Clare's Law

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Clare's Law, often known officially as a Domestic Violence Disclosure Scheme or similar, designates several ways for police officers to disclose a person's history of abusive behaviour to those who may be at risk from such behaviour. It is intended to reduce intimate partner violence. Clare's Law is named after Clare Wood, a woman murdered in England by a former domestic partner who police knew to be dangerous.

Contents

Clare's Law has two main elements: a 'right to ask', which allows members of the public, including a domestic partner, to request information from the police about a potential abuser; and a 'right to know', which, in certain circumstances, permits police to disclose such information to the public on their own initiative.

First implemented in England and Wales in 2014, the policy structure has since been adopted or proposed in various forms elsewhere in the United Kingdom as well as in Australia and Canada. Despite its name, Clare's Law need not—and often does not—take the form of a statute. Instead, it may be implemented as a policy document or guidance issued by a government authority to police departments. [lower-alpha 1]

History and nomenclature

Clare's Law is named after Clare Wood, who was murdered at age 36 by George Appleton, an ex-boyfriend, in Salford, England in February 2009. [1] [2] Appleton strangled and burned Wood. [1] Appleton killed himself several days after murdering Wood. [2]

Appleton had seriously abused women in the past and the Greater Manchester Police (GMP) were aware of his violent history. [1] [3] Appleton had served three prison sentences before his relationship with Wood: six months for failure to comply with a restraining order; [2] two years for harassment; [2] and six years 'for holding a woman at knife-point for 12 hours'. [4] Following her death, Wood's family stated that she would not have entered into a relationship with Appleton had she known of his violent past.

In a report on Wood's case, the Independent Police Complaints Commission noted that there had been 'individual failings by officers who demonstrated in some cases a shocking lack of understanding about the nature of domestic violence'. [5] In this connection, one commentator has noted that, given the GMP's failure, it is unclear whether Clare's Law alone would have prevented Wood's murder. [6] Following Wood's death, her father campaigned to create legal means for police to warn potential targets of abuse of their partners' violent pasts. [7]

Historically, police in England and Wales have not responded effectively to domestic abuse. [8] [9] A 2014 report by Her Majesty's Inspectorate of Constabulary concluded that:

The overall police response to victims of domestic abuse is not good enough. Unacceptable failings in core policing activities, investigating crime, preventing crime, bringing offenders to justice and keeping victims safe are the principal reasons for this. [10]

In the United Kingdom, the Domestic Violence, Crime and Victims Act 2004 and the 2011 policy document Call to end violence against women and girls [lower-alpha 2] represent some recent attempts to combat domestic abuse. [11] Additionally, the Crime and Security Act 2010 created two new legal structures—the domestic violence protection notice (DVPN) and domestic violence protection order (DVPO)—intended to protect potential targets of abuse from violence. [12] [13]

Background

Intimate partner violence

Intimate partner violence contributes to significant gender-based disparities in the distribution of homicides. From 2018–19, [lower-alpha 3] 48 percent of adult female homicide victims in the United Kingdom were killed by a current or former domestic partner. [14] In the same year, 8 percent of adult male victims were killed by an intimate partner. [14] In Canada from 2008–18, female victims constituted 79 percent of deaths due to intimate partner violence. [15] In Australia in 2018, 53 percent of victims of family and domestic violence–related homicide were women. [16]

Fitz-Gibbon and Walklate suggest that sex offender registries and related community notification laws, which allow members of the public to be informed if a sex offender lives in their area, resemble Clare's Law in that they involve the disclosure of information about a potential offender to a potential target of abuse or violence. [11] However, they also note that 'sex offender schemes are community focused, while the domestic violence disclosure scheme is individual focused'. [11]

Privacy issues

Disclosure of information about a person by police raises privacy issues under English common law and Article 8 of the European Convention on Human Rights. [17] [lower-alpha 4] The Royal Canadian Mounted Police declined to participate in Saskatchewan's version of Clare's Law due to concerns about violating Canadian federal privacy laws. [4]

Structure and implementation

Whether adopted by statute or as a matter of policing policy, Clare's Law has two main elements: [18] [19]

Various Commonwealth jurisdictions have adopted programmes with this basic structure.

Australia

Mike Baird proposed a version of Clare's Law during the 2015 New South Wales state election. The Honourable Mike Baird MP.png
Mike Baird proposed a version of Clare's Law during the 2015 New South Wales state election.

Several Australian states have proposed or implemented versions of Clare's Law.

