|
| |
|
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 |
| |
has reasonable cause for suspecting to be in breach of any such |
| 5 |
provision or otherwise in contempt of court in relation to the order. |
| |
(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 |
| |
| |
(4) | In calculating any period of 24 hours for the purposes of subsection (3), |
| 10 |
Christmas Day, Good Friday and any Sunday are to be ignored. |
| |
| |
(1) | Subsection (2) applies if the court has made a forced marriage |
| |
| |
(a) | no power of arrest is attached to any provision of the order |
| 15 |
| |
(b) | such a power is attached only to certain provisions of the order; |
| |
| |
(c) | such a power was attached for a shorter period than other |
| |
provisions of the order and that period has expired. |
| 20 |
(2) | An interested party may apply to the relevant judge for the issue of a |
| |
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 |
| 25 |
| |
(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. |
| 30 |
(4) | In this section “interested party”, in relation to a forced marriage |
| |
| |
(a) | the person being protected by the order; |
| |
(b) | (if a different person) the person who applied for the order; or |
| |
| 35 |
| but no application may be made under subsection (2) by a person |
| |
falling within paragraph (c) without the leave of the relevant judge. |
| |
| |
(1) | The court before which an arrested person is brought under section |
| |
63I(3) or by virtue of a warrant issued under section 63J may, if the |
| 40 |
matter is not then disposed of immediately, remand the person |
| |
| |
(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 |
| |
were made to the Schedule. |
| 45 |
|
| |
|
| |
|
(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 |
| |
48(1) is to be read as a reference to section 63L(1). |
| 5 |
(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 |
| |
judge to be necessary to secure that the person does not interfere with |
| 10 |
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 |
| |
made if the relevant judge has reason to consider that a medical report |
| 15 |
| |
(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 |
| |
| |
(3) | If the relevant judge remands the accused in custody, the adjournment |
| 20 |
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 |
| |
| |
(a) | under section 63I(2); or |
| |
(b) | under a warrant issued on an application made under section |
| 25 |
| |
| 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 |
| |
mental condition) as the Crown Court has under section 35 of that Act |
| 30 |
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 |
| |
| 35 |
(2) | Subsection (1) is subject to any provision made by virtue of subsections |
| |
| |
(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 |
| |
if the following modification were made. |
| 40 |
(4) | The modification is that section 57(8) is to be read as if there were |
| |
|
| |
|
| |
|
| |
“(8) | For the purposes of subsections (3), (4) and (5), there are two |
| |
| |
| |
| 5 |
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 |
| |
who may hear proceedings under this Part. |
| |
(2) | An order under subsection (1) may, in particular, make any provision |
| 10 |
in relation to magistrates’ courts which corresponds to provision made |
| |
in relation to such courts by or under Part 4. |
| |
(3) | Any power to make an order under this section (including that power |
| |
as extended by section 65(2)) may, in particular, be exercised by |
| |
amending, repealing, revoking or otherwise modifying any provision |
| 15 |
made by or under this Part or any other enactment. |
| |
(4) | The Lord Chief Justice may nominate a judicial office holder (as defined |
| |
in section 109(4) of the Constitutional Reform Act 2005 (c. 4)) to exercise |
| |
the Lord Chief Justice’s functions under this section. |
| |
63O | Contempt proceedings: Part 4A |
| 20 |
The powers of the court in relation to contempt of court arising out of a |
| |
person’s failure to comply with a forced marriage protection order or |
| |
otherwise in connection with such an order may be exercised by the |
| |
| |
| 25 |
(1) | The Lord Chancellor may, after consulting the Lord Chief Justice, by |
| |
order make provision as to the circumstances in which appeals may be |
| |
made against decisions taken by courts on questions arising in |
| |
connection with the transfer, or proposed transfer, of proceedings by |
| |
virtue of an order made under section 57(5) as applied by section |
| 30 |
| |
(2) | Except so far as provided for in any order made under subsection (1), |
| |
no appeal may be made against any decision of a kind mentioned in |
| |
| |
(3) | The Lord Chief Justice may nominate a judicial office holder (as defined |
| 35 |
in section 109(4) of the Constitutional Reform Act 2005) to exercise the |
| |
Lord Chief Justice’s functions under this section. |
| |
| |
| |
(1) | The Secretary of State may from time to time prepare and publish |
| 40 |
guidance to such descriptions of persons as the Secretary of State |
| |
considers appropriate about— |
| |
(a) | the effect of this Part or any provision of this Part; or |
| |
(b) | other matters relating to forced marriages. |
