DVDS Flashcards
What does DVDS stand for?
Domestic violence disclosure scheme
What has common law got to do with DVDS?
It is the authority of the police to disclose information where is it necessary to prevent and detect a crime, rests on their common law power to do so. However, this common law power must be exercised in accordance with statutory obligations.
What has data protection act 2018 got to do with DVDS?
Information that is shared under DVDS remains the responsibility of the agency’s hat holds it. The information is requested and the agency, under the data protection act, shares this accordingly. The information shared should also comply with the act.
Who is involved in a DVDS application?
1 the applicant - the person making the application under “right to ask”
2 person at risk - the person who is potentially at risk from the subject, they could also be the applicant
3 subject - this is the person who is of concern and an intimate partner of the person at risk
What could happen to someone making a malicious application?
Anyone wilfully and maliciously providing false information to get a disclosure may risk prosecution
What happens if there’s is a criminal offence disclosed in the application?
The police will Perdue this under normal criminal investigation procedures and consideration must always be given to safeguarding
Can the police disclose any information?
No. They must only disclose relevant information. Any information disclose by the police must only be used for the purpose of which it has been shared
Will the application be confidential?
The application will be dealt with confidentially, but confidentiality can only be guaranteed pending the outcome of the disclosed process
Would the police ever seek representations from the subject?
Yes, if concerns arise about the subject the police must consider whether they should be sought
Will we tell the applicant precise details?
It may not be necessary to tell the applicant the precise details of the offence for the applicant to protect themselves or the person at risk
What are the two routes of DVDS?
Right to ask & right to know
What is ‘right to ask’?
Right to ask is when ANY person makes a direct application to the police for information about someone’s previous violent behaviour
What is ‘right to know’?
The right to know is when police receive information indirectly that may impact the safety of the individual and which has not been conveyed to the police via the right to know process
What is the process for right to ask?
1 Applicant contacts police
2 initial checks on subject in case of immediate risk (within 24 hours)
3 face to face verification (within 10 working days)
4 full risk assessment (5 working days)
5 refer to local decision making forum
6 decision not made/made to disclose information (within 20 days)
What is the process of right to know?
1 indirect information received by police
2 appropriate checks completed (5 working days)
3 decision made/not made to disclose information (within 20 days)
