent authority for the purposes of Part 3 of the Data Protection Act 2018, with the exception of intelligence services.
	New section 325(4G) clarifies that the new power created by new subsection (4) does not affect other information-sharing powers used by MAPPA agencies.
	Subsection (5) includes the new parties defined in subsection (4A) within the list of ‘duty to cooperate’ agencies.
	Subsection (6) inserts new definitions.
	Subsections (7) to (10) amend section 327 of the CJA 2003 which covers interpretation of section 325.
	Subsections (8) and (9) make minor amendments to section 327(3) and (4) to clarify the definition of relevant sexual or violent offender and ensure that those sentenced to life fall under this definition.
	Subsection (10) amends section 327 of the CJA 2003 to provide the definition of "relevant terrorist offender" referred to above. This new category is defined largely by reference to the notification requirement provisions of the Counter-Terrorism Act 2008.