The Act follows an extensive report in 2000 compiled by the working group on forced marriage: “A Choice By Right”, and a subsequent government consultation in 2005.
Much consideration was given to the often complex family or community dynamics of forced marriages. During the consultation period, the public were invited to give their views as to what remedies would best assist victims if faced with a forced marriage. This feedback, combined with input from specialists, means the Act equips judges with powers to order civil type remedies, rather than criminalising the wrongdoer. It was decided that criminal sanctions may mean victims not speaking out for fear of family or community members being criminalised. The emphasis of the Act is very much to deter forced marriage, though orders can also be made retrospectively to protect the victim of a forced marriage following the marriage itself.
If an application is made to the court by a victim, or by a permitted third party on behalf of the victim, the court is able to make a Forced Marriage Protection Order. The following non exhaustive list of remedies may be included in the Order:
- An Order to prevent a forced marriage from occurring;
- An order to handover passports;
- An Order to stop intimidation and violence occurring;
- An Order to reveal the whereabouts of a person; and
- An Order to stop somebody being taken abroad.
The Court is also empowered to attach a Power of Arrest to a Forced Marriage Protection Order. If a Respondent breaches the Order and the Order contains a Power of Arrest, the Respondent can be held in contempt of court, which is potentially punishable by a term of imprisonment.
Claire Piggott