A ‘Policy Spiral’ in Common Law Jurisdictions

Abstract

This chapter details the nature of the ‘policy spiral’, as conceived of by Prof. Clive Walker, as it has unfolded in relation to Domestic Abuse Disclosure Schemes around the common law world. The chapter therefore takes in commonalities in the development and deployment of the Disclosure Scheme for Domestic Abuse (Scotland), the Domestic Violence and Abuse Disclosure Scheme in Northern Ireland, the Family Violence Information Disclosure Scheme in New Zealand, ‘Clare’s Law’ in several provinces in Canada and the fragmented approach between states in Australia. There are also disclosure schemes to consider from the smaller jurisdictions of Jersey and the Isle of Man. Overall, this chapter makes the case for the range of Domestic Abuse Disclosure Schemes globally as a prime example of a ‘policy spiral’, not well-evidenced or evaluated, more populist than pragmatic, and with uncertain benefits.