Strengthening the criminal justice system in respect of domestic violence, and improving the response of the police and other agencies to such abuse
Submitting Institution
University of BristolUnit of Assessment
Social Work and Social PolicySummary Impact Type
SocietalResearch Subject Area(s)
Medical and Health Sciences: Public Health and Health Services
Studies In Human Society: Criminology, Other Studies In Human Society
Summary of the impact
National and international policy on domestic violence has been strongly
influenced since 2008 by a series of studies on domestic violence
conducted at the University of Bristol, resulting for example in the
piloting of a national disclosure scheme. The studies have also had a
positive impact on the practical ways in which agencies such as the police
respond to domestic violence as well as influencing the development of a
European Police handbook on domestic violence. The criminal justice
system, practitioners and victims have benefited from the studies'
insights into the `attrition' that can occur between the reporting of an
act of domestic violence to the police and the final outcome in court.
They have also gained from Bristol's work on the profiles of perpetrators
and the behavioural differences between male and female perpetrators.
Underpinning research
The underpinning research involved three main studies which were led by
Professor Marianne Hester, Chair in Gender, Violence and International
Policy at the University of Bristol.
1. The attrition study (2001 to 2003)
This research [see ref 1] was commissioned by the Northern Rock Foundation
following competitive tender and was carried out across the Northumbria
Police Force area. The key research question was related to "attrition" or
why cases of domestic violence fail to progress to prosecution or
conviction and reasons for such `drop out' between the time they are
reported to the police and the time court proceedings end. The study
contextualised this through the experiences of individuals (mainly women)
who had been victimised by domestic violence, as well as through the
perspectives and practices of the police, prosecutors, the courts and
non-criminal justice agencies. To establish a detailed and triangulated
picture of attrition, a representative sample of 356 cases involving 869
incidents were tracked through police databases and Crown Prosecution
Service case files. Twenty-five cases were observed in Magistrates' and
Crown Courts. Interviews were conducted with 74 domestic violence victims
and 56 staff from criminal justice and other agencies. The research is
still the most detailed work on attrition in domestic violence cases in
the UK. The research found a complex relationship between victim safety,
policing, prosecution and court outcomes, and highlighted the importance
of consistency across the criminal justice system and other agencies. For
victimised women, attrition might be either positive or negative depending
on the extent to which the criminal justice enabled positive management of
their safety. [1]
2. Identifying and assessing the practical needs of domestic violence
offenders to inform early intervention (2004 to 2005)
Hester was commissioned by the Northern Rock Foundation and the Home
Office to undertake further work on domestic violence and the criminal
justice system [see ref 2]. Hester led a collaboration involving a team of
Home Office researchers, unique in having a university based academic
lead. The research had three strands:
- developing a detailed picture of domestic violence perpetrators
entering the criminal justice system;
- identifying agencies and services involved in interventions with such
perpetrators;
- highlighting perpetrators' help-seeking pathways and potential
opportunities for early intervention and prevention regarding
perpetration.
Six hundred and ninety-two perpetrator profiles were compiled using
anonymised data from the Northumbria police tracked over three years, as
well as material from interviews with 62 domestic violence perpetrators
and a wide range of agencies and organisations. There was evidence of
repeat perpetration by half of perpetrators within three years, and that
nearly one in five reoffended against a different partner. New evidence
was found of `help-seeking' by perpetrators, who would most frequently
access GPs to elicit help.[2]
3. Gender of perpetrators (2007 to 2009)
Hester was commissioned by the Northern Rock Foundation specifically to
explore the issue of gender and perpetration [see refs 3 & 4]. The study
explored how male victims and perpetrators of domestic violence may differ
from female victims and perpetrators in respect of the nature and number of
domestic violence incidents recorded by the police, and looked at the police
response. Building on the data from the two earlier studies, a sample of 96
cases was compiled using randomisation and saturation, which included male,
female and dual perpetrator cases. To explore in depth the nature of
domestic violence, which is a pattern of behaviour over time, the 96 cases
were tracked over six years, providing a detailed longitudinal picture of
domestic violence perpetration by men and women recorded by the police. It
is the only such detailed research in the UK, and is also unique
internationally. The research found that cases were very varied, but that
there were distinct patterns by gender. There were significant differences
between male and female perpetrators of domestic violence in many respects,
including the forms of violence, extent of abuse and impacts. Domestic
violence by male perpetrators was more severe and involved a greater number
of incidents while women were more likely to use weapons, often for
self-protection. Female perpetrators were disproportionately more likely to
be arrested. [3 & 4]
References to the research
Research outputs
The references include both reports and academic journal articles. The
reports are important as they have been accessed extensively by
practitioners and acted as vehicles for impact. The reports were all
reviewed by academic peers and key stakeholders/practitioners.
