Serious Crime Bill (HC Bill 116)

(3) The court may remand a person on bail—

(a) by taking from the person a recognizance (with or without
sureties) conditioned as provided in paragraph 11, or

(b) 25by fixing the amount of the recognizances with a view to their
being taken subsequently in accordance with paragraph 14
and, in the meantime, committing the person to custody as
mentioned in sub-paragraph (2) above.

(4) Where a person is brought before the court after remand the court
30may further remand the person.

(5) In this paragraph and in paragraphs 11 to 14, references to “the
court” includes a reference to a judge of the court or, in the case of
proceedings in a magistrates’ court, a justice of the peace.

11 (1) Where a person is remanded on bail, the court may direct that the
35person’s recognizance be conditioned for his or her appearance—

(a) before the court at the end of the period of remand, or

(b) at every time and place to which during the course of the
proceedings the hearing may from time to time be adjourned.

(2) Where a recognizance is conditioned for a person’s appearance as
40mentioned in sub-paragraph (1), the fixing of any time for the person
next to appear is to be treated as a remand.

(3) Nothing in this paragraph deprives the court of power at any
subsequent hearing to remand a person afresh.

12 (1) The court may not remand a person for a period exceeding 8 clear
45days unless—

(a) the court adjourns a case under paragraph 9(1), or

(b) the person is remanded on bail and both that person and the
other party to the proceedings (or, in the case of criminal
proceedings, the prosecution) consent.

(2) 5If sub-paragraph (1)(a) applies, the person may be remanded for the
period of the adjournment.

(3) Where the court has power to remand a person in custody, the
person may be committed to the custody of a constable if the remand
is for a period not exceeding 3 clear days.

13 (1) 10If the court is satisfied that a person who has been remanded is
unable by reason of illness or accident to appear before the court at
the end of the period of remand, the court may further remand the
person in his or her absence.

(2) The power in sub-paragraph (1) may, in the case of a person who was
15remanded on bail, be exercised by enlarging the person’s
recognizance and those of any sureties to a later time.

(3) Where a person remanded on bail is bound to appear before the
court at any time and the court has no power to remand the person
under sub-paragraph (1), the court may, in the person’s absence,
20enlarge the person’s recognizance and those of any sureties for the
person to a later time.

(4) The enlargement of a person’s recognizance is to be treated as a
further remand.

(5) Paragraph 12(1) (limit of remand) does not apply to the exercise of
25the powers conferred by this paragraph.

14 (1) This paragraph applies where under paragraph 10(3)(b) the court
fixes the amount in which the principal and the sureties (if any) are
to be bound.

(2) The recognizance may afterwards be taken by a person prescribed by
30rules of court (with the same consequences as if it had been entered
into before the court).

Contempt proceedings

15 The powers of the court in relation to contempt of court arising out
of a person’s failure to comply with an FGM protection order, or
35otherwise in connection with such an order, may be exercised by the
relevant judge.

Other protection or assistance against female genital mutilation

16 (1) Nothing in this Part of this Schedule affects any other protection or
assistance available to a girl who is or may become the victim of a
40genital mutilation offence.

(2) In particular, it does not affect—

(a) the inherent jurisdiction of the High Court;

(b) any criminal liability;

(c) any civil remedies under the Protection from Harassment Act
1997;

(d) any right to an occupation order or a non-molestation order
under Part 4 of the Family Law Act 1996;

(e) 5any right to a forced marriage protection order under Part 4A
of that Act;

(f) any protection or assistance under the Children Act 1989;

(g) any claim in tort.

Interpretation

17 (1) 10In this Part of this Schedule—

• “the court”, except as provided in sub-paragraph (2), means the
  High Court, or the family court, in England and Wales;

• “FGM protection order” means an order under paragraph 1;

• “genital mutilation offence” means an offence under section 1, 2
  15or 3;

• “the relevant judge”, in relation to an FGM protection order,
  means—

  (a)

  where the order was made by the High Court, a judge
  of that court;

  (b)

  20where the order was made by the family court, a
  judge of that court;

  (c)

  where the order was made by a court in criminal
  proceedings under paragraph 3—

  (i)

  a judge of that court, or

  (ii)

  25a judge of the High Court or of the family
  court.

(2) Where the power to make an FGM protection order is exercisable by
a court in criminal proceedings under paragraph 3, references in this
Part of this Schedule to “the court” (other than in paragraph 2) are to
30be read as references to that court.

(3) In paragraph (c)(i) of the definition of “relevant judge” in sub-
paragraph (1), the reference to a judge of the court that made the
order includes, in the case of criminal proceedings in a magistrates’
court, a reference to a justice of the peace.

35Part 2 Northern Ireland

Power to make FGM protection order

18 (1) The court in Northern Ireland may make an order (an “FGM
protection order”) for the purposes of—

(a) 40protecting a girl against the commission of a genital
mutilation offence, or

(b) protecting a girl against whom any such offence has been
committed.

(2) In deciding whether to exercise its powers under this paragraph and,
45if so, in what manner, the court must have regard to all the