Anti-social Behaviour, Crime and Policing Bill (HL Bill 52)

(a) that person, or any other person, makes an application for such a
review, and

(b) 30the relevant bodies decide that the threshold for a review is met.

(2) The relevant bodies in each local government area must—

(a) make arrangements about the carrying out of ASB case reviews by
those bodies (“review procedures”); and

(b) ensure that the current review procedures are published.

(3) 35The review procedures must include provision about the making of
applications for ASB case reviews; and, in particular, must—

(a) specify the point of contact for making applications, and

(b) ensure that applications made to that point of contact are passed on to
all the relevant bodies in the local government area.

(4) 40In a situation where—

(a) an application for an ASB case review is made, and

(b) at least three (or, if a different number is specified in the review
procedures, at least that number of) qualifying complaints have been
made about the anti-social behaviour to which the application relates,

45the relevant bodies must decide that the threshold for a review is met.

(5) In any other situation where an application for an ASB case review is made, the
question whether the threshold for a review is met must be decided by the
relevant bodies in accordance with the review procedures; and the procedures
may, in particular, include provision for this purpose which is framed by
5reference to any of these matters—

(a) the persistence of the anti-social behaviour about which the original
complaint was made;

(b) the harm caused, or the potential for harm to be caused, by that
behaviour;

(c) 10the adequacy of the response to that behaviour.

(6) After the relevant bodies have decided whether or not the threshold for a
review is met, they must inform the applicant of their decision.

(7) The relevant bodies who carry out an ASB case review may make
recommendations to a person who exercises public functions (including
15recommendations to a relevant body) in respect of any matters arising from the
review; and the person must have regard to the recommendations in exercising
public functions.

(8) The relevant bodies who carry out an ASB case review must inform the
applicant of—

(a) 20the outcome of the review, and

(b) any recommendations made in accordance with subsection (7).

(9) As soon as practicable after the end of a reporting period, the relevant bodies
in a local government area must publish information about the following
matters which relates to that period—

(a) 25the number of applications for ASB case reviews made to those bodies;

(b) the number of times those bodies decided that the threshold for a
review was not met;

(c) the number of ASB case reviews those bodies have carried out;

(d) the number of ASB case reviews carried out by those bodies that have
30resulted in recommendations being made.

(10) The question whether a complaint made about anti-social behaviour is a
“qualifying complaint” for the purposes of subsection (4) is to be determined
in accordance with subsections (11) and (12).

(11) A complaint about anti-social behaviour is a qualifying complaint if—

(a) 35the complaint is made within the period of one month (or, if a different
period is specified in the review procedures, that period) beginning
with the date on which the behaviour is alleged to have occurred; and

(b) the application for the ASB case review is made within the period of six
months (or, if a different period is specified in the review procedures,
40that period) beginning with the date on which the complaint is made.

(12) But where a person makes two or more complaints about anti-social behaviour
which meet the requirements in subsection (11), the question of which
complaint is, or which complaints are, qualifying complaints is to be decided
by the relevant bodies in accordance with the review procedures.

45The procedures may, in particular, include provision for this purpose which is
framed by reference to whether different complaints relate to different aspects
of particular anti-social behaviour (including different incidents comprised in
particular anti-social behaviour).

The procedures may, in particular, include provision for this purpose which is
50framed by reference to whether different complaints relate to different aspects
of particular anti-social behaviour (including different incidents comprised in
particular anti-social behaviour).

(13) Schedule 4 (ASB case reviews: supplementary provision) has effect.

97 ASB case reviews: interpretation

(1) This section applies for the purposes of section 96, this section and Schedule 4.

