Forced Marriage (Civil Protection) Bill [HL]

House of Lords

Session 2006 - 07
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Other Bills before Parliament

Forced Marriage (Civil Protection) Bill [HL]

Forced Marriage (Civil Protection) Bill [HL]
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A
Bill
[AS AMENDED ON REPORT]
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:—
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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
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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.
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(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 ascertaining that person’s well-being, the court must, in particular,
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have such regard to the person’s wishes and feelings (so far as they are

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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.
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(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
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(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—
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(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)
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conduct within England and Wales;
(b)
respondents who are, or may become, involved in other
respects as well as (or instead of) respondents who force or
attempt to force, or may force or attempt to force, a person to
enter into a marriage;
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(c)
other persons who are, or may become, involved in other
respects as well as respondents of any kind.
(3)
For the purposes of subsection (2) examples of involvement in other
respects are—
(a)
aiding, abetting, counselling, procuring, encouraging or
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assisting another person to force, or to attempt to force, a person
to enter into a marriage; or
(b)
conspiring to force, or to attempt to force, a person to enter into
a marriage.
63C
Applications and other occasions for making orders
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(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—
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(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.

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(4)
In deciding whether to grant leave, the court must have regard to all the
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
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(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
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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”);
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(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
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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
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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
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(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
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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
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(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
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court must have regard to all the circumstances including—

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(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
immediately; and
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(c)
whether there is reason to believe that—
(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
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(if a different person) an applicant.
(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
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(b)
at a hearing of which notice has been given to all the parties in
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
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it has power to make such an order.
(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
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attached to the order.
(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
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this section.
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
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(1)
The court may vary or discharge a forced marriage protection order on
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
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(c)
any person affected by the order.
(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.

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(3)
Section 63D applies to a variation of a forced marriage protection order
as it applies to the making of such an order.
(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.
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(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
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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
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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
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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.
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(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
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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.
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(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
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vary or discharge the order.
(7)
In this section “respondent” includes any person who is not a
respondent but to whom an order is directed.