Reducing Risk in Domestic Abuse –Police Options.

The Tool Box.

• Specific Legislation -e.g. s46 Children’s Act

• Government-backed guidance• Civil legislation• Criminal Legislation-arrest etc• Prosecution and Bail• Licences and Orders

• Victim/witness engagement

Clare’s Law (DVDS).

Clare’s Law.

• Clare Wood (36) murdered in 2009.• Ex-Boyfriend had history of significant

offences with other partners , unknown to her

• Known as Domestic Violence Disclosure Scheme (DVDS)- implemented March 2014

• It is a Scheme, not legislated• Uses existing Data Protection principles to

be more pro-active• Multi-agency or single agency

Clare’s Law-Basic Principles.

• UNDER CLARE'S LAW, OTHERWISE KNOWN AS THE DOMESTIC VIOLENCE DISCLOSURE SCHEME, MEN AND WOMEN CAN REQUEST INFORMATION ABOUT THEIR PARTNER, OR THIRD PARTIES SUCH AS FRIENDS OR RELATIVES CAN MAKE REQUESTS IF THEY ARE "CONCERNED".

• POLICE AND OTHER AGENCIES INCLUDING SOCIAL SERVICES THEN CONSIDER WHETHER RELEASING INFORMATION ON SOMEONE'S PAST IS "NECESSARY, LAWFUL AND PROPORTIONATE" TO PROTECT SOMEONE FROM THEIR PARTNER.

• REASONS FOR INFORMATION NOT BEING RELEASED INCLUDE A PARTNER NOT HAVING A RECORD OF ABUSE OFFENCES, OR THERE BEING NO "PRESSING NEED FOR DISCLOSURE" BASED ON THE INFORMATION FOUND.

from http://www.bbc.co.uk/news/uk-30977759

Clare’s Law- How does it work?

• An application in person/by phone-Right to Ask• An agency highlights risk- Right to Know• The applicant does not have to be the person at risk• Face to Face Interview takes place• Police disclosure can include non-convictions, or

behaviours • Agency checks can highlight concerns-such as

Probation/ CSD/ ASD etc• Can be referred to a MARAC if there is not a

pressing need to take action• ‘Decision Making Forum’• Normal process - within a month.

Clare’s Law - to date.

• Around 200 applications under both aspects (Right to Ask & Know)

• Identified weekly by police• Around 50+ disclosures• Children feature in most

• Positive’s- many• Negative’s- few. Most significant is overlap

with CP information sharing .

Project Cara.

Background

• Significant issues with Domestic Abuse:– Victim refusal in terms of involvement: focus

on offender as opposed to victim– Simple caution not providing solution to

prevent reoffending– Cost to public– Court sanctions also do not always address

offending behaviour– Case attrition at court– Alternative approach?

What is Project CARA?

• Randomised Controlled Trial• Hampshire police led in conjunction with

partners• Domestic Abuse cases utilising

Conditional Caution as opposed to simple caution

• Comparison of reoffending between offenders subject to offending workshops and those not subject to this condition

• Victim focussed research

Workshops

• Feedback from attendees has been overwhelmingly positive and is testament to the quality of the workshop delivered by Hampton Trust.

• This is also reflected in the victim work being carried out.

Domestic Violence Protection Orders (DVPOs)

• Legislated March 2014 after pilot in 2012• Started in Hampshire in May 2014 (pilot)• Rolled out force wide July 2014• Civil legislation –Crime and Security Act 2010• Two stage process-DVPN then DVPO

• ‘Breathing space’ for victims• Doesn’t need consent of the victim• Significant powers to exclude offenders from an

address

DVPOs in practice

• Police pay for each application at court-rises to £700 for a contested hearing. Costs can be awarded against police.

• Very dynamic in terms of getting a DVPN served whilst a person is in custody

• Paperwork• History of victim (i.e. if they have offended)• Child protection is a continuing theme as to the

necessity to go to court• S47 investigations can often help us as it is part of

the ‘breathing space’ and the court can see this as part of working with the victim.

DVPOs- the experience to date

• 52 DVPNs authorised• 39 DVPOs granted from 44 court hearings• Children involved in over 40 cases• The majority are high risk domestic or medium

risk domestic .• 14 families subject to Child Protection• Numerous joint visits• Some excellent family support at court• Imprisonment for the majority of breaches –1

week to 3 months• Over half have not come into contact with Police

since a DVPO.• ‘Die hard’ families.

Lastly, experience shows…

• Knowledge of powers – all of these are multi-agency

• Awareness of what we each can do• Experience comes through application of

these powers- one year anniversary for Clare’s law and DVPOs

• Demand’s on services- but use of these powers has and will reduce demand.

• The powers were not specifically designed to protect children.

• But they do- and can do it well.