3.1 Section 325(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 (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 persons who have committed serious sexual, violent and terrorist offences. 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. The DTC covers all statutory functions of each agency, except for local authorities, where the DTC only covers their education and social services functions.

3.3 S.325(4) of the CJA 2003 provides a lawful basis for RA and DTC agencies to share information with each other and with other persons who the RA considers may contribute to assessing and managing the risks presented by MAPPA managed individuals (Associate agencies, see 3.48).

3.4 RA, DTC and Associate agencies (known collectively as MAPPA agencies) may share information with each other, without the need for consent, for MAPPA purposes (the assessment and management of risks presented by relevant offenders). MAPPA purposes are strictly law enforcement purposes that are necessary for the administration of justice and MAPPA agencies are either competent authorities or treated as competent authorities when sharing information with other MAPPA agencies for MAPPA purposes.

3.5 All MAPPA agencies must have appropriate policies in place in respect of sensitive processing.

3.6 Necessary and proportionate information sharing between MAPPA agencies is therefore lawful under s.35(2)(b) or s.35(5) (for sensitive processing) of the Data Protection Act 2018. Furthermore, MAPPA agencies do not breach any duty of confidentiality they may have when sharing information with other MAPPA agencies for MAPPA purposes (see s.325(4B) CJA 2003). For more information, see Chapter 9 - Information-sharing.

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

• Youth Justice Services (YJS)
• Department for Work and Pensions (DWP)
• Ministry of Defence
• Education, social services and health functions of local authorities
• NHS England
• The Health Authority
• The Integrated Care Board (ICB) or Local Health Board
• The NHS Trust
• The Local Housing Authority (LHA)
• Private registered providers of social housing and registered social landlords providing or managing residential accommodation in which MAPPA managed individuals may reside
• Providers of electronic monitoring services
• UK Visas and Immigration, UK Border Force, UK Immigration Enforcement and Homeland Security (Home Office)

3.8 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.