What is Clare's Law?
The Domestic Violence Disclosure Scheme - “Clare’s Law”- enables the police to disclose information to an individual about their partner’s or ex-partner’s previous abusive or violent offending.
Those who know me, know I'm addicted to police dramas. One of my earliest TV memories is watching Juliet Bravo. But whilst I like a drama, I love a real-life police series and 24 Hours in Police Custody tops them all for me. This week's was no exception but what I wasn't expecting to see was the full effect of something I have advised clients, friends and even family to use - Clare's Law.
Named after Clare Wood - who was murdered by her ex-boyfriend who had a history of violence towards women which was unknown to Clare - Clare's Law allows individuals to ask the police to check whether a new or existing partner has a violent or abusive past. If police checks show that a person may be at risk of domestic violence from their partner, the police will consider how and with whom it is best to disclose this information. The information is not provided in isolation; a robust safety plan should be provided too along with other guidance, help or support tailored to the specific circumstances.
Under Clare's Law, it is also possible for the police to proactively disclose information to someone who has formed a relationship with an individual who has a history of domestic abuse if it is considered that that person is at risk of harm.
So, how does that all fit with 24 Hours in Police Custody?
Well the episode centred on allegations that a young man - only 21 - had groomed and raped on multiple occasions a 15 year old girl. His girlfriend at the time (herself 16) is shown speaking positively about him and his treatment of her; how she can't believe how someone as nice as him is facing such horrible allegations. The relationship continues whilst he is on remand. The police, concerned for her safety, make the decision to inform her of his past criminal convictions. At the end of the episode we see specially trained officers disclosing his violent behaviour towards previous partners and members of the public going back five years, harassment of an ex-girlfriend, breaches of a sexual harm prevention order and using aggression to persuade a 14 year old girl to engage in sexual activity. In addition, he is facing charges of rape, sexual assault and possessing indecent images (charges he later pleads guilty to).
It was a powerful illustration of Clare's Law in action. The disclosure enabled the individual to make an informed choice about continuing the relationship.
Seeing it in action was timely as the Domestic Abuse Act 2021 will soon put Clare's Law onto a legal footing. One issue has been that the disclosure of information has, until now, been at the police force's discretion. By making the guidance law, the hope is that disclosure decisions will become more consistent and more people will be encouraged to use the scheme.
Clare's Law is not without its critics and by itself it will not solve or prevent domestic abuse from happening. It does however provide a valuable - and powerful - tool for those who choose to use it.