3. Duty to Co-operate Agencies (updated 2022)

Introduction

3.1 Section325(3) of the Criminal Justice Act 2003 (CJA 2003) requires the Responsible Authority (RA) to co-operate with the list of agencies specified in section 325(6) of the Act. They are known as Duty to Co-operate Agencies (DTC agencies).

3.2 This is a reciprocal duty; the CJA 2003 obliges DTC agencies to co-operate with the RA in establishing arrangements to assess and manage the risks presented by serious sexual, violent and terrorist offenders. This includes co-operating with other DTC agencies. DTC agencies are required to co-operate as far as they can, consistent with the exercise of their statutory functions.

3.3 s.325(4) of the CJA 2003 states that the duty to co-operate may include the exchange of information. For more about this, see Chapter 9 - Information-sharing.

3.4 The DTC agencies listed in s.325(6) of the CJA 2003 are as follows:

  • Youth offending teams (YOT)
  • Department for Work and Pensions (DWP)[1]
  • Ministry of Defence[2]
  • Education, social services[3] and health[4] functions of local authorities
  • NHS England[5]
  • The Health Authority
  • The Clinical Commissioning Group (CCG)[6] or Local Health Board
  • The NHS Trust
  • The local housing authority
  • Private registered providers of social housing[7] and registered social landlords providing or managing residential accommodation in which MAPPA offenders may reside
  • Providers of electronic monitoring services
  • UK Visas and Immigration, UK Border Force and UK Immigration Enforcement (Home Office)[8]

3.5 S.325(7) of the CJA 2003 enables the Secretary of State to add to this list, or remove from it, by means of secondary legislation. The relevant Order must be laid before Parliament in draft, and approved by both the House of Commons and the House of Lords, before it can be made.

1. Wording in CJA 2003 is “Ministers of the Crown exercising functions in relation to social security, child support, war pensions, employment and training.” [back]
2. In the capacity of exercising functions in relation to war pensions. [back]
3. Originally education authority and social services authority amended by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010, Sch.2 s.53. [back]
4. Added by The Health and Social Care Act 2012, Sch.5 s.124. [back]
5. Added as the NHS Commissioning Board by The Health and Social Care Act 2012, Sch.5 s.124. [back]
6. CCG replaced Primary Care Trust by The Health and Social Care Act 2012, Sch.5 s.124. [back]
7. Private registered provider of social housing added by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010, Sch.2 s.126. [back]
8. Added by Co-operation in Public Protection Arrangements (UK Border Agency) Order 2011, s.2. Wording is “the persons listed in section 48(1A)(a) to (e) of the UK Borders Act 2007 and any person acting pursuant to arrangements relating to the discharge of a function within section 48(1A) of that Act (persons exercising functions as the UK Border Agency).” [back]