South Australia launched a 12-month pilot of Clare's Law in October 2018. [21] Such a programme had been considered in the state since at least 2015. [22]

Mike Baird's Liberals promised a version of Clare's Law during the 2015 New South Wales state election. [23] The scheme was adopted in April 2016 and subsequently extended to June 2019. [24]

The Liberal National Party of Queensland promised to implement Clare's Law in the run-up to the 2017 Queensland state election. [25]

Canada

Versions of Clare's Law have been adopted, or are under consideration, in a number of Canadian provinces. By contrast with the United Kingdom, Canadian jurisdictions have typically adopted Clare's Law by statute.

Saskatchewan, which, as of 2020, had more reported cases of domestic violence per capita than any other province, [4] is the first province in Canada to implement Clare's Law. [26] The province's Interpersonal Violence Disclosure Protocol (Clare's Law) Act received royal assent on 15 May 2019 [27] and came into force on 29 June 2020. [28] Under the Saskatchewan statute, a number of different parties have a 'right to ask', including 'the police, the person at risk, family members, medical professionals and shelter workers, among others'. [7] As of June 2020, the RCMP had stated that it would not honour requests for information made pursuant to Clare's Law in Saskatchewan, as it is bound by federal privacy law. [4]

A version of Clare's Law was passed in the House of Assembly of Newfoundland and Labrador in November 2019. [29] It received royal assent on 6 December 2019. [30] As of June 2020, it had not yet come into force. [30]

Alberta's governing United Conservative Party tabled a version of Clare's Law in October 2019. [26] The law came into force on 1 April 2021. [31]

The Manitoba Progressive Conservative Party spoke in favour of adopting a version of Clare's Law in Manitoba during the 2019 general election. [32]

United Kingdom

Theresa May, Home Secretary from 2010 to 2016, supervised the roll-out of Clare's Law in England and Wales. Theresa May 2015.jpg
Theresa May, Home Secretary from 2010 to 2016, supervised the roll-out of Clare's Law in England and Wales.

Versions of Clare's Law have been adopted in England and Wales (2014), Scotland (2015), [33] [34] and Northern Ireland (2018). [34]

England and Wales

Clare's Law was adopted on International Women's Day (8 March) 2014 throughout England and Wales, after public consultation beginning in late 2011 [35] and a pilot programme in selected areas. [1] [18] [36] [37] [38] [39] As implemented in the English context, it is not a statute. Rather, it is a policy promulgated by the Home Office—an 'information-sharing mechanism' [40] —known officially as the Domestic Violence Disclosure Scheme (DVDS). [41]

Before DVDS was adopted, police in England and Wales were able to disclose information about potential offenders to the public as a matter of discretion. [42] The Home Office favoured a more regimented scheme, in part to ensure that police disclosure complied with legislation including the Data Protection Act 1998 and Human Rights Act 1998. [42]

DVDS provides guidance to the police in exercising their common law powers to warn the public about a potential threat, in the specific context of domestic abuse. [41] [lower-alpha 5] [lower-alpha 6] Courts have held that the exercise of such powers by the police must conform to three criteria: 'relevancy', 'necessity', and 'proportionality'. [43] 'Relevancy' requires police to disclose only pertinent information regarding the person about whom information is sought; 'necessity' requires disclosure only when there is a clear 'social need' for it; and 'proportionality' requires that the person about whom information is sought is informed or otherwise engaged in the process, if possible. [17]

Under DVDS, both 'right to ask' and 'right to know' requests are submitted to a review panel to determine whether the relevant information should be disclosed. [44] In the year ending March 2018, 57 percent of reported 'right to know' requests and 44 percent of reported 'right to ask' requests had resulted in a disclosure. [44]

As the concept of domestic abuse and domestic violence is not straightforwardly mirrored in criminal legislation, in England and Wales, Home Office guidance sets out the range of offences why may be susceptible to disclosure under the scheme, including crimes of violence, sexual violence, crimes of dishonesty, and offences under the Protection from Harassment Act 1997. [45]

Scotland

The Disclosure Scheme for Domestic Abuse Scotland (DSDAS) was established by Police Scotland in October 2015. [46] DSDAS mirrors DVDS in many respects, including a 'right to ask' and 'power to tell,' allowing third-parties to ask Police Scotland to make disclosures to someone they feel may be at risk of domestic abuse. One significant difference under the Scottish scheme is that disclosures are not currently made about or to ex-partners. [47]

In the first two years of DSDAS’s operation, 2,144 applications were made to Police Scotland. Of these, 927 (43%) resulted in information about abusive behaviour of the person in question being shared. [48] By 2023, Police Scotland figures showed that of the 20,005 requests received, 11,599 disclosures were made informing people “their current partner has a violent or abusive past,” representing a disclosure rate of 58%. [49]

Effectiveness and reactions

It is not clear whether Clare's Law reduces the rate of homicide due to intimate partner violence, [50] or whether disclosures that are made pursuant to Clare's Law induce their recipients to seek further assistance. [51]