(2) In relation to England—

• 5“local government area” means an area for which there is—

  (a)

  a relevant district council, or

  (b)

  a unitary authority;

• “relevant district council” means the council of a district so far as it is not
  a unitary authority;

• 10“unitary authority” means—

  (a)

  the council of a county so far as it is the council for an area for
  which there are no district councils,

  (b)

  the council of any district comprised in an area for which there
  is no county council,

  (c)

  15a London borough council,

  (d)

  the Common Council of the City of London in its capacity as a
  local authority, or

  (e)

  the Council of the Isles of Scilly;

and, in relation to a local government area in England—

• 20“local provider of social housing” means a private registered provider of
  social housing that—

  (a)

  grants tenancies of dwelling-houses in that area, or

  (b)

  manages any house or other property in that area;

• “relevant bodies” means—

  (a)

  25the relevant district council or the unitary authority,

  (b)

  the chief officer of police for the police area which that local
  government area is within,

  (c)

  each clinical commissioning group established under section
  14V of the National Health Service Act 2006 whose area is
  30wholly or partly within that local government area, and

  (d)

  any local providers of social housing who are among the
  relevant bodies by virtue of the co-option arrangements made
  in relation to that local government area.

(3) In relation to Wales—

• 35“local government area” means—

  (a)

  a county, or

  (b)

  a county borough;

and, in relation to a local government area in Wales—

• “local provider of social housing” means a body registered as a social
  40landlord under section 3 of the Housing Act 1996 that—

  (a)

  grants tenancies of dwelling-houses in that area, or

  (b)

  manages any house or other property in that area;

• “relevant bodies” means—

  (a)

  the council for the area,

  (b)

  45the chief officer of police for the police area which that local
  government area is within,

  Anti-social Behaviour, Crime and Policing BillPage 70

  (c)

  each Local Health Board whose area is wholly or partly within
  that local government area, and

  (d)

  any local providers of social housing who are among the
  relevant bodies by virtue of the co-option arrangements made
  5in relation to that local government area.

(4) These expressions have the meanings given—

• “anti-social behaviour” means behaviour causing harassment, alarm or
  distress to members or any member of the public;

• “applicant” means a person who makes an application for an ASB case
  10review;

• “ASB case review” has the meaning given in section 96(1);

• “dwelling-house” has the same meaning as in the Housing Act 1985;

• “co-option arrangements” has the meaning given in paragraph 5 of
  Schedule 4;

• 15“reporting period”, in relation to the publication of information by the
  relevant bodies in a local government area, means a period, not
  exceeding 12 months, determined by those bodies.

Part 7 Dangerous dogs

98 20Keeping dogs under proper control

(1) The Dangerous Dogs Act 1991 is amended as follows.

(2) In section 3 (keeping dogs under proper control)—

(a) in subsection (1)—

(i) for “a public place” there is substituted “any place in England or
25Wales (whether or not a public place)”;

(ii) after “injures any person” there is inserted “or assistance dog”;

(b) after subsection (1) there is inserted—

“(1A) A person (“D”) is not guilty of an offence under subsection (1)
in a case which is a householder case.

(1B) 30For the purposes of subsection (1A) “a householder case” is a
case where—

(a) the dog is dangerously out of control while in or partly
in a building, or part of a building, that is a dwelling or
is forces accommodation (or is both), and

(b) 35at that time—

(i) the person in relation to whom the dog is
dangerously out of control (“V”) is in, or is
entering, the building or part as a trespasser, or

(ii) D (if present at that time) believed V to be in, or
40entering, the building or part as a trespasser.

Section 76(8B) to (8F) of the Criminal Justice and Immigration
Act 2008 (use of force at place of residence) apply for the
purposes of this subsection as they apply for the purposes of
subsection (8A) of that section (and for those purposes the
45reference in section 76(8D) to subsection (8A)(d) is to be read as
if it were a reference to paragraph (b)(ii) of this subsection).”;

(c) subsection (3) is repealed;

(d) in subsection (4)—

(i) the words “or (3)” are omitted;

(ii) for “either of those subsections” there is substituted “that
5subsection”.

(3) In section 4 (destruction and disqualification orders), the words “or (3)” are
omitted in both places where they occur in subsection (1).