[1] Hester, M. (2006) `Making It through the Criminal Justice System:
Attrition and Domestic Violence', Social Policy and Society, 5
(1): 79-90. DOI 10.1017/S1474746405002769.
[2] Hester, M., Westmarland, N., Gangoli, G., Wilkinson, M., O'Kelly, C.,
Kent, A. & Diamond, A. (2006) Domestic Violence Perpetrators:
Identifying Needs to Inform Early Intervention, Bristol: University
of Bristol in association with the Northern Rock Foundation and the Home
Office. http://www.nr-foundation.org.uk/wp-content/uploads/2011/07/DomesticViolence_Report.pdf.
[4] Hester, M. (2012) `Portrayal of Women as Intimate Partner Domestic
Violence Perpetrators', Violence Against Women, 18 (9): 1067-1082.
DOI 10.1177/1077801212461428.
[5] Hester, M. (2013) `Who does what to whom? Gender and domestic
violence perpetrators in English police reports', European Journal of
Criminology. Published online before print April 16, 2013. DOI
10.1177/1477370813479078.
Grants
These were awarded by the Northern Rock Foundation following a
rigorous process of review by Foundation staff and trustees.
[6] Hester (2001-2003) Attrition in domestic violence cases
entering the criminal justice system, Northern Rock Foundation,
£124,150. This research was commissioned following competitive tender.
[7] Hester (2004-2005) Early Intervention with Domestic
Violence Perpetrators, Northern Rock Foundation and the Home Office,
£67,877. Following the success of the previous research, Hester was
commissioned by the Northern Rock Foundation and the Home Office to carry
out this project.
[8] Hester (2007-2009) Gender and Domestic Violence
Perpetrators, Northern Rock Foundation, £30,000. Hester was again
specially commissioned to carry out this work due to particular knowledge
and expertise in the area.
Details of the impact
Impact on policing
In evidence collected during a Knowledge Transfer Partnership (KTP)
project [see source [a], section 5], interviews with stakeholders and
criminal justice staff in the North East indicated that while the
Northumbria police were initially concerned that the attrition study
findings were critical of their response to domestic abuse incidents, they
were in fact receptive to those findings. The findings were said to
contribute to a raised awareness within Northumbria of inconsistency in
the charges made against alleged perpetrators of domestic violence
incidents and contributed to the re-examination of the police response to
such incidents.
The attrition study has subsequently influenced policing and police
responses to domestic violence across Europe, since it was used
extensively as a source of evidence in a report in 2012 entitled Overcoming
attrition in domestic violence cases [b]. This report was
commissioned by the Cyprus Police as the background and guiding paper to a
wider project on domestic violence which has subsequently resulted in a
European Police Handbook on Good Practice on Overcoming Attrition in
Domestic Violence within the framework of the Cyprus Presidency of the
Council of the European Union. The editor of the report has described
Hester's research as "influential and guiding ... [as] is evident in the
report" [c]. Hester's research provides much of the evidence base for the
report and specifically informs the report's recommendations that domestic
violence interventions should have a multi-agency approach at their
foundation, that interventions should be conducted according to a victim
safety-centred approach, and that where victims have dropped out of legal
proceedings "Victimless" investigations should be pursued where possible.
Hester contributed to the drafting of the European Police Handbook, when
it was presented at a workshop drawing the CEPOL Presidency Conference in
July 2012. The handbook received final approval by the European Commission
in November 2012. [c]
Impact on policy
There are many examples of how the studies have been used to inform UK
criminal justice policy and guidance since 2008. The attrition study was
referenced numerous times in the Home Affairs Select Committee Report on
domestic violence in 2008 [d]. For example, Hester's work was cited as
evidence that only a quarter of domestic violence cases which are reported
result in arrest. As a result of this report, the Home Office commissioned
a review from the Association of Chief Police Officers (ACPO) in 2008
entitled "Tackling perpetrators of violence against women and girls" [e],
which specifically cites the Select Committee Report. The review attests,
"Professor Marianne Hester and her team at the University of Bristol were
commissioned to compile the research and related evidence for the Review."
All three of the research studies described above were used as evidence
for the review, but the perpetrator study [2] was particularly influential
in informing the following recommendation, "This Review recommends that
the law be changed to permit the registration and `tracking' of serial
perpetrators of violence against women and girls". [e, p11 and 34]
The ACPO review then formed the basis of the Domestic Violence Disclosure
Scheme Consultation and Pilot Scheme, popularly known as "Clare's Law".
