Will Clare's Law really help reduce domestic violence?

Not everyone with prior domestic violence convictions goes on to reoffend.

In 2009, Clare Wood, from Salford, Greater Manchester, was strangled to death and her body set alight by her former boyfriend, George Appleton. His body was found hanged 6 days later in an abandoned pub in the Greater Manchester area.

This was a particularly high-profile crime, and received much attention in the national press. The murder was the culmination of a series of incidents of domestic violence in the couple’s relationship, many of which were reported to the local Police Force, but no action was taken. An IPCC report found Greater Manchester Police to be guilty of “systematic failures” in relation to the case.

An inquest delivered a verdict of unlawful killing. Upon hearing this verdict, Wood's father, Michael Brown, seemed to suggest that domestic violence was particularly commonplace in the UK. This sentiment was echoed by former Home Office minister, Lynne Featherstone, who stated that we need to:

“deal with domestic violence which is unacceptable and epidemic in this country”

However, according to the British Crime Survey of 2011, incidents of “intimate partner violence” have fallen by around 50 per cent over the past 20 years. This only goes to show how mainstream media reporting can significantly skew official statistics and, with it, public understanding of particularly emotive topics.

A campaign, designed to allow people entering into new relationships to access information about potential partners’ propensity for domestic violence, was founded shortly after the inquest into Clare Wood's death. This was backed by Clare’s father, her local MP, Hazel Blears, and eventually by Home Secretary, Theresa May, who stated that:

“The Government is committed to ensuring that the police and other agencies have the tools necessary to tackle domestic violence to bring offenders to justice and ensure victims have the support they need to rebuild their lives”

The Domestic Violence Disclosure Scheme (DVDS) pilot scheme will run for an initial 12 months, and allows anyone living in the areas covered by the pilot forces (Gwent, Greater Manchester, Wiltshire, and Nottinghamshire), to apply to their local police force for information on prospective partners’ previous involvement in violent crime.

But do we need a scheme like DVDS, and will it be effective?

Whilst research shows that previous violence is the single biggest predictor of future violence, and this is possibly the rationale behind the introduction of the DVDS pilot scheme, it should be noted that not everyone with historical convictions for violent crimes go on to beat his or her future partners.

Many have concerns about the information being provided under DVDS legislation. It could be the case that many applications for information will return false-negative results (that is, police could report no previous record of violence, despite a history of violent behaviour). This is due to the under-reporting of domestic violence, with an estimate 50 per cent of all cases of domestic violence going unrecorded due to factors such as the victim believing the issue to be a private one, low prosecution levels, or fear of additional attacks. Even where cases of domestic violence are reported, success of the DVDS is dependent on police forces taking appropriate actions in order to record complaints and protect potential victims. 

And what about the impact of the DVDS on ex-offenders? 

Many people who, after being convicted and appropriately punished for committing violent crimes, begin to rebuild their lives in the community. Schemes such as the DVDS have a potentially destructive effect on their journey towards desistance from crime.

Desistance is the process by which an ex-offender adopts a non-criminal identity. This is often a long and difficult journey, beginning in prison, and continuing through into the community upon release. Official statistics suggest that around 60 per cent of prisoners are re-convicted with 12 months of release – a figure used by populist media outlets as evidence for longer and harsher sentencing. 

However, a group of desistance scholars had the idea to look towards a group who may shed some light on how people move away from crime – the 40 per cent who are not reconvicted. Their research led to the development of a documentary, The Road from Crime, which provides an insightful analysis of the desistance process.

Findings from US-based research into “Megan’s Law”, a scheme whereby parents can apply for information about a person’s previous sexual offending, found that over-surveillance was in fact a risk factor for future offending. This has clear implications for the DVDS scheme, which could be seen as preventing ex-offenders from forming meaningful personal relationships – a factor considered to be key to long-term desistance.

Article 8 of the European Convention on Human Rights states that:

“Everyone has the right to respect for his private and family life … [and] … There shall be no interference by a public authority with the exercise of this right except … in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”

Research suggests that, after desisting from crime for three years, you are no more likely to engage in crime than anybody else.  Surely continuing to monitor those who seem to be desisting is potentially depriving them of opportunities to form long-term intimate relationships, and therefore contravenes Article 8?

In short, although any bid to reduce the numbers of people being victimised by domestic violence is to be commended, the DVDS pilot has many issues to address before being completely failsafe. More active solutions to the domestic violence problem should be examined, such as more efficient system for relationship education and problem solving skills in schools, as opposed to the government’s current, reactionary, approach to criminal justice. Failing to do so potentially puts people at risk of re-offending, and could lead to complaints being made under Human Rights law.

Photograph by Elvert Barnes on Flickr, via Creative Commons.

The Domestic Violence Awareness Mural: "A Survivor's Journey" (2010) by Joel Bergner in Brooklyn, New York. Photograph: Elvert Barnes/Flickr

Craig is a forensic psychology blogger interested in evidence-based criminal justice and desistance from crime. He tweets as @CraigHarper19.

