MINISTRY OF JUSTICE
News Release (149-07) issued by The Government News Network on 12
December 2007
Who should be able
to ask the courts to take action to stop a forced marriage? A new
consultation exercise launched today is trying to find the answer,
with Justice Minister Bridget Prentice working to find the best
and most effective ways to protect some of the most vulnerable
people in society.
The Government's new Forced Marriage Act was brought in to
protect those forced into marriage, whether children, teenagers or
adults - and irrespective of background, gender, race or religion.
The Act gives the courts a wide discretion to deal flexibly and
sensitively with the circumstances of each individual case,
employing civil remedies that will offer protection to victims
without criminalising members of their family.
The new consultation paper is the first step to implementing
fully the range of protections afforded by the legislation. It
asks what types of people or organisations should be able to apply
direct to the courts for the safeguards to be applied in
individual cases. It also asks for practical suggestions on how to
make the system work as smoothly as possible and it provides an
excellent opportunity for the Government to engage fully with all
interested parties and with the public.
Bridget Prentice said:
"This is really vital work. When you look at the situations
some of the people affected by forced marriages will be in,
it's clear that not all of them will be able to apply
personally to the courts for protection. And some victims might
not want to take court action against members of their own family.
Where this happens we want to make sure that other people or
organisations can step in on their behalf.
"It's important that the Act gives victims the power to
get Forced Marriage Protection Orders from the courts in whatever
circumstances they find themselves.
"The Forced Marriage Act sends out a strong message that
this practice is totally unacceptable. It simply will not be tolerated."
Under the act, the court can order those forcing another into
marriage to stop; or impose requirements upon them. If a person
fails to comply with the court order they could be sent to prison
for contempt of court.
The Act supports the work of the joint Home Office and Foreign
Office's Forced Marriage Unit and the many voluntary and
charitable organisations that provide support.
Notes to Editors
1. The Forced Marriage (Civil Protection) Act 2007 (the Act)
received royal assent on 27 July 2007. The relevant third party
consultation paper can be found at: http://www.justice.gov.uk/publications/cp3107.htm
2. Forced marriage is a marriage without the full and free
consent of both parties. It is a form of domestic violence and an
abuse of human rights. Forced marriages are not arranged
marriages. In an arranged marriage the family will take the lead
in arranging the match but the couples have a choice as to whether
to proceed. In a forced marriage there is no choice.
3. The Act enables a victim or a relevant third party to make an
application for a Forced Marriage Protection Order without the
court's permission. Any other person may only apply if they
obtain the court's permission first. A relevant third party
is a person (or an organisation), specified by the Lord Chancellor
who may apply on behalf of another without obtaining the
permission of the court.
4. The joint Foreign & Commonwealth Office/Home Office Forced
Marriage Unit (FMU) is the UK's "one stop shop" for
developing Government policy on forced marriage, co-ordinating
outreach projects and providing support and information to those
at risk. In the past two years, the FMU has produced guidelines
on tackling forced marriage for police, social services, health
and education professionals, and is producing similar guidelines
for registrars and legal professionals.
http://www.justice.gov.uk
ENDS