[f] The consultation exercise asked for views on three options:
- continue current arrangements under existing law
- a "right to ask" national disclosure scheme
- a "right to know" national disclosure scheme
On the basis of the results of the consultation exercise a one-year pilot
commenced in the summer of 2012 to test out a domestic violence disclosure
scheme in the police force areas of Greater Manchester, Gwent,
Nottinghamshire and Wiltshire. The pilot is testing a process for enabling
the police to disclose to the public information about previous violent
offending by a new or existing partner where this may help protect them
from further violent offending. The pilot is testing two types of process
for disclosing this information. The first would be triggered by a request
by a member of the public ("right to ask"). The second would be triggered
by the police where they make a proactive decision to disclose the
information in order to protect a potential victim ("right to know"). Both
processes can be implemented within existing legal powers.
The impact of this research into domestic violence has also extended
beyond the UK. Interview data collected during the KTP reveals that the
attrition study findings were used as evidence in the passage of the
aggravated domestic violence bill by the New York State Assembly (June
2011). This legislation establishes the felony crime of aggravated family
offence for cases in which an offender is repeatedly convicted of abuse
against a family member. The interviewee, explained, "a lot of the
argument was drawn from the attrition study that showed that multiple
offences were treated no differently than the initial offences."
[a]
The attrition study was cited in a report commissioned by Her Majesty's
Prison Cardiff on restorative justice and domestic violence with the aim
of increasing the effectiveness of their programmes with domestic violence
perpetrators [g]. Interview data from the attrition study was used as part
of a review commissioned by Her Majesty's Inspectorate of Constabulary and
Her Majesty's Crown Prosecution Inspectorate to inform their joint
thematic inspection of the investigation and prosecution of domestic
violence cases [h]. In addition, the studies were included in a literature
review commissioned by the Crown Prosecution Service and the Department of
Constitutional Affairs to help the criminal and civil justice government
agencies judge the effectiveness of specialist courts and to inform the
government policy debate on specialist courts [i].
Impact on professionals and practitioners
The perpetrator study [2] has been used widely within the national
organisation RESPECT (the UK membership association for domestic violence
perpetrator programmes and associated support services) to inform their
work with professionals and practitioners, for example in training
materials and presentations delivered to a wide range of professionals and
practitioners [j]. The findings on men seeking help and approaching their
GPs was included in ten training events about perpetrators delivered
during 2011 to NHS staff, social workers, drug and alcohol workers, mental
health teams and council staff across London and East Sussex. The gender
of perpetrator study [3 & 4] has been placed on the list of required
reading for Domestic Homicide Review panels by the Home Office Reader as
part of the quality assurance process.
In September 2012 Marianne Hester was awarded an OBE for her contribution
to the prevention of domestic violence.
Sources to corroborate the impact
[a] Sarah-Jane Lilley, ESRC funded Knowledge Transfer Partnership Phase 1
(internal) report on `Using research to increase the value and impact of
the third sector: an evaluation of the Northern Rock Foundation's
`research-project' approach', July 2011, pp 14-19.
[b] Veis Costas M., ed. Overcoming attrition in domestic violence
cases. Cyprus Police Headquarters, June 2012. [Publication available
on request]
[c] Superintendent, Cyprus Police Headquarters. [Factual statement]
[d] House of Commons `Domestic Violence, Forced Marriage and
`Honour'-based Violence, Home Affairs Select Committee Sixth Report of
Session 2007-08 Volume 1, 13 June 2008. London. The Stationery Office.
[e] Tackling Perpetrators of Violence Against Women and Girls (2009).
ACPO Review for the Home Secretary (November 2009) Version 2.0.
[Publication available on request]
[f] House of Commons, "Clare's Law: the Domestic Violence Disclosure
Scheme Consultation", House of Common Library, Standard Note SN/HA/6250 9
March 2012
[g] Restorative Justice and Domestic Violence / Abuse: A report
commissioned by HMP Cardiff funded by the Home Office Reduction Unit for
Wales (2008). Cites the studies
[h] Paradine, K. and Wilkinson, J. (2004) Protection and Accountability:
the reporting, investigation and prosecution of domestic violence cases.
CENTREX. [Publication available on request]
[i] Cook, D., Burton, M., Robinson, A. and Vallely, C. (2004) Evaluation
of Specialist Domestic Violence Courts Fast Track System. Cardiff.
[j] Development Director, Respect. [Factual statement]