MINISTRY OF JUSTICE
News Release (151-08) issued by COI News Distribution Service. 25
November 2008
New legislation to
protect victims of forced marriage and prevent others from the
same fate comes into force today.
The Forced Marriage (Civil Protection) Act 2007 will enable
courts to prevent forced marriages and order those responsible for
forcing another into marriage to change their behaviour or face
jail. It also provides recourse for those already forced into marriage.
Justice Minister Bridget Prentice said:
"This new law is a powerful tool that will help ensure that
no-one is forced into marriage against their will and those
already in such marriages will receive protection.
"It is fitting that the law comes into force on White Ribbon
Day; the ribbon is a symbol of hope and challenges the
acceptability of domestic violence.
"Our policies reinforce that hope and send a clear message
that we are committed to providing support and help to victims and
that violence of any kind will not be tolerated."
Under the Act, a Forced Marriage Protection Order will contain
terms that are designed to protect the victim in their particular
circumstances. Failure to comply with an order could lead to imprisonment.
Examples of the types of orders the court may make to prevent a
forced marriage from occurring are:
* to hand over passports;
* to stop intimidation and
violence;
* to reveal the whereabouts of a person; and
*
to stop someone from being taken abroad.
The Act supports and has been made possible by the work of the
Home Office and Foreign Office's joint 'Forced Marriage
Unit' and the many voluntary and charitable organisations
that provide support.
Shaminder Ubhi, Director of the Ashiana Network said:
"We very much hope that the Forced Marriage Act will be of
value to those at risk of forced marriage; the measures have been
put in place to enable people to seek protection through court
orders and we hope this will help prevent forced marriages and
assist those already forced into marriages. Understandably, not
all people will want to seek legal redress but certainly this Act
sends a clear message that forced marriage will not be tolerated
and perpetrators will be held accountable".
Importantly, the Act gives the courts discretion to deal flexibly
and sensitively with the circumstances of each individual case.
It employs civil remedies that offer protection to victims without
criminalising members of their family.
Following public consultation, the Government is also publishing
today statutory guidance setting out the strategic
responsibilities of agencies in England and Wales who may be
involved with handling cases of forced marriage.
Alan Campbell, Home Office Minister said:
"We are determined to do all we can to support victims of
forced marriage, prevent others from becoming victims and provide
police and other agencies the tools and powers they need. We are
bringing into force statutory guidance for agencies such as the
police, education professionals and health and social workers
which pull together existing guidelines on how to recognise and
handle cases of forced marriage.
"We have consulted with all agencies that have a duty to
safeguard children and adults to bring together this guidance and
we are confident that it will improve the support we can provide
to victims of this appalling practice."
Notes to Editors
1. The Forced Marriage (Civil Protection) Act can be viewed at
http://www.opsi.gov.uk/acts/acts2007/20070020.htm
2. Bridget Prentice will be speaking at H.O.P.E Training &
Consultancy & Leicestershire Constabulary conference in
Leicester on 25 November. She will launch the act to an audience
of stakeholders, professionals and interested parties brought
together to talk about forced marriage, honour crimes and cultural killings.
3. The joint FCO/Home Office Forced Marriage Unit (FMU) was
launched in January 2005 as 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: http://www.fco.gov.uk/en/fco-in-action/nationals/forced-marriage-unit/
4. 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. The Government plans to specify Local
Authorities as relevant third parties once the necessary
safeguards are in place and this is expected to take effect at a
later date. Until then anyone, including Local Authorities will
still be able to apply for a forced marriage protection order on
behalf of a victim of forced marriage with the leave of the court.
5. Across the justice system we want to do more to ensure the
voice of victims is heard. That's why the Government has
created a Victim's Advisory Panel to inform policy,
introduced impact statements giving families of murder victims a
chance to have their say in court, and we intend to appoint a
Victims Commissioner that will provide a powerful voice for
victims in government and beyond.
6. The White Ribbon Campaign UK is part of the global campaign to
ensure men take more responsibility for reducing the level of
violence against women. Visit the campaign's website at: http://www.whiteribboncampaign.co.uk
7. Earlier this year Bridget Prentice visited the Ashiana Project
in East London. A video of this visit is at http://tiny.cc/lxLs4
and you can read more here http://www.justice.gov.uk/news/newsrelease190608a.htm.
A video about the work of the Government's Forced Marriage
Unit can be viewed at http://tiny.cc/4z3Cg.
8. Non-media enquiries should be directed to the MoJ's
public enquiry unit via email general.queries@justice.gsi.gov.uk
or by phone on 020 3334 3555.
ENDS
News Release
http://www.justice.gov.uk