Running Forced Marriage Protection Cases

Hello. Welcome, everybody. My name's after Mahmoud Onda. Very pleased to welcome you to today's bite Sliced session through data law on the decision today we're looking at some of the key principles and running forced marriage protection order cases on this is US of June 2000 and 17. So over the course of the next 20 minutes or so of this bite size session, what I'm hoping to do is to take you through somebody law. So adding forced marriage protection algo applications on particularly looking at really two forms that need completing and what type of orders coming made on the purpose and thinking behind these. Okay, so I've been looking at, for example, what? What we mean by force Marriage protection order. What they order actually do contain whether you need an application for these. We'll look at who could apply where they could make these applications on without notice. Bases where the undertakers can be accepted, for example will have a look at that. And I'm gonna take you few issues, such as how long these orders can last for where they can touch power off arrest. And then we look at some of the other issues. So I think at the anti social behavior, crime and policing afternoon also, for example, of forced marriage unit and the work they do. Okay. So really, these orders just to put these into context are contained within the Family Law Act of 1996 and they came in as a result of the Force Marriage Civil Protection Act of 2000 and seven Onda back in 2008. That's when the forced marriage protection orders came to effect effectively by Parliament, inserting a new part for capital A to a family work off 1996. Now what effectively is disorder do and what do we mean by forced orders? What? Basically, these orders can be made for the purposes than off. Protecting a person from being forced into a marriage or attempting to be forced into a marriage or indeed thes are also used to protect and provide a level of safety for those people who have already been forced into a marriage. So it's not just one that prevents the marriage it it's also one that could could actually be sort even after the marriage. What do we actually mean by force where This is where Section 63 Capital, a subsection one comes in on the worst of the word force does include an element of the person having had been coerced by threats or the psychological means. So it's not necessarily one that requires certainly threats of armed violence itself. It could take the form of psychological threat saw, for example, somebody who is, say, threatened to the effect that there may be ostracized from the community from the family home, for example, that may be disowned, those kind of situations that could also result to them being gay. But he showed up. They have been forced in the circumstances. The orders themselves can be very wide on that contain restrictions, requirements, prohibition. So typically, you might find that the conduct takes the form off conduct, which is prohibiting the person concerned from carrying out activities in England, Wales, for example. But also you find sometimes that it may take the form of activities even outside England Wells on that this is where by let's take a situation where a say apparent ease is forcing their child, for example, at the age of safe 16 or 17 to marry somebody against that child's wilt. And of course, the parent can consent to that child getting married. But, of course, is the child who is off the view that there have been forced, always in the purse of being forced nor circumstances. So you may find out the terms of the order, maybe to prohibit the parent concerned, whether by some cells, by instructing or encouraging any other person from actually subject from that childhood violence, effects of violence or, in this case, forcing them to marry in those circumstances. But also the order could take the form off conduct outside England wells if, for example, the child has been taken overseas in that regard and therefore providing them with a level level of protection there now what you need to bear in mind is the terms of the order may well be very wide, depending on really what level of risk there is in those circumstances that you may find that the respondents who may Robert apparent in these circumstances prohibited from like, say, forcing go attempted to force or instructing and encouraging any other person to force that person tentacle the marriage or the civil partnership indoors. Circumstances and even engagement in some situations. Andi also, if a pope, it then maybe prohibited him from facilitating or otherwise permitting the person to undergo any so money off married sweets or even engagement in those circumstances. Onda This is Wake recover, for example, harassing, prohibiting that person from harassing the child or young person or the adult intimidating them or pestering them indoor circumstances or indeed, encouraging any other person to do so. The order could also take the form off. Actually, Haitink, the person concerned from removing the person from a jurisdiction of England. Well, so if, for example, as we mentioned the parent, for example, want to take the child overseas, so the child was 16 or 17 and the order could prohibit removal of a child from from England wells and other circumstances. And this is where you might find that in terms off the actual protection outside in the wells. It may be that the parties concerned may have do then provide for, say, travel documents to be handed in, or sometimes even