Forced Marriage (Civil Protection) Bill [HL]

House of Lords

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Forced Marriage (Civil Protection) Bill [HL]

Forced Marriage (Civil Protection) Bill [HL]
1

A
Bill
[AS AMENDED IN GRAND COMMITTEE]
To
Make provision for protecting individuals against being forced to enter into
marriage without their free and full consent and for protecting individuals
who have been forced to enter into marriage without such consent; and for
connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
1
Protection against forced marriage: England and Wales
After Part 4 of the Family Law Act 1996 (c. 27) insert—
“Part 4A
Forced marriage
Forced marriage protection orders
5
63A
Forced marriage protection orders
(1)
The court may make an order for the purposes of protecting—
(a)
a person from being forced into a marriage or from any attempt
to be forced into a marriage; or
(b)
a person who has been forced into a marriage.
10
(2)
In deciding whether to exercise its powers under this section and, if so,
in what manner, the court must have regard to all the circumstances
including the need to secure the health, safety and well-being of the
person to be protected.
(3)
In deciding that person’s well-being, the court must, in particular, have
15
such regard to the person’s wishes and feelings (so far as they are

HL Bill 70 54/2

Forced Marriage (Civil Protection) Bill [HL]
2

reasonably ascertainable) as the court considers appropriate in the light
of the person’s age and understanding.
(4)
For the purposes of this Part a person (“A”) is forced into a marriage if
another person (“B”) forces A to enter into a marriage (whether with B
or another person) without A’s free and full consent.
5
(5)
For the purposes of subsection (4) it does not matter whether the
conduct of B which forces A to enter into a marriage is directed against
A, B or another person.
(6)
In this Part—
“force” includes coerce by threats or other psychological means
10
(and related expressions are to be read accordingly); and
“forced marriage protection order” means an order under this
section.
63B
Contents of orders
(1)
A forced marriage protection order may contain—
15
(a)
such prohibitions, restrictions or requirements; and
(b)
such other terms;

as the court considers appropriate for the purposes of the order.
(2)
The terms of such orders may, in particular, relate to—
(a)
conduct outside England and Wales as well as (or instead of)
20
conduct within England and Wales;
(b)
respondents who—
(i)
aid, abet, counsel, procure, encourage or assist another
person to force, or attempt to force, a person to enter into
a marriage; or
25
(ii)
conspire to force, or to attempt to force, a person to enter
into a marriage;

as well as (or instead of) respondents who force, or attempt to
force, the person to enter into the marriage.
63C
Applications and other occasions for making orders
30
(1)
The court may make a forced marriage protection order—
(a)
on an application being made to it; or
(b)
without an application being made to it but in the circumstances
mentioned in subsection (6).
(2)
An application may be made by—
35
(a)
the person who is to be protected by the order; or
(b)
a relevant third party.
(3)
An application may be made by any other person with the leave of the
court.
(4)
In deciding whether to grant leave, the court must have regard to all the
40
circumstances including—
(a)
the applicant’s connection with the person to be protected;
(b)
the applicant’s knowledge of the circumstances of the person to
be protected; and

Forced Marriage (Civil Protection) Bill [HL]
3

(c)
the wishes and feelings of the person to be protected so far as
they are reasonably ascertainable and so far as the court
considers it appropriate, in the light of the person’s age and
understanding, to have regard to them.
(5)
An application under this section may be made in other family
5
proceedings or without any other family proceedings being instituted.
(6)
The circumstances in which the court may make an order without an
application being made are where—
(a)
any other family proceedings are before the court (“the current
proceedings”);
10
(b)
the court considers that a forced marriage protection order
should be made to protect a person (whether or not a party to
the current proceedings); and
(c)
a person who would be a respondent to any such proceedings
for a forced marriage protection order is a party to the current
15
proceedings.
(7)
In this section—
“family proceedings” has the same meaning as in Part 4 (see
section 63(1) and (2)) but also includes—
(a)
proceedings under the inherent jurisdiction of the High
20
Court in relation to adults;
(b)
proceedings in which the court has made an emergency
protection order under section 44 of the Children Act
1989 (c. 41) which includes an exclusion requirement (as
defined in section 44A(3) of that Act); and
25
(c)
proceedings in which the court has made an order under
section 50 of the Act of 1989 (recovery of abducted
children etc.); and
“relevant third party” means a person specified, or falling within
a description of persons specified, by order of the Lord
30
Chancellor.
(8)
An order of the Lord Chancellor under subsection (7) may, in
particular, specify the Secretary of State.
Further provision about orders
63D
Ex parte orders: Part 4A
35
(1)
The court may, in any case where it considers that it is just and
convenient to do so, make a forced marriage protection order even
though the respondent has not been given such notice of the
proceedings as would otherwise be required by rules of court.
(2)
In deciding whether to exercise its powers under subsection (1), the
40
court must have regard to all the circumstances including—
(a)
any risk of significant harm to the person to be protected or
another person if the order is not made immediately;
(b)
whether it is likely that an applicant will be deterred or
prevented from pursuing an application if an order is not made
45
immediately; and
(c)
whether there is reason to believe that—

