Terms of reference published for the Review of the Multi-Agency Review Arrangements

Criminal Justice Inspection Northern Ireland (CJI) has been requested by the Minister of Justice to undertake a Review of the arrangements to assess and manage the risks posed by Terrorist Risk Offenders (TROs) in Northern Ireland (the Review.)  These arrangements are known as the Multi-Agency Review Arrangements (MARA) and were established by Guidance issued under Article 50 of the Criminal Justice (Northern Ireland) Order 2008.[1]

In September 2021 the Minister of Justice issued her Department’s Article 50 Guidance (the Guidance) on MARA to the Department of Justice (DoJ), the Northern Ireland Prison Service (NIPS), the Probation Board for Northern Ireland (PBNI) and the Police Service of Northern Ireland (PSNI) and required the organisations to share information and work together to:

a)  support the assessment and management of the risk posed to the public by individuals classified under these arrangements as TROs; and

b)  support the rehabilitation of TROs. 

Previous arrangements to supervise terrorist and politically motivated offenders by the PBNI had ended in response to a threat against the organisation.  The Guidance therefore stated that the PBNI was not responsible for, or involved in, the supervision or management of individuals classified as TROs under the arrangements.  In 2021, the National Security Division of His Majesty’s Prison and Probation Service (HMPPS) were commissioned by the DoJ to provide the supervisory function for individuals managed under the MARA. 

The Guidance placed a duty on the organisations to keep the arrangements under review with a view to monitoring their effectiveness.  In September 2024 the Minister of Justice requested that the Chief Inspector of Criminal Justice in Northern Ireland conduct a review of the MARA. 

As this is the first time CJI has reviewed the arrangements for managing TROs and the services provided by HMPPS, support from His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS), His Majesty’s Inspectorate of Prisons (HMI Prisons) and His Majesty’s Inspectorate of Probation (HMI Probation) has been sought to plan and undertake this Review, drawing on the expertise and experience of the Criminal Justice Joint Inspection of Counter-Terrorism in England and Wales (see context section).  CJI has previously worked with HMI Probation to inspect the work of the PBNI (the most recent report on Probation Practice was published in 2020^[2]) and with HMI Prisons on inspections of prisons in Northern Ireland (most recently inspections of Hydebank Wood Secure College and Women’s Prison undertaken in June 2024 and published in November 2024^[3]).  Scoping for this Review commenced in late 2024 with introductory meetings with the partner organisations, followed by a workshop in February 2025. 

This Review will principally consider the work of the DoJ, the National Security Division of HMPPS, the NIPS and the PSNI.  The role of the PBNI insofar as it contributes to the operation of the arrangements will also be reviewed.

Context
There are longstanding multi-agency arrangements to manage violent and sexual offenders across the United Kingdom and the Republic of Ireland.  The Multi-Agency Public Protection Arrangements (MAPPA) across England, Wales and Scotland, the Public Protection Arrangements in Northern Ireland (PPANI) and the Sex Offender Risk Assessment and Management (SORAM) in the Republic of Ireland, although subject to differing legislation and guidance have the same underlying principles and intention.  The Criminal Justice (Northern Ireland) Order 2008 placed previously voluntary arrangements onto a statutory footing, leading to the establishment of PPANI.  CJI has previously undertaken a number of inspections of the PPANI, most recently in 2019.^[4]

In England and Wales MAPPA established arrangements for assessing and managing the risks posed by certain categories of offenders.  Category 4 includes individuals subject to notification requirements under the Counter-Terrorism Act 2008,^[5] convicted of terrorism offences who have been sentenced to 12 months or more in custody or to detention in hospital and are living in the community; and those who have committed an offence and may be at risk of involvement in terrorism-related activity. 

In July 2023 the report of a Counter-Terrorism Joint Inspection in England and Wales was published by HMI Probation, HMICFRS and HMI Prisons.^[6]  This inspected the work of the National Security Division (part of the Probation Service), the Counter Terrorism Nominal Management (part of Counter Terrorism Policing) and His Majesty’s Prison Service.  This inspection found that the National Security Division, probation, police and prison services worked well together and were approaching managing counter terrorism cases collectively but made 14 recommendations to strengthen practice and address the gaps highlighted.

The MARA was introduced to Northern Ireland in September 2021, specifically to manage those classified as TROs, separately to the existing arrangements for managing sexual and violent offenders under the PPANI.  A statutory duty was placed on the DoJ, the NIPS, the PBNI and the PSNI to give effect to Guidance issued under Article 50 of the Criminal Justice (Northern Ireland) Order 2008 to contribute to the effective assessment and management of the risks posed by TROs and, where relevant, contribute to the assessment and management of the risks posed by this type of offender.  The Guidance set out the specific roles of each organisation.  A Manual of Practice was developed by the DoJ which set out the policies and processes to deliver MARA at an operational level.  A MARA Casework Team was established by the DoJ to provide the main operational function of the arrangements and give effect to risk assessment and management of TROs alongside community supervision.  In 2021 the National Security Division of HMPPS were commissioned to provide the supervisory function for MARA. 