Fitz-Gibbon and Walklate note that Clare Wood, in particular, appears to have been 'acutely aware' that Appleton was violent. [52] Thus, they point out, the problem Wood faced may not have been a lack of information, but rather a lack of 'support' from others around her, and a lack of effective police operations in the domestic violence context. [53] Walklate has noted elsewhere that women may not want to know information about their partners' past, or may choose to remain in a relationship despite receiving such information. [54]

Carline and Dehaghani observe that, by effectively deputizing women to remove themselves from abusive relationships, Clare's Law 'responsibilizes' women for dealing with abuse and, accordingly, may divert attention and resources from state-funded support mechanisms. [55]

Refuge has spoken against Clare's Law on several occasions, suggesting that it does not address the root problems associated with intimate partner violence. [1] [56]

See also

Notes

Explanatory notes

  1. Accordingly, as used in this article, 'Clare's Law' has a specific policy structure, not a specific statute, regulation, or policy in any particular jurisdiction.
  2. The Cameron–Clegg coalition adopted Call to end violence against women and girls on 5 November 2010.
  3. The Office for National Statistics reports crime statistics in the United Kingdom using a year ending in March.
  4. See, e.g., R (T) v Secretary of State for the Home Department [2014] UKSC 35. See also Grace 2015, p. 40.
  5. On such common law powers in the United Kingdom, see R v Chief Constable of North Wales Police, ex p Thorpe [1998] EWCA Civ 486, in which the court, per Lord Woolf MR, held that "[d]isclosure [by the police] should only be made when there is a pressing need for that disclosure."
  6. On such common law powers in the Canadian context, see Doe v Metropolitan Toronto (Municipality) Commissioners of Police, (1990) 74 OR (2d) 225, 1990 CanLII 6611 (Div Ct), leave to appeal denied 1 OR (3d) 416, 1991 CanLII 7565 (Ont CA), where the Divisional Court of the Ontario Superior Court of Justice held that Toronto police had a duty to warn a victim of rape when they knew she was in danger of attack by a serial rapist.

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Rape pornography is a subgenre of pornography involving the description or depiction of rape. Such pornography either involves simulated rape, wherein sexually consenting adults feign rape, or it involves actual rape. Victims of actual rape may be coerced to feign consent such that the pornography produced deceptively appears as simulated rape or non-rape pornography. The depiction of rape in non-pornographic media is not considered rape pornography. Simulated scenes of rape and other forms of sexual violence have appeared in mainstream cinema, including rape and revenge films, almost since its advent.

The Victims Compensation Tribunal of New South Wales is a former tribunal of the Government of New South Wales that was established to determine the amounts that may be awarded to victims of crime for personal injury in New South Wales, a state of Australia. The tribunal had exclusive jurisdiction to determine the amount which the Victims Compensation Fund of New South Wales would pay to a victim of crime. This tribunal was unique in Australia in that it did not notify nominated defendants of tribunal hearings and therefore did not hear evidence that may exist from such persons.

<span class="mw-page-title-main">Domestic violence</span> Abuse of members of the same household

Domestic violence is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. Domestic violence is often used as a synonym for intimate partner violence, which is committed by one of the people in an intimate relationship against the other person, and can take place in relationships or between former spouses or partners. In its broadest sense, domestic violence also involves violence against children, parents, or the elderly. It can assume multiple forms, including physical, verbal, emotional, economic, religious, reproductive, financial abuse, or sexual abuse. It can range from subtle, coercive forms to marital rape and other violent physical abuse, such as choking, beating, female genital mutilation, and acid throwing that may result in disfigurement or death, and includes the use of technology to harass, control, monitor, stalk or hack. Domestic murder includes stoning, bride burning, honor killing, and dowry death, which sometimes involves non-cohabitating family members. In 2015, the United Kingdom's Home Office widened the definition of domestic violence to include coercive control.

In Australia, domestic violence (DV) is defined by the Family Law Act 1975. Each state and territory also has its own legislation, some of which broadens the scope of that definition, and terminology varies. It has been identified as a major health and welfare issue. Family violence occurs across all ages and demographic groups, but mostly affects women and children, and at particular risk are three groups: Indigenous, young and pregnant women.

Victims' rights are legal rights afforded to victims of crime. These may include the right to restitution, the right to a victims' advocate, the right not to be excluded from criminal justice proceedings, and the right to speak at criminal justice proceedings.

<span class="mw-page-title-main">Domestic violence in the United States</span>

Domestic violence is a form of violence that occurs within a domestic relationship. Although domestic violence often occurs between partners in the context of an intimate relationship, it may also describe other household violence, such as violence against a child, by a child against a parent or violence between siblings in the same household. In the United States, it is recognized as an important social problem by governmental and non-governmental agencies, and various Violence Against Women Acts have been passed by the US Congress in an attempt to stem this tide.

