Cambridgeshire Constabulary
Ethics Playing Cards
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Q
Knowing that you work in policing, a friend comes to you because they are really worried about their new partner. What can you do for them?
Case Studies
- The police can apply Clare’s Law to divulge a partner’s DV background - can you bypass or speed up this process?
- What would you do if you felt that the friend is possibly in immediate danger?
- What would you do if you were not convinced that there was an immediate threat?
- What about if the friend had bruises but insisted everything was ok and it was the officer who wanted to use Clare’s Law?
Discussion
- Clare’s Law refers to the Domestic Violence Disclosure Scheme that allows members of the public to formally request or receive usually confidential information about a romantic partner’s criminal history. This can be a current partner, or an ex-partner if there is a fear of a threat to someone’s safety. A close friend or relative may also ask for such a disclosure, but that information would normally only be shared with the person who is deemed at risk. Any disclosures have to be considered ‘lawful’, ‘proportionate’ and ‘necessary’.
- Who has access to information that might be disclosed under Clare’s Law? Does it change anything depending on the department you work in?
- There are clearly things you can do to help. The real question here is which path to follow and who should actually do it? Due to your connection with your friend, it is highly unlikely that you are best placed to deal with this yourself.
Claire’s law involves an 8-step process, but this might be bypassed if it is an emergency (there is a common law power relating to the disclosure of information to a third party to prevent someone from coming to harm). This could be done on the basis of threat, risk and likely harm – however, it is likely that if the officer does this themselves, it not only attracts the wrong narrative, it also exposes them to risk. Noble cause isn’t a legitimate function of the police if it is possible to engage a manager quickly, thereby achieving the same aim without raising risks for either party. If the matter was an immediate risk of life or death, then Clare’s law would probably not be the appropriate pathway as other safeguarding strategies would be deployed – such as rehousing to safety the victim or proactive suspect engagement.
The appropriate answer is that unless it is an immediate life-or-death situation, this is best handled by a colleague/manager since you are too involved in the situation.
The appropriate answer is that unless it is an immediate life-or-death situation, this is best handled by a colleague/manager since you are too involved in the situation.