Clare's Law - The Domestic Abuse Disclosure Scheme

Empowering Individuals to Make Informed Decisions About Their Safety

The States of Jersey Police are pleased to announce the launch of their awareness campaign for Clare’s Law.

The Domestic Abuse Disclosure Scheme, also known as Clare's Law, enables the police to disclose information to a victim or potential victim of domestic abuse about their partner’s previous abusive or violent behaviour. The scheme has 2 elements: "a right to know" (police proactively disclose information to protect a victim from harm from their partner) and "a right to ask" (a request made by any member of the public for information about whether a person has a history of domestic abuse or violent offending) The" right to ask" is the focus of the campaign.

You can make a disclosure application if you:

• Think you might be at risk of domestic abuse from a current or ex-partner
• Are worried about someone you know and think they may be at risk of domestic abuse
• Are a professional and you have information that suggests an individual might be at risk of domestic abuse

What is Clare’s Law?

Clare’s Law is the Domestic Abuse Disclosure Scheme. It's named after Clare Wood, who was murdered in 2009 by her ex-boyfriend who had a history of abuse against women.

The scheme allows you to ask police about the information they hold on a person in relation to domestic abuse offences and convictions if you believe that you or someone you know is in a relationship with an individual that could cause them significant harm.

Disclosures provide you with domestic abuse information police hold on an individual. If checks show that the individual has a record of violent behaviour or something that may put you at risk of harm, police will consider sharing this with you.

A disclosure request under this scheme can be made by:

• Someone who has concerns that their partner may harm them.

• A third party, such as a parent, neighbour or friend who has concerns about someone’s safety.

The Domestic Abuse Disclosure Scheme operates under two key procedures: the "Right to Ask," where a member of the public requests information, and the "Right to Know," where the police proactively disclose information if they believe it is necessary to prevent harm.

In both cases, disclosures are made only if they meet legal criteria, such as being necessary and proportionate to protect the potential victim.

The scheme provides several key benefits, including enabling those at risk to make informed decisions about their safety and ensuring that the police act responsibly to protect potential victims. Additionally, it encourages public involvement in safeguarding efforts.

The Domestic Abuse Disclosure Scheme applies to individuals with previous convictions or information indicating they pose a risk, even if this does not involve domestic abuse

How to make a request under Clare’s Law?

1. Initial Contact with the Police

When you first contact the police to make an enquiry under the Domestic Abuse Disclosure Scheme, a police officer or staff member will collect details about your relationship with the potential victim and their partner.

They will ask when and where it is safe to follow up with you, and you will need to provide your name, address, and date of birth. Later, you may need to provide proof of identity.

The police will conduct initial checks and a risk assessment based on the information you provide to identify any immediate concerns. These checks happen behind the scenes, and if you choose to report a crime during the conversation, the police will initiate a criminal investigation.

This could involve arresting the alleged abuser. Immediate action will only be taken if the police believe someone is at risk, but no formal disclosure of information will occur at this stage unless necessary to protect the victim.

2. Face-to-Face Meeting to Complete the Application – Maybe required (application will be completed prior to this)

If your case moves forward after initial contact, you may need to participate in a face-to-face meeting with the police to provide additional information and confirm your identity. At this meeting you may need to present a form of photo ID and possibly another form of ID (like a utility bill or bank statement).

The police will gather more details about the relationship and your concerns. Based on this, they may also consult other agencies, such as the Prison Service, Probation Service and Social Services, to run further checks. If there is any immediate risk to the potential victim during this time, the police will take immediate protective action.

3. Potential Disclosure

If the checks reveal that the person in question has a history of abusive behaviour or if other information indicates an immediate need to disclose in order to prevent further harm, the police may share this information with the person best positioned to protect the victim. Any disclosure will be carefully controlled and limited to what is legally permissible and deemed necessary to prevent future abuse.

If no concerning information is found, the police will inform you that there is no pressing need for disclosure. Even if the individual is not known for abusive offences, but troubling behaviour is observed, the police or other support agencies will work with you to provide advice and safeguard the potential victim.

Before disclosure, the person will be asked to sign an agreement that makes sure the information is used appropriately and not shared further. They will also be supported, if requested, by a member of the Jersey Domestic and Sexual Abuse Support (JDAS).

The entire process should take no longer than 28 days.

How to make a request under Clare’s Law?

For the police to share information under Clare’s Law, it must be considered lawful, proportionate, and necessary.

It must also be based on their usual powers to prevent crime and the disclosure must follow laws around data protection and human rights. It should be fair and reasonable, grounded in a real risk of abuse or harm.

In short, the police decide if disclosing a partner’s confidential records is appropriate based on the potential risk.

If police are able to disclose information under Clare’s law, it will be directly to the applicant in most cases. Or if someone has applied on behalf of a friend or relative, the police may choose to share directly with them if they think it’s appropriate.

If there’s no threat or the person is not known to the police, they may not disclose any information.

Who can ask for disclosure?

A disclosure under this scheme is the sharing of specific information about an individual with the person making the application or a third person for the purposes of protecting a potential victim from domestic abuse.

• Anyone can make an application about an individual who is or was with another person, and where there is a concern that the individual may harm or have harmed another person.

• Any concerned third party, such as a parent, neighbour or friend can make an application, not just the potential victim.

• A third party making an application would not necessarily receive the information about the individual concerned. It may be more appropriate for someone else to receive the information such as the potential victim or another person who is best placed to protect the potential victim.

Contacting the police

There are different ways you can contact the police:

• Visit the police station and ask to speak to an officer,
• Phone 612612, the non-emergency number for the police,
• Download the form and email it back to hello@jersey.police.je

If you believe there is an immediate risk of harm to someone, or it is an emergency, you should always call 999. 

Download Form

Once the form has been completed then please email it to hello@jersey.police.je If you suspect your emails are being monitored then remember to delete it from your sent folder and then again from your deleted folder. 

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