(4) In section 4A (contingent destruction orders)—

(a) in subsection (1)(a) the words “or (3)” are omitted;

(b) 10in subsection (4) the words “or (3)” are omitted.

(5) In section 5 (seizure, entry of premises and evidence)—

(a) in subsection (1)(c), for “one” there is substituted “a dog”;

(b) after subsection (1) there is inserted—

“(1A) A constable or an officer of a local authority authorised by it to
15exercise the powers conferred by this subsection may seize any
dog in a place in England or Wales which is not a public place,
if the dog appears to the constable or officer to be dangerously
out of control.”

(6) In section 10 (interpretation)—

(a) 20in subsection (2), after the definition of “advertisement” there is
inserted—

• ““assistance dog” has the meaning given by section 173(1)
  of the Equality Act 2010;”;

(b) in subsection (3)—

(i) 25after “injure any person” there is inserted “or assistance dog”;

(ii) after “injuring a person” there is inserted “or assistance dog”.

99 Whether a dog is a danger to public safety

(1) The Dangerous Dogs Act 1991 is amended as follows.

(2) In section 1 (dogs bred for fighting) after subsection (6) there is inserted—

“(6A) 30A scheme under subsection (3) or (5) may in particular include
provision requiring a court to consider whether a person is a fit and
proper person to be in charge of a dog.”

(3) In section 4 (destruction and disqualification orders) after subsection (1A)
there is inserted—

“(1B) 35For the purposes of subsection (1A)(a), when deciding whether a dog
would constitute a danger to public safety, the court—

(a) must consider—

(i) the temperament of the dog and its past behaviour, and

(ii) whether the owner of the dog, or the person for the time
40being in charge of it, is a fit and proper person to be in
charge of the dog, and

(b) may consider any other relevant circumstances.”

(4) Section 4B (destruction orders otherwise than on a conviction) is amended as
follows—

(a) in subsection (1), after “section 5(1) or (2) below” there is inserted “or in
exercise of a power of seizure conferred by any other enactment”;

(b) after subsection (2) there is inserted—

“(2A) For the purposes of subsection (2)(a), when deciding whether a
5dog would constitute a danger to public safety, the justice or
sheriff—

(a) must consider—

(i) the temperament of the dog and its past
behaviour, and

(ii) 10whether the owner of the dog, or the person for
the time being in charge of it, is a fit and proper
person to be in charge of the dog, and

(b) may consider any other relevant circumstances.”

Part 8 15Firearms

100 Offence of possessing firearm for supply etc

(1) The Firearms Act 1968 is amended as set out in subsections (2) to (8).

(2) In section 5 (which includes, in subsections (1) and (1A), offences of
unauthorised possession etc of prohibited weapons and ammunition)—

(a) 20in subsection (1) the words “, or manufactures, sells or transfers” are
omitted;

(b) in subsection (1A) the words “or sells or transfers” are omitted.

(3) After subsection (2) of that section there is inserted—

“(2A) A person commits an offence if without authority—

(a) 25he manufactures any weapon or ammunition specified in
subsection (1) of this section,

(b) he sells or transfers any prohibited weapon or prohibited
ammunition,

(c) he has in his possession for sale or transfer any prohibited
30weapon or prohibited ammunition, or

(d) he purchases or acquires for sale or transfer any prohibited
weapon or prohibited ammunition.”

(4) For subsection (3) of that section there is substituted—

“(3) In this section “authority” means an authority given in writing by—

(a) 35the Secretary of State (in or as regards England and Wales), or

(b) the Scottish Ministers (in or as regards Scotland).”

(5) In section 5A (exemptions from requirement of authority under section 5)—

(a) in subsections (1), (3), (4), (5), (6) and (7), the words “subsection (1A) of”
are omitted;

(b) 40in subsections (1) and (3), for “any prohibited weapon or ammunition”
there is substituted “any weapon, ammunition or missile specified in
subsection (1A) of that section”.