The following outline is provided as an overview of and topical guide to domestic violence:

Domestic violence against men is violence or other physical abuse towards men in a domestic setting, such as in marriage or cohabitation. As with domestic violence against women, violence against men may constitute a crime, but laws vary between jurisdictions. Intimate partner violence (IPV) against men is generally less recognized by society than intimate partner violence against women, which can act as a further block to men reporting their situation.

<span class="mw-page-title-main">Domestic violence in India</span>

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<span class="mw-page-title-main">Clare McGlynn</span>

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<span class="mw-page-title-main">Domestic violence in same-sex relationships</span>

Domestic violence in same-sex relationships or intragender violence is a pattern of violence or abuse that occurs within same-sex relationships. Domestic violence is an issue that affects people of any sexuality, but there are issues that affect victims of same-sex domestic violence specifically. These issues include homophobia, internalized homophobia, HIV and AIDS stigma, STD risk and other health issues, lack of legal support, and the violence they face being considered less serious than heterosexual domestic violence. Moreover, the issue of domestic violence in same-sex relationships has not been studied as comprehensively as domestic violence in heterosexual relationships. However, there are legal changes being made to help victims of domestic violence in same-sex relationships, as well as organizations that cater specifically to victims of domestic violence in same-sex relationships.

Domestic violence in New Zealand, often called family violence or family harm is defined under New Zealand law as not only intimate partner violence but also violence against other family members, including children and extended family or whānau, as well as people living together in the same household, such as flatmates. It is estimated that one third of people in New Zealand have experienced intimate partner violence (IPV) within their lifetime, making New Zealand have the highest rate of domestic violence in 14 OECD countries. In 2020, New Zealand police responded to a domestic violence call every 4 minutes.

Domestic violence and abuse in the United Kingdom are a range of abusive behaviours that occur within relationships. Domestic violence or abuse can be physical, psychological, sexual, financial or emotional. In UK laws and legislation, the term "domestic abuse" is commonly used to encompass various forms of domestic violence. Some specific forms of domestic violence and abuse are criminal offences. Victims or those at risk of domestic abuse can also be provided with remedies and protection via civil law.

<span class="mw-page-title-main">Sexual assault of LGBT persons</span>

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Deborah Sinclair is a Canadian social worker who has specialized in working with women who are victims of intimate partner violence. She served as an expert witness in court cases where intimate partner violence has played a role. She has been working with victims of violence for over thirty years.

<span class="mw-page-title-main">Impact of the COVID-19 pandemic on domestic violence</span> Aspect of viral outbreak

Amid the COVID-19 pandemic, many countries reported an increase in domestic violence and intimate partner violence. United Nations Secretary-General António Guterres, noting the "horrifying global surge", called for a domestic violence "ceasefire". UN Women stated that COVID-19 created "conditions for abuse that are ideal for abusers because it forced people into lockdown" thus causing a "shadow pandemic" that exacerbated preexisting issues with domestic violence globally.

Amer Jamil is an Islamic scholar and co-founder of the Solas Foundation and iSyllabus programme, the latter of which he is currently the Project Director. He holds a (LLB) law degree from the University of Strathclyde and BA (Hons) in Islamic studies from the University of Wales. He was also previously the Muslim Chaplain at Glasgow Caledonian University.

References

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  2. 1 2 3 4 "Salford murder victim Clare Wood 'was not protected'". BBC News . 23 May 2011. Archived from the original on 22 July 2020.
  3. Independent Police Complaints Commission 2010, p. 12.
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  10. Her Majesty's Inspectorate of Constabulary 2014, p. 17.
  11. 1 2 3 Fitz-Gibbon & Walklate 2017, p. 285.
  12. Crime and Security Act 2010, ss 24–33 Archived 7 July 2020 at the Wayback Machine .
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  14. 1 2 Office for National Statistics 2020, p. 10.
  15. Statistics Canada 2019, p. 27.
  16. Australian Bureau of Statistics 2019.
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  41. 1 2 Home Office 2016, pp. 4–5, 18"The Domestic Violence Disclosure Scheme did not introduce any new legislation. The scheme is based on the police’s common law power to disclose information where it is necessary to prevent crime. The scheme provides structure and processes for the exercise of the powers. It does not, in itself, provide the power to disclose or to prevent disclosures being made in situations which fall outside this scheme" (p. 4).
  42. 1 2 Fitz-Gibbon & Walklate 2017, p. 288.
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  44. 1 2 Office for National Statistics 2018, p. 19.
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  52. Fitz-Gibbon & Walklate 2017, p. 290.
  53. Fitz-Gibbon & Walklate 2017, p. 291.
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