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The biggest divide in politics is not left against right, but liberals against authoritarians

My week, including a Lib Dem membership rise, The Avalanches, and why I'm putting pressure on Theresa May over child refugees.

It is a boost for us that Nick Clegg has agreed to return to the front line and be our Brexit spokesperson. I hadn’t even had a chance at our meeting to make him the offer when he said: “Before we start, I’ve been thinking about this and want to take on the fight over Europe.”

With Labour apparently willing to give the Tories a free pass to take us out of Europe, the Liberal Democrats are the only UK-wide party that will go into the next election campaigning to maintain our membership of the EU. The stage is remarkably clear for us to remind Theresa May precisely what she would be risking if we abandon free trade, free movement, environmental protection, workers’ rights and cross-border security co-operation. More than a month on from the referendum, all we have heard from the Tories is that “Brexit means Brexit” – but they have given us no clue that they understand what that means.

 

Premature obituaries

Not long ago, the received wisdom was that all political parties were dying – but lately the supposed corpses have twitched into life. True, many who have joined Labour’s ranks are so hard left that they don’t see winning elections as a primary (or even a desirable) purpose of a party, and opening up Labour to those with a very different agenda could ultimately destroy it.

Our experience has been happier: 20,000 people joined the Liberal Democrat fightback in the wake of the 2015 general election result, and 17,000 more have joined since the referendum. We now have more members than at any time this century.

 

Breaking up is hard to do

Journalists have been asking repeatedly if I want to see the break-up of the Labour Party, with moderates defecting to the Liberal Democrats. I have been clear that I am not a home-wrecker and it is for Labour to determine its own future, just as I focus on advancing the Liberal Democrat cause. Yet I have also been clear that I am happy for my party to be a home for liberals of whatever hue. I enjoyed campaigning in the referendum with a variety of progressive figures, just as moderates from different parties shared platforms in 1975. It struck me that far more unites us than divides us.

That said, not all “moderate” Labour figures could be described as “liberal”, as John Reid demonstrated as Labour home secretary. The modern political divide is less left v right than authoritarian v liberal. Both left and right are looking increasingly authoritarian and outright nasty, with fewer voices prepared to stand up for liberal values.

 

What I did on my holidays

Time off has been virtually non-existent, but I am reading A Wilderness of Mirrors by Mark Meynell (about loss of trust in politics, the media and just about everything). I’m also obsessively listening to Wildflower by the Avalanches, their second album, 16 years after their first. It’s outstanding – almost 60 minutes of intelligently crafted dialogue, samples and epic production.

During the political maelstrom, I have been thinking back to the idyllic few days I spent over half-term on the Scottish island of Colonsay: swimming in the sea with the kids (very cold but strangely exhilarating ­after a decent jog), running and walking. An added bonus is that Colonsay is the smallest island in the world to have its own brewery. I can now heartily recommend it.

 

Preparing for the next fight

The odds are weirdly long on an early general election, but I refuse to be complacent – and not merely because the bookies were so wrong about Brexit. If we have learned one truth about Theresa May as Prime Minister so far, it is that she is utterly ruthless. After her savage cabinet sackings, this is, in effect, a new government. She has refused to go to the country, even though she lectured Gordon Brown on the need to gain the endorsement of the electorate when he replaced Tony Blair. Perhaps she doesn’t care much about legitimacy, but she cares about power.

You can be sure that she will be keeping half an eye on Labour’s leadership election. With Jeremy Corbyn potentially reconfirmed as leader in September against the wishes of three-quarters of his MPs, Mrs May might conclude that she will never have a better chance to increase her narrow majority. Throw in the possibility that the economy worsens next year as Brexit starts to bite, and I rule nothing out.

So, we are already selecting candidates. It is vital that they dig in early. As we are the only party prepared to make the positive case for Europe, such an election would present us with an amazing opportunity.

 

Sitting Priti

David Cameron pledged to take an unspecified number of unaccompanied children from camps across the Continent. I am putting pressure on Theresa May to turn that vague commitment into a proper plan. Having visited such camps, I have been fighting for Britain to give sanctuary to a minimum of 3,000 unaccompanied children, who are currently open to the worst kinds of exploitation. We have heard nothing but silence from the government, with underfunded councils reporting that they are not receiving the help they need from Whitehall.

Meanwhile, it remains government policy to send refugees to Turkey – whose increasingly authoritarian government has just suspended human rights protection.

As if all of this were not grim enough, we have a new Secretary of State for International Development, Priti Patel, who has said that she thinks aid should be used largely to promote trade. As someone who wants our country to be respected around the world, I find this plain embarrassing. Actually, it’s worse. It’s shaming. As with Europe, so with the world: the ­Conservative government is hauling up the drawbridge just when we need more than ever to engage with people beyond our shores.

Tim Farron is the leader of the Liberal Democrats. To join the party, visit: libdems.org.uk/join

Tim Farron is leader of the Liberal Democrats.

This article first appeared in the 28 July 2016 issue of the New Statesman, Summer Double Issue