(6) In section 51A (minimum sentences for certain offences), in subsection (1A),

before paragraph (a) there is inserted—

“(za) section 5(2A) (manufacture, sale or transfer of firearm, or
possession etc for sale or transfer);”.

(7) In Schedule 6 (prosecution and punishment of offences), in Part 1 (table of
5punishments) the words “or distributing” are omitted in the entries for—

(a) section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c),

(b) section 5(1)(b),

(c) section 5(1A)(a), and

(d) section 5(1A)(b), (c), (d), (e), (f) or (g).

(8) 10In Part 1 of that Schedule, after the entry for section 5(1A)(b), (c), (d), (e), (f) or
(g) there is inserted—

(9) In section 1 of the Firearms (Amendment) Act 1997 (extension of section 5 of
the 1968 Act to prohibit certain small firearms etc), after subsection (7) there is
inserted—

“(7A) 15In sections 2 to 7 below any reference to subsection (1)(aba) of section 5
of the 1968 Act shall include a reference to subsection (2A) of that
section as it applies in relation to a firearm specified in subsection
(1)(aba) of that section.

(7B) In section 8 below the reference to subsection (1)(aba), (b) or (c) of
20section 5 of the 1968 Act shall include a reference to subsection (2A) of
that section as it applies in relation to any weapon or ammunition
specified in subsection (1)(aba), (b) or (c) of that section.”

101 Functions of Scottish Ministers under Firearms Acts

(1) In section 5 of the Firearms Act 1968 (weapons subject to general prohibition)—

(a) 25in subsections (1) and (1A), for the words between “commits an offence
if,” and “, he has in his possession” there is substituted “without
authority”;

(b) in subsection (4), for the words from the beginning to “the Scottish
Ministers” there is substituted “An authority shall be subject to
30conditions specified in it, including such as the Secretary of State or the
Scottish Ministers (as appropriate)”;

(c) in subsection (6), for the words before “revoke an authority” there is
substituted “The Secretary of State or the Scottish Ministers (as
appropriate) may at any time, if they think fit,”.

(2) 35In section 5A of that Act (exemptions from requirement of authority under
section 5)—

(a) in subsections (1), (2)(a), (2)(b), (3), (4), (5), (6) and (7), for “or the
Scottish Ministers (by virtue of provision made under section 63 of the
Scotland Act 1998)” there is substituted “or the Scottish Ministers”;

(b) in subsection (6), for the words after “without the authority of the
5Secretary of State” there is substituted “or the Scottish Ministers (as
appropriate)”.

(3) In the Firearms (Amendment) Act 1997—

(a) in sections 2, 3, 4, 5, 6, 7(1) and 8 (exemptions from prohibition on small
firearms etc), for “The authority of the Secretary of State or the Scottish
10Ministers (by virtue of provision made under section 63 of the Scotland
Act 1998)” there is substituted “The authority of the Secretary of State
or the Scottish Ministers”;

(b) in section 7(3), for the words “or the Scottish Ministers (by virtue of
provision made under section 63 of the Scotland Act 1998)”, in the first
15place where they occur, there is substituted “or the Scottish Ministers”.

(4) In the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.)
Order 1999 (S.I. 1999/1750S.I. 1999/1750)—

(a) in Schedule 1, in the entry for the Firearms Act 1968, the words “5 and”
are omitted;

(b) 20in Schedule 5, paragraph 3 and paragraph 18(2) to (6), (7)(a) and (8) are
omitted.

102 Increased penalty for improper importation of firearms etc

(1) The Customs and Excise Management Act 1979 is amended as follows.

(2) In section 50 (penalty for improper importation of goods), in subsection (5A)
25(firearms and counterfeit currency etc), for the words after “shall have effect”
there is substituted “as if for the words “imprisonment for a term not exceeding
7 years” there were substituted the words “imprisonment for life””.

