Introduction
This topic provides information about making a decision to notify specific individuals that a CSO has moved into, or is living in, their community.
This topic outlines the process the area manager should follow to support their decision making.
Responsibility
The area manager is responsible for deciding whether to notify. The following people should also contribute to the decision:
- service manager(s).
- principal psychologists and those involved in the offender’s assessment or treatment.
- local police.
It may be necessary to include the regional manager, particularly for notifications about high risk and high profile offenders. The regional manager should be advised of all cases where the decision is made to notify.
Using the CSO11 CSO Notification Assessment/Planning Tool
When making the decision whether to notify, the area manager should complete the CSO11 CSO Notification Assessment/Planning tool.
This tool is used to guide the area manager through the decision making process and to record the rationale behind any decision about notification.
Risks and impacts of notification
When considering notification, the risks and impacts of the notification need to be clearly identified.
The decision to notify needs to be balanced between:
- the rights of the offender and their rehabilitation/reintergration, and
- the duty to inform specified individuals of the increased risk of the offender.
Where the offender is proposing to return to an area where the offence occurred or where they were initially arrested, the impact of notification on raising the offender’s profile and the possibility of community reaction will also need to be taken into account.
Risks and impacts of notification
The risk that notification will result in identification of the victims and/or other protected parties must be taken into account to ensure that the Department is not in contempt of court. Care must be taken to ensure that victims or witnesses are not identified.
The following details should be considered:
- the relationship the offender had with the victim (i.e. sibling, cousin or relative).
- the area where the offence took place.
- any other details that are likely to lead to the identification of the victim, witnesses or any other person(s) whose details have been suppressed.
Risk management strategies
The extent to what risk management strategies are in place for the offender will need to be considered.
The risk to specified individuals may be mitigated by other strategies, such as:
- sharing information with other agencies.
- support planning meetings.
- a higher degree of supervision.
Legal considerations
There are a number of legal provisions that need to be considered when making a decision about notification. Notification must be considered within the grounds of the appropriate legislation and all legal risks should be identified. These are outlined in the next chapter.
Supported accommodation/programmes
Any notification for offenders in supported accommodation or residential programmes must be discussed first with the regional manager.
Being in a programme does not exclude the offender from notification, however, the impacts on the programme and the offender’s rehabilitation will need to be carefully considered.
Note: If notification is decided for an offender in supported accommodation, CPS operations helpdesk must be informed of the planned notification.
Consultation with other agencies
Multi-agency liaison is critical when undertaking notification particularly with police and Child Youth and Family (CYF). Consultation with other agencies allows for:
- sharing information critical to risk management.
- early detection of escalating risk.
For example liaison could include:
- working with CYF to identify any vulnerable families/children in the area who could be potential targets for the offender.
- developing joint strategies to help prevent re-offending, such as joint visits with CYF to the families.
- discussing with local iwi/hapu/whanau leaders whether the offender would be welcome to return and what support they would offer them.
- discussing with the police any knowledge they have of how the community will react.
- identifying risk management strategies with programme providers.
Exceptional circumstances
In exceptional circumstances, a decision to notify may need to be made immediately. If this occurs, the regional manager must be advised as soon as possible.