Aims of the Review
The broad aims of the Review are to:

• Assess the effectiveness of the strategy, policy framework and governance arrangements underpinning the MARA and whether leadership supports and promotes the delivery of a high-quality, personalised and responsive approach to managing the risk of serious harm posed by TROs in Northern Ireland;
• Assess the extent to which partnership working between statutory partners, providers and other agencies is established, maintained and used effectively to deliver high-quality services;
• Assess whether the MARA partners have sufficient capacity and capability to support the delivery of high-quality services to managing the risk of serious harm posed by TROs in Northern Ireland, with an operating model that is sustainable and uses resources efficiently;
• Assess whether timely and relevant information is available to support high-quality services to managing the risk of serious harm posed by TROs in Northern Ireland;
• Examine the effectiveness of the arrangements for promoting desistance and disengagement; and
• Examine the effectiveness of the arrangements in keeping people safe.

Other matters of significance as they arise during the Review will also be considered.

Methodology

The Review will be based on the CJI Inspection Framework.  The three main elements of the inspection framework are:

• strategy and governance;
• delivery; and
• outcomes.

Constants in each of the three framework elements and throughout each inspection are equality and fairness, together with standards and best practice.  The CJI inspection methodology can be found in The Inspection Process on our website.

Design and Planning
Preliminary research
Information and reports were reviewed to inform the scope of the Review and how it will be conducted. 

Benchmarking, research and data collection
Inspection reports and guidance documents on arrangements from other jurisdictions were considered as well as published information and documents.  The DoJ provided some policy documents and data which was reviewed.

Contact with agencies
A preliminary round of discussions took place with the DoJ, the National Security Division of HMPPS, the NIPS, the Northern Ireland Office (NIO), the PBNI and the PSNI.  The Terms of Reference for the Review will be shared with the DoJ, NIO and criminal justice organisations and a copy published on CJI’s website.

Delivery
Stakeholder consultation
A range of stakeholders from the statutory and community and voluntary sectors will be consulted.  This will include human rights organisations, legal professionals, victim organisations and organisations which support the rehabilitation of TROs.  The Youth Justice Agency (YJA) will also be consulted as a stakeholder.

Self-assessment
The DoJ and each criminal justice organisation will be invited to nominate a liaison officer to support the review.

A self-assessment request will be issued to the DoJ, the National Security Division of HMPPS, the NIPS, the PBNI and the PSNI. 

Development of fieldwork plan
Fieldwork will be conducted with criminal justice organisations and will include:

• reviews of a sample of referral forms submitted to the MARA panel for classification;
• reviews of a sample of TRO case files (undertaken by Inspectors from HMI Probation) and police and prison records for managing TROs;
• interviews and focus groups including with representatives of other criminal justice organisations (for example the YJA and the Northern Ireland Policing Board); and
• CJI will make efforts to reflect the voices of victims and TROs directly and/or by seeking the views of advocacy or support services. 

CJI will liaise with organisational liaison officers to plan and schedule the fieldwork within their respective organisations.

Analysis of data
All material and data provided and produced during the review will be analysed and triangulated.  Partner inspectorates including HMI Probation, HMI Prisons and HMICFRS who provide expertise as appropriate will be consulted to sense check review findings. 

Initial feedback to agency.
Emerging feedback will be provided to each criminal justice organisation involved in the Review.

Drafting of report
Following completion of the fieldwork and analysis of data a draft report will be shared with the reviewed organisations for factual accuracy check.  The Chief Inspector will invite the reviewed organisations to complete an action plan within six weeks to address the recommendations and if the plan has been agreed and is available it will be published as part of the final Review Report.  The report will be shared, under embargo, in advance of the publication date with the reviewed organisations.

Publication and Closure
A report will be sent to the Minister of Justice for permission to publish.  When permission is received the Review Report will be finalised for publication.  A press release will be drafted and shared with the reviewed organisations prior to publication and release.  A publication date will be agreed and the Review Report will be issued.

Indicative Timetable

Scoping/Research: December 2024 to March 2025

Stakeholder consultation: April 2025

Agency fieldwork: April 2025 – September 2025

Draft Report to agencies: January 2026

Factual accuracy feedback received: February 2026.

The above timetable may be impacted by factors outside CJI’s control.  The reviewed organisations will be kept advised of any significant changes to the indicative timetable.

[1] DoJ, Arrangements to Assess and Manage the Risks Posed by Terrorist Risk Offenders: Article 50 Guidance, September 2021, available at https://www.justice-ni.gov.uk/sites/default/files/publications/justice/mara-policy-guidance-article-50-guidance.pdf.

[2] CJI, Probation Practice in Northern Ireland: An inspection of the Probation Board for Northern Ireland, available at https://www.cjini.org/TheInspections/Inspection-Reports/2020/October-December/Probation-Practice-in-Northern-Ireland.

[3] See published prison inspections at https://www.cjini.org/TheInspections/Inspection-Reports/2024.

[4] CJI, Public Protection Inspection III: A thematic inspection of the public protection arrangements Northern Ireland, available at https://www.cjini.org/TheInspections/Inspection-Reports/2019/October-December/PPANI

[5] See https://www.legislation.gov.uk/ukpga/2008/28/contents.

[6] Criminal Justice Joint Inspection, Counter Terrorism Joint Inspection – National security division and multi-agency arrangements for the management of terrorist offenders in the wake of terrorist attacks, July 2023, available at https://cjji.justiceinspectorates.gov.uk/inspection-report/counter-terrorism-joint-inspection-national-security-division-and-multi-agency-arrangements-for-the-management-of-terrorist-offenders-in-the-wake-of-terrorist-attacks/.
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