(3) In that section—

(a) in subsection (4), after “(5A),” there is inserted “(5AA),”;

(b) 30at the end of paragraph (a) of subsection (5A) there is inserted “or”;

(c) paragraph (c) of that subsection and the word “or” before it are omitted;

(d) after that subsection there is inserted—

“(5AA) In the case of an offence under subsection (2) or (3) above
committed in connection with the prohibition contained in
35section 20 of the Forgery and Counterfeiting Act 1981,
subsection (4)(b) above shall have effect as if for the words
“7 years” there were substituted the words “10 years”.”

(4) In section 170 (penalty for fraudulent evasion of duty or prohibition, etc), in
subsection (4A) (firearms and counterfeit currency etc)—

(a) 40in paragraph (a), for “subsection (2) or (3)” there is substituted
“subsection (1) or (2)”;

(b) for the words after “shall have effect” there is substituted “as if for the
words “imprisonment for a term not exceeding 7 years” there were
substituted the words “imprisonment for life””.

(5) 45In that section—

(a) in subsection (3), after “(4A),” there is inserted “(4AA),”;

(b) at the end of paragraph (a) of subsection (4A) there is inserted “or”;

(c) paragraph (c) of that subsection and the word “or” before it are omitted;

(d) after that subsection there is inserted—

“(4AA) In the case of an offence under subsection (1) or (2) above
5committed in connection with the prohibitions contained in
sections 20 and 21 of the Forgery and Counterfeiting Act 1981,
subsection (3)(b) above shall have effect as if for the words
“7 years” there were substituted the words “10 years”.”

(6) In section 68 (offences in relation to exportation of prohibited or restricted
10goods), in subsection (4A) (firearms and counterfeit currency etc)—

(a) in paragraph (a) the words “or (3)” are omitted”;

(b) for the words after “shall have effect” there is substituted “as if for the
words “imprisonment for a term not exceeding 7 years” there were
substituted the words “imprisonment for life””.

(7) 15In that section—

(a) in subsection (3), after “(4A)” there is inserted “, (4AA)”;

(b) at the end of paragraph (a) of subsection (4A) there is inserted “or”;

(c) paragraph (c) of that subsection and the word “or” before it are omitted;

(d) after that subsection there is inserted—

“(4AA) 20In the case of an offence under subsection (2) above committed
in connection with the prohibition contained in section 21 of the
Forgery and Counterfeiting Act 1981, subsection (3)(b) above
shall have effect as if for the words “7 years” there were
substituted the words “10 years”.”

103 25British Transport Police: Crown status under Firearms Act 1968

(1) In section 54 of the Firearms Act 1968 (application to Crown servants), in
subsection (3), at the end of paragraph (d) there is inserted “, or

“(e) a member of the British Transport Police Force, or

(f) a person employed by the British Transport Police Authority
30who is under the direction and control of the Chief Constable of
the British Transport Police Force.”

(2) The following are repealed—

(a) subsections (3A) and (3B) of section 54 of the Firearms Act 1968, and

(b) paragraph 9 of Schedule 7 to the Anti-terrorism, Crime and Security
35Act 2001 (which inserted those subsections).

Part 9 Protection from sexual harm and violence

104 Sexual harm prevention orders and sexual risk orders, etc

(1) Schedule 5 (amendments of Part 2 of the Sexual Offences Act 2003) has effect.

(2) 40In section 142 of the Sexual Offences Act 2003 (extent etc)—

(a) in subsection (2) (provisions that extend to Northern Ireland, as well as

England and Wales), for paragraph (c) there is substituted—

“(c) sections 80 to 88, 89 to 91, 92 to 96, 96B to 103, 122F and
130 to 136ZB;

(ca) Part 2A;”;

(b) 5after that subsection there is inserted—

“(2A) Sections 110, 117A, 119 and 123 to 129 extend only to Northern
Ireland.”