Forced Marriage (Civil Protection) Bill [HL]
4

(i)
the respondent is aware of the proceedings but is
deliberately evading service; and
(ii)
the delay involved in effecting substituted service will
cause serious prejudice to the person to be protected or
(if a different person) an applicant.
5
(3)
The court must give the respondent an opportunity to make
representations about any order made by virtue of subsection (1).
(4)
The opportunity must be—
(a)
as soon as just and convenient; and
(b)
at a hearing of which notice has been given to all the parties in
10
accordance with rules of court.
63E
Undertakings instead of orders
(1)
The court may, subject to subsection (3), accept an undertaking from
the respondent to proceedings for a forced marriage protection order if
it has power to make such an order.
15
(2)
No power of arrest may be attached to an undertaking given under
subsection (1).
(3)
The court may not accept an undertaking under subsection (1) instead
of making an order if a power of arrest would otherwise have been
attached to the order.
20
(4)
An undertaking given to the court under subsection (1) is enforceable
as if the court had made the order in terms corresponding to those of
the undertaking.
(5)
This section is without prejudice to the powers of the court apart from
this section.
25
63F
Duration of orders
A forced marriage protection order may be made for a specified period
or until varied or discharged.
63G
Variation of orders and their discharge
(1)
The court may vary or discharge a forced marriage protection order on
30
an application by—
(a)
any party to the proceedings for the order;
(b)
the person being protected by the order (if not a party to the
proceedings for the order); or
(c)
any person affected by the order.
35
(2)
In addition, the court may vary or discharge a forced marriage
protection order made by virtue of section 63C(1)(b) even though no
application under subsection (1) above has been made to the court.
(3)
Section 63D applies to a variation of a forced marriage protection order
as it applies to the making of such an order.
40
(4)
Section 63E applies to proceedings for a variation of a forced marriage
protection order as it applies to proceedings for the making of such an
order.

Forced Marriage (Civil Protection) Bill [HL]
5

(5)
Accordingly, references in sections 63D and 63E to making a forced
marriage protection order are to be read for the purposes of subsections
(3) and (4) above as references to varying such an order.
(6)
Subsection (7) applies if a power of arrest has been attached to
provisions of a forced marriage protection order by virtue of section
5
63H.
(7)
The court may vary or discharge the order under this section so far as
it confers a power of arrest (whether or not there is a variation or
discharge of any other provision of the order).
Arrest for breach of orders
10
63H
Attachment of powers of arrest to orders
(1)
Subsection (2) applies if the court—
(a)
intends to make a forced marriage protection order otherwise
than by virtue of section 63D; and
(b)
considers that the respondent has used or threatened violence
15
against the person being protected or otherwise in connection
with the matters being dealt with by the order.
(2)
The court must attach a power of arrest to one or more provisions of the
order unless it considers that, in all the circumstances of the case, there
will be adequate protection without such a power.
20
(3)
Subsection (4) applies if the court—
(a)
intends to make a forced marriage protection order by virtue of
section 63D; and
(b)
considers that the respondent has used or threatened violence
against the person being protected or otherwise in connection
25
with the matters being dealt with by the order.
(4)
The court may attach a power of arrest to one or more provisions of the
order if it considers that there is a risk of significant harm to a person,
attributable to conduct of the respondent, if the power of arrest is not
attached to the provisions immediately.
30
(5)
The court may provide for a power of arrest attached to any provisions
of an order under subsection (4) to have effect for a shorter period than
the other provisions of the order.
(6)
Any period specified for the purposes of subsection (5) may be
extended by the court (on one or more occasions) on an application to
35
vary or discharge the order.
63I
Arrest under attached powers
(1)
Subsection (2) applies if a power of arrest is attached to provisions of a
forced marriage protection order under section 63H.
(2)
A constable may arrest without warrant a person whom the constable
40
has reasonable cause for suspecting to be in breach of any such
provision or otherwise in contempt of court in relation to the order.

