An international review and normative examination of the collateral consequences of criminal record disclosures for domestic abuse

Abstract

Domestic abuse disclosure schemes allow members of the public to request and receive information from police about the criminal histories of their partners, if they are at risk of abuse. In doing so, they open new pathways for disclosure of criminal record information beyond the spheres of employment and access to public services. This article reviews existing domestic abuse disclosure schemes and addresses their normative implications. Specifically, it examines the extent to which moral and legal criticisms that are frequently levelled at other kinds of criminal record checks apply equally to domestic abuse disclosure schemes. It is argued that, while domestic abuse disclosure schemes are less susceptible to criticisms of unfair disadvantage or disproportionate punishment than employer checks or other forms of third-party disclosure, they sit uneasily with respect for the moral agency and dignity of people with histories of abuse. These insights reveal the limits of a one-size-fits-all approach to analysis of criminal record disclosures, highlighting the need for more granular, crime-specific research in this field.