(c) In subsection (3) (provisions that extend to Scotland, as well as England
and Wales) for paragraph (a) there is substituted—

“(a) 10sections 80 to 88, 89 to 91, 92, 94 to 96, 97 to 103, 122F, 130
to 132 and 133 to 136ZB;”;

ERROR:This is very likely an error in markup in the FM document. [\t(d)\t after that subsection there is inserted \t (3A)\t Sections 88A to 88I, 96A, 111A, 117B, 120 and 121 extend only to Scotland. \t(3B)\t Sections 104 to 109, 111, 112 to 117, 118 and 122 extend to Northern Ireland and Scotland but not to England and Wales.\xd3 ]

(3A) Sections 88A to 88I, 96A, 111A, 117B, 120 and 121 extend only to
Scotland.

(3B) 15Sections 104 to 109, 111, 112 to 117, 118 and 122 extend to
Northern Ireland and Scotland but not to England and Wales.”

105 Saving and transitional provision

(1) In this section—

• “the 2003 Act” means the Sexual Offences Act 2003;

• 20“existing order” means—

  (a)

  a sexual offences prevention order under section 104 of the 2003
  Act;

  (b)

  a foreign travel order under section 114 of that Act;

  (c)

  a risk of sexual harm order under section 123 of that Act;

• 25“new order” means—

  (a)

  a sexual harm prevention order (made under section 103A of
  the 2003 Act, inserted by Schedule 5);

  (b)

  a sexual risk order (made under section 122A of that Act,
  inserted by that Schedule);

• 30“old order” means—

  (a)

  a restraining order under section 5A of the Sex Offenders Act
  1997;

  (b)

  a sex offender order under section 2 of the Crime and Disorder
  Act 1998.

(2) 35The repeal or amendment by this Act of sections 104 to 122 or sections 123 to
129 of the 2003 Act does not apply in relation to—

(a) an application made before the commencement day for an existing
order;

(b) an existing order (whether made before or after that day) applied for
40before that day;

(c) anything done in connection with such an application or order.

(3) The following sections of the 2003 Act inserted by Schedule 5 apply (as
appropriate) to an old order as they apply to a new order—

(a) section 103E (variation, renewal and discharge of sexual harm
45prevention order);

(b) section 103I (offence of breach of sexual harm prevention order);

(c) section 122E (variation, renewal and discharge of sexual risk order);

(d) section 122H (offence of breach of sexual risk order).

(4) As from the commencement day there may be no variation of an existing order
or an old order that extends the period of the order or of any of its provisions.

(5) 5At the end of the period of 5 years beginning with the commencement day—

(a) in relation to any existing order or old order that is still in force, sections
103E and 103I of the 2003 Act or sections 122E and 122H of that Act (as
appropriate) have effect, with any necessary modifications (and with
any modifications specified in an order under section 160(7) of this
10Act), as if the provisions of the order were provisions of a new order;

(b) subsections (2) and (3) cease to have effect.

(6) In this section “commencement day” means the day on which this section
comes into force.

106 Violent offender orders

(1) 15In section 98 of the Criminal Justice and Immigration Act 2008 (violent offender
orders), after subsection (5) there is inserted—

“(6) The Secretary of State may by order—

(a) amend subsection (3);

(b) make consequential amendments to subsection (4).”

(2) 20In section 147(5) of that Act (orders etc subject to affirmative resolution
procedure), after paragraph (d) there is inserted—

“(da) an order under section 98(6),”.

(3) In section 99 of that Act (qualifying offenders), in paragraph (b) of subsection
(5) (meaning of “relevant offence”) after “a specified offence” there is inserted
25“, or the offence of murder,”.

Part 10 Forced marriage

107 Offence of breaching forced marriage protection order

(1) The Family Law Act 1996 is amended as follows.

(2) 30After section 63C there is inserted—

“63CA Offence of breaching order

(1) A person who without reasonable excuse does anything that the person
is prohibited from doing by a forced marriage protection order is guilty
of an offence.

(2) 35In the case of a forced marriage protection order made by virtue of
section 63D(1), a person can be guilty of an offence under this section
only in respect of conduct engaged in at a time when the person was
aware of the existence of the order.

(3) Where a person is convicted of an offence under this section in respect
40of any conduct, that conduct is not punishable as a contempt of court.

