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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Theresa May's offer to EU citizens leaves the 3 million with unanswered questions

So many EU citizens, so little time.

Ahead of the Brexit negotiations with the 27 remaining EU countries, the UK government has just published its pledges to EU citizens living in the UK, listing the rights it will guarantee them after Brexit and how it will guarantee them. The headline: all 3 million of the country’s EU citizens will have to apply to a special “settled status” ID card to remain in the UK after it exist the European Union.

After having spent a year in limbo, and in various occasions having been treated by the same UK government as bargaining chips, this offer will leave many EU citizens living in the UK (this journalist included) with more questions than answers.

Indisputably, this is a step forward. But in June 2017 – more than a year since the EU referendum – it is all too little, too late. 

“EU citizens are valued members of their communities here, and we know that UK nationals abroad are viewed in the same way by their host countries.”

These are words the UK’s EU citizens needed to hear a year ago, when they woke up in a country that had just voted Leave, after a referendum campaign that every week felt more focused on immigration.

“EU citizens who came to the UK before the EU Referendum, and before the formal Article 50 process for exiting the EU was triggered, came on the basis that they would be able to settle permanently, if they were able to build a life here. We recognise the need to honour that expectation.”

A year later, after the UK’s Europeans have experienced rising abuse and hate crime, many have left as a result and the ones who chose to stay and apply for permanent residency have seen their applications returned with a letter asking them to “prepare to leave the country”, these words seem dubious at best.

To any EU citizen whose life has been suspended for the past year, this is the very least the British government could offer. It would have sounded a much more sincere offer a year ago.

And it almost happened then: an editorial in the Evening Standard reported last week that Theresa May, then David Cameron’s home secretary, was the reason it didn’t. “Last June, in the days immediately after the referendum, David Cameron wanted to reassure EU citizens they would be allowed to stay,” the editorial reads. “All his Cabinet agreed with that unilateral offer, except his Home Secretary, Mrs May, who insisted on blocking it.” 

"They will need to apply to the Home Office for permission to stay, which will be evidenced through a residence document. This will be a legal requirement but there is also an important practical reason for this. The residence document will enable EU citizens (and their families) living in the UK to demonstrate to third parties (such as employers or providers of public services) that they have permission to continue to live and work legally in the UK."

The government’s offer lacks details in the measures it introduces – namely, how it will implement the registration and allocation of a special ID card for 3 million individuals. This “residence document” will be “a legal requirement” and will “demonstrate to third parties” that EU citizens have “permission to continue to live and work legally in the UK.” It will grant individuals ““settled status” in UK law (indefinite leave to remain pursuant to the Immigration Act 1971)”.

The government has no reliable figure for the EU citizens living in the UK (3 million is an estimation). Even “modernised and kept as smooth as possible”, the administrative procedure may take a while. The Migration Observatory puts the figure at 140 years assuming current procedures are followed; let’s be optimistic and divide by 10, thanks to modernisation. That’s still 14 years, which is an awful lot.

To qualify to receive the settled status, an individual must have been resident in the UK for five years before a specified (although unspecified by the government at this time) date. Those who have not been a continuous UK resident for that long will have to apply for temporary status until they have reached the five years figure, to become eligible to apply for settled status.

That’s an application to be temporarily eligible to apply to be allowed to stay in the UK. Both applications for which the lengths of procedure remain unknown.

Will EU citizens awaiting for their temporary status be able to leave the country before they are registered? Before they have been here five years? How individuals will prove their continuous employment or housing is undisclosed – what about people working freelance? Lodgers? Will proof of housing or employment be enough, or will both be needed?

Among the many other practicalities the government’s offer does not detail is the cost of such a scheme, although it promises to “set fees at a reasonable level” – which means it will definitely not be free to be an EU citizen in the UK (before Brexit, it definitely was.)

And the new ID will replace any previous status held by EU citizens, which means even holders of permanent citizenship will have to reapply.

Remember that 140 years figure? Doesn’t sound so crazy now, does it?

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