And calls have also been made for the Island to consider creating a post for Jersey’s first domestic abuse commissioner to publicly lead on the issue which, latest figures show, accounts for one in six reported crimes in Jersey.
Advocate Rose Colley said there were a number of recommendations in the UK’s draft Domestic Abuse Bill which Jersey should consider introducing. The UK proposals were due to be debated by the Commons earlier this year but that debate was delayed because of the general election.
The draft UK bill also recommends the introduction of lie-detector testing for domestic abusers once they are released from custody to ensure they are adhering to licence requirements and establishing a statutory definition of domestic abuse. Under the draft UK law, abuse is defined as physical or sexual abuse, violent, threatening, controlling or coercive behaviour and economic, psychological or emotional abuse.
The UK bill also recommends moving the Domestic Abuse Disclosure Scheme – known as Clare’s Law – from common law to statutory. Under common law legislation, people have the right to ask and be told if their partner has a criminal history of domestic abuse.
Moving the law to statutory, authorities say, would ‘result in more people being warned of the dangers posed by their partners (or ex-partners) and help keep victims safer’.
Advocate Colley, of Viberts, said: ‘Clare’s Law is available in Jersey but, as in the UK, currently it is guidance and does not have a statutory footing. The bill in England would therefore strengthen the legal basis for it. This could be important in many cases and heighten knowledge of its availability.’
Figures in the UK, released this year, showed that 32% of respondents to a consultation on domestic abuse were not aware of Clare’s Law. Of those, 61% had been victims.
Advocate Colley added: ‘There were a number of practical recommendations in the bill such as the establishment of a Domestic Abuse Commissioner, ensuring that social landlords do not give tenancies to those who have been the perpetrator of abuse following a court finding and to ensure that such perpetrators are named in a statutory disclosure scheme. Perhaps Jersey should consider similar ideas?’
Earlier this year the Jersey Safeguarding Protection Board launched its domestic abuse strategy. And politicians, civil servants and lawmakers are currently working on a domestic abuse law.
Last month, the JSPB launched its domestic abuse campaign with the tag line: Would you know it if you saw it?
Reports of domestic abuse to the States police are increasing year on year. So far this year, the force has received 420 reports, almost ten a week, which accounts for 16% of all reported crime. In 2017 there were 329 reports (11%) and last year 466 (14%).
Advocate Colley added: ‘Perhaps it is useful to consider some hard facts about domestic abuse and the family courts. It has recently been reported that allegations of domestic abuse are made in more than half of the cases in England and Wales. Sir Andrew McFarlane, the senior family judge there, stated “the best research we have is that allegations of domestic abuse are made in 60% of all family cases”. There is no similar research in Jersey but it would be no surprise to find that levels are similar.
‘Domestic abuse can, of course, be physical but in many, many cases it is emotional and financial. This is why, in family cases, it is essential to have a clear definition of domestic abuse.
The lawyer continued: ‘It is also essential, when dealing with family cases, that the court defines domestic abuse widely enough to cover coercive and controlling behaviour. The NSPCC gives examples of children being taught to lock the other parent out of the house in the rain or to claim that a meal had not been cooked by the resident parent. The NSPCC states that domestic abuse has been shown to have profound emotional and mental-health impacts on children which can led to children having unsafe relationships in the future.’