(4) A person cannot be convicted of an offence under this section in respect
of any conduct which has been punished as a contempt of court.

(5) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not
5exceeding five years, or a fine, or both;

(b) on summary conviction, to imprisonment for a term not
exceeding 12 months, or a fine, or both.

(6) A reference in any enactment to proceedings under this Part, or to an
order under this Part, does not include a reference to proceedings for
10an offence under this section or to an order made in proceedings for
such an offence.

(7) “Enactment” includes an enactment contained in subordinate
legislation within the meaning of the Interpretation Act 1978.”

(3) For subsections (1) to (3) of section 63E there is substituted—

“(1) 15In any case where the court has power to make a forced marriage
protection order, the court may accept an undertaking from the
respondent instead of making the order.

(2) But a court may not accept an undertaking under subsection (1) if it
appears to the court—

(a) 20that the respondent has used or threatened violence against the
person to be protected, and

(b) that, for the person’s protection, it is necessary to make a forced
marriage protection order so that any breach of it by the
respondent may be punishable under section 63CA.”

(4) 25In section 63J(2), for “the order” there is substituted “a forced marriage
protection order”.

(5) The following are repealed—

(a) section 63G(6) and (7);

(b) section 63H;

(c) 30section 63I;

(d) section 63J(1);

(e) in section 63K(1) the words “under section 63I(3) or”;

(f) section 63L(4)(a).

(6) This section applies only in relation to conduct occurring on or after the day on
35which it comes into force.

(7) In relation to an offence committed before the commencement of section 154(1)
of the Criminal Justice Act 2003, the reference to 12 months in section
63CA(5)(b) of the Family Law Act 1996 (inserted by subsection (2) above) is to
be read as a reference to six months.

108 40Offence of forced marriage: England and Wales

(1) A person commits an offence under the law of England and Wales if he or
she—

(a) uses violence, threats or any other form of coercion for the purpose of
causing another person to enter into a marriage, and

(b) believes, or ought reasonably to believe, that the conduct may cause the
other person to enter into the marriage without free and full consent.

(2) A person commits an offence under the law of England and Wales if he or
she—

(a) 5practises any form of deception with the intention of causing another
person to leave the United Kingdom, and

(b) intends the other person to be subjected to conduct outside the United
Kingdom that is an offence under subsection (1) or would be an offence
under that subsection if the victim were in England or Wales.

(3) 10“Marriage” means any religious or civil ceremony of marriage (whether or not
legally binding).

(4) It is irrelevant whether the conduct mentioned in paragraph (a) of
subsection (1) is directed at the victim of the offence under that subsection or
another person.

(5) 15A person commits an offence under subsection (1) or (2) only if, at the time of
the coercion or deception—

(a) the person or the victim or both of them are in England or Wales,

(b) neither the person nor the victim is in England or Wales but at least one
of them is habitually resident in England and Wales, or

(c) 20neither the person nor the victim is in the United Kingdom but at least
one of them is a UK national.

(6) “UK national” means an individual who is—

(a) a British citizen, a British overseas territories citizen, a British National
(Overseas) or a British Overseas citizen;

(b) 25a person who under the British Nationality Act 1981 is a British subject;
or

(c) a British protected person within the meaning of that Act.

(7) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12
30months or to a fine or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding
7 years.

(8) In relation to an offence committed before the commencement of section 154(1)
of the Criminal Justice Act 2003, the reference to 12 months in subsection (7)(a)
35is to be read as a reference to six months.

109 Offence of forced marriage: Scotland

(1) A person commits an offence under the law of Scotland if he or she—

(a) uses violence, threats or any other form of coercion for the purpose of
causing another person to enter into a marriage, and

(b) 40believes, or ought reasonably to believe, that the conduct may cause the
other person to enter into the marriage without free and full consent.

(2) A person commits an offence under the law of Scotland if he or she—

(a) practises any form of deception with the intention of causing another
person to leave the United Kingdom, and