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Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Clare’s Law

4 replies

Wadingthroughshit · 09/05/2018 12:01

Hi everyone.
Has anyone used Clare’s Law before, especially looking to hear from those who have used the process in Scotland?
I have been told by a few professionals to use the service, however I am not technically in a relationship with the man anymore, so I’m not sure if I fit the criteria?
I’m also worried as I’ve heard elsewhere that if you disclose incidents to the police, they can prosecute without your consent...?
Many thanks.

OP posts:
Sweatymoose · 09/05/2018 13:46

Check out the FB group, lots of people on there who have used to service. I've never had to use it before so I don't know the process personally. The police can charge an offender after a complaint, even if you don't want to proceed, CPS decide whether to prosecute.

Smeddum · 09/05/2018 13:50

It wouldn’t be the CPS in Scotland, it would be the PF (Procurator Fiscal).

Under Scots law, there needs to be 2 pieces of independent evidence (eye witness/forensics/other evidence) for a prosecution without a complainant.

I haven’t had experience of using Clare’s Law, but if he is still around you can ask, especially if you’re fearing repercussions.

Wadingthroughshit · 09/05/2018 14:06

Thank you for your replies. I’m not really sure what to do about it. I think the thinkingmay be that I should apply for the disclosure, and I should tell the police about the relationship in case he does it in the future. However I could not handle any prosecution, I haven’t got the strength to go through it, and I also because I played my part in it all. I encouraged at times because I was positively reinforced.
I’m not sure what to do. I don’t want to cause trouble.
And I believe there are two incidents that he could be reprimanded for: putting an ad of me online and giving out my address to a stranger while my son slept upstairs.

OP posts:
Smeddum · 09/05/2018 14:43

They can’t force you to disclose incidents for a Clare’s Law application, you only need to disclose your relationship for that and explain that you have concerns.

Do you have RL support OP? You can contact women’s aid for advice on how to proceed?

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