| |
|
| |
|
| |
|
(2) | A person exercising public functions to whom guidance is given under |
| |
this section must have regard to it in the exercise of those functions. |
| |
(3) | Nothing in this section permits the Secretary of State to give guidance |
| |
to any court or tribunal. |
| |
63R | Other protection or assistance against forced marriage |
| 5 |
(1) | This Part does not affect any other protection or assistance available to |
| |
| |
(a) | is being, or may be, forced into a marriage or subjected to an |
| |
attempt to be forced into a marriage; or |
| |
(b) | has been forced into a marriage. |
| 10 |
(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 |
| |
| 15 |
(d) | any right to an occupation order or a non-molestation order |
| |
under Part 4 of this Act; |
| |
(e) | any protection or assistance under the Children Act 1989 (c. 41); |
| |
(f) | any claim in tort; or |
| |
| 20 |
63S | Interpretation of Part 4A |
| |
| |
“the court” is to be read with section 63M; |
| |
“force” (and related expressions), in relation to a marriage, are to |
| |
be read in accordance with section 63A(4) to (6); |
| 25 |
“forced marriage protection order” has the meaning given by |
| |
| |
“marriage” means any religious or civil ceremony of marriage |
| |
(whether or not legally binding); and |
| |
“the relevant judge”, in relation to any order under this Part, |
| 30 |
| |
(a) | where the order was made by the High Court, a judge of |
| |
| |
(b) | where the order was made by a county court, a judge or |
| |
district judge of that or any other county court.” |
| 35 |
2 | Protection against forced marriage: Northern Ireland |
| |
Schedule 1 (protection against forced marriage: Northern Ireland) has effect. |
| |
3 | Consequential amendments etc. |
| |
(1) | Schedule 2 (consequential amendments) has effect. |
| |
(2) | The Lord Chancellor may by order make such supplementary, incidental or |
| 40 |
consequential provision as the Lord Chancellor considers appropriate for the |
| |
purposes of section 1 or in consequence of that section. |
| |
|
| |
|
| |
|
(3) | The Department of Finance and Personnel may by order make such |
| |
supplementary, incidental or consequential provision as the Department |
| |
considers appropriate for the purposes of section 2 and Schedule 1 or in |
| |
consequence of those provisions. |
| |
(4) | An order under subsection (2)— |
| 5 |
(a) | may contain such transitional, transitory or saving provision as the |
| |
Lord Chancellor considers appropriate; and |
| |
(b) | is to be made by statutory instrument. |
| |
(5) | An order under subsection (3)— |
| |
(a) | may contain such transitional, transitory or saving provision as the |
| 10 |
Department of Finance and Personnel considers appropriate; and |
| |
(b) | is to be made by statutory rule for the purposes of the Statutory Rules |
| |
(Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.12)). |
| |
(6) | Any power to make an order under this section may, in particular, be exercised |
| |
by amending, repealing, revoking or otherwise modifying any provision made |
| 15 |
by or under an enactment (including any Act passed in the same Session as this |
| |
| |
(7) | No order is to be made under this section— |
| |
(a) | by the Lord Chancellor unless a draft of the order has been laid before, |
| |
and approved by a resolution of, each House of Parliament; |
| 20 |
(b) | by the Department of Finance and Personnel unless a draft of the order |
| |
has been laid before, and approved by a resolution of, the Northern |
| |
| |
(8) | Subsection (7)(a) does not apply to an order which does not amend or repeal |
| |
any provision of an Act and an order of the Lord Chancellor under this section |
| 25 |
which does not amend or repeal any provision of an Act is subject to |
| |
annulment in pursuance of a resolution of either House of Parliament. |
| |
(9) | Subsection (7)(b) does not apply to an order which does not amend or repeal |
| |
any provision of an Act or Northern Ireland legislation and an order of the |
| |
Department of Finance and Personnel under this section which does not |
| 30 |
amend or repeal any provision of an Act or Northern Ireland legislation is |
| |
subject to negative resolution (within the meaning of section 41(6) of the |
| |
Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))). |
| |
(10) | In this section “enactment” includes Northern Ireland legislation. |
| |
4 | Short title, commencement and extent |
| 35 |
(1) | This Act may be cited as the Forced Marriage (Civil Protection) Act 2007. |
| |
(2) | Section 1, section 3(1) (so far as relating to Part 1 of Schedule 2) and Part 1 of |
| |
Schedule 2 come into force on such day as the Lord Chancellor may by order |
| |
appoint; and different days may be appointed for different purposes. |
| |
(3) | An order under subsection (2)— |
| 40 |
(a) | may contain such transitional, transitory or saving provision as the |
| |
Lord Chancellor considers appropriate; and |
| |
(b) | is to be made by statutory instrument. |
| |
(4) | Section 2, section 3(1) (so far as relating to Part 2 of Schedule 2), Schedule 1 and |
| |
Part 2 of Schedule 2 come into force on such day as the Department of Finance |
| 45 |
|
| |