Forced Marriage (Civil Protection) Bill [HL]
6

(3)
A person arrested under subsection (2) must be brought before the
relevant judge within the period of 24 hours beginning at the time of the
person’s arrest.
(4)
In calculating any period of 24 hours for the purposes of subsection (3),
Christmas Day, Good Friday and any Sunday are to be ignored.
5
63J
Arrest under warrant
(1)
Subsection (2) applies if the court has made a forced marriage
protection order but—
(a)
no power of arrest is attached to any provision of the order
under section 63H;
10
(b)
such a power is attached only to certain provisions of the order;
or
(c)
such a power was attached for a shorter period than other
provisions of the order and that period has expired.
(2)
An interested party may apply to the relevant judge for the issue of a
15
warrant for the arrest of a person if the interested party considers that
the person has failed to comply with the order or is otherwise in
contempt of court in relation to the order.
(3)
The relevant judge must not issue a warrant on an application under
subsection (2) unless—
20
(a)
the application is substantiated on oath; and
(b)
the relevant judge has reasonable grounds for believing that the
person to be arrested has failed to comply with the order or is
otherwise in contempt of court in relation to the order.
(4)
In this section “interested party”, in relation to a forced marriage
25
protection order, means—
(a)
the person being protected by the order; or
(b)
(if a different person) the person who applied for the order.
63K
Remand: general
(1)
The court before which an arrested person is brought under section
30
63I(3) or by virtue of a warrant issued under section 63J may, if the
matter is not then disposed of immediately, remand the person
concerned.
(2)
Schedule 5 has effect in relation to the powers of the court to remand a
person by virtue of this section but as if the following modifications
35
were made to the Schedule.
(3)
The modifications are that—
(a)
in paragraph 2(1) of Schedule 5, the reference to section 47 is to
be read as a reference to this section; and
(b)
in paragraph 2(5)(b) of the Schedule, the reference to section
40
48(1) is to be read as a reference to section 63L(1).
(4)
Subsection (5) applies if a person remanded under this section is
granted bail under Schedule 5 as modified above.
(5)
The person may be required by the relevant judge to comply, before
release on bail or later, with such requirements as appear to the relevant
45

Forced Marriage (Civil Protection) Bill [HL]
7

judge to be necessary to secure that the person does not interfere with
witnesses or otherwise obstruct the course of justice.
63L
Remand: medical examination and report
(1)
Any power to remand a person under section 63K(1) may be exercised
for the purpose of enabling a medical examination and report to be
5
made if the relevant judge has reason to consider that a medical report
will be required.
(2)
If such a power is so exercised, the adjournment must not be for more
than 4 weeks at a time unless the relevant judge remands the accused
in custody.
10
(3)
If the relevant judge remands the accused in custody, the adjournment
must not be for more than 3 weeks at a time.
(4)
Subsection (5) applies if there is reason to suspect that a person who has
been arrested—
(a)
under section 63I(2); or
15
(b)
under a warrant issued on an application made under section
63J(2);

is suffering from mental illness or severe mental impairment.
(5)
The relevant judge has the same power to make an order under section
35 of the Mental Health Act 1983 (c. 20) (remand for report on accused’s
20
mental condition) as the Crown Court has under section 35 of that Act
in the case of an accused person within the meaning of that section.
Jurisdiction and procedure
63M
Jurisdiction of courts: Part 4A
(1)
For the purposes of this Part “the court” means the High Court or a
25
county court.
(2)
Subsection (1) is subject to any provision made by virtue of subsections
(3) and (4).
(3)
Section 57(3) to (12) (allocation of proceedings to courts etc.) apply for
the purposes of this Part as they apply for the purposes of Part 4 but as
30
if the following modification were made.
(4)
The modification is that section 57(8) is to be read as if there were
substituted for it—
“(8)
For the purposes of subsections (3), (4) and (5), there are two
levels of court—
35
(a)
the High Court; and
(b)
any county court.”
63N
Power to extend jurisdiction to magistrates’ courts
(1)
The Lord Chancellor may, after consulting the Lord Chief Justice, by
order provide for magistrates’ courts to be included among the courts
40
who may hear proceedings under this Part.