passports about cases where sometimes you have had passports off the child having had been handed in, or indeed the person those circumstances and What you find in these situations is Theo. The order was made in such a way that it will be used to not only provide that level of protection at the immediate stage, but also indeed over a sustained period of time. It may be that the orders made under without notice basis Onda it may be that on a return date, the order is made for a lengthy period of time. If needs be now. This is where also, you may find that they'll be orders relating to undertakings that may also be given. So sometimes you find that person may be invited to give an undertaking not to subject the person to violence or threats of violence in all circumstances on undertakings, as you'll appreciate with all these won't have powers of arrest touch to them. These can be enforced in the same way for breach of any order. So therefore one can consider committal proceedings if needs be, so they can work very much in the same type of situations. In that regard. No, do you therefore need a separate application for the order to be made? Was the simple answer is you wouldn't. It is possible for the order to be made off the court's own initiative. On, in fact, section 63 c off the family, like in 1996 does provide for that in terms of who can apply, an application can be made by the person who used to be protected so they may find the d The child, if they have got sufficient degree of understanding, can apply in their own right. Or, indeed, it may be that if they're an adult, of course, the Maison apply. Sometimes the application is, in fact, even made by Fed party with fair parties. The question to ask yourself is, Do we need leave on? But this is where the application could be made by Faith Party. Unless they come within the prescribed third party application provision, which I look at shortly, they would require leave of the court in order to make the application and deciding whether to grant leave or not, the court take into account the applicants connection with the person to be protected and knowledge of the circumstances. In that situation, as I mentioned without notice, orders can in fact be made, so Section 63 de off the funding the way does allow for that. And it's really situations way if the court is satisfied that it's just inconvenient to do so, and that may well make her forced marriage protection order without notice up as you'll appreciate. If that is the case, then the court will only make the order for as long as is necessary. Given that dissent we need to give to respond to respondents every opportunity to be able to attend court and be able to put forward their views. Of course, insofar as if they wish to contest or challenge the continuance of the order into circumstances. Now undertake is as a mentioned court can accept, undertakers rather make the order section 63 to so Section 63 capped early on a farm in lower from 1996 allows on the takers to be accepted on a zai mentioned with undertakings. Although the court won't be able to touch the power off arrest when it comes to breach oven, any undertaken that the court would been touched, of course, use the contempt of court after route with a view to looking at committal in that regard, let's look at the position surrounding the duration of these orders? Well, these could be made for a specified period, or they could be made until varied or discharged. So if for without notice orders made, for example, you may find out that were made for a relatively short period of time, maybe a week, sometimes two weeks in those circumstances on any love in return date with a court, then contemplate making a lengthy order if necessary. Can a power off arrest be attached? Ease. The simple answer is yes, you got section 63. Page off the Family Law Act of 1996 which makes it clear that powers of arrest can be touched on that his where if the court is satisfied that the respondent has used violence towards the person who is to be protected in connection with this so effectively 50 terms of the order of such that, for example, made in such way that the president is prohibited, whether by himself or by instructing core, encouraging any other person from using or threatening violence in those circumstances intimidating or certainly if there's a requirement for them to handing the passports and so forth, then in those kind of situations court may attach a power of Restituto various provisions in the order unless the field in order circumstances there is already adequate protection. And therefore, if the court satisfied that this may not in fact be required on that this is where if a power off arrest is, of course attached, then the effect of that is that just like we have with powers of respite attached to occupation orders, he would enable on the constable into arrest without the need for warrant any person who they are satisfied. They have reason of course, believe and suspect has been in bridge off any of the provisional relation to contempt of court in that regard. And it can be brought back then before the court within 24 hours to Danny neighbors 1/4 and deal with any committal proceedings. So you can see this is very much the same as when 1 may have a power off arrest attached to unoccupied ation order on the Family Act of 1996 for example. Now what if there is no power of arrest? What if that's the case, then if there is no power of arrest attached or if the power vest was attached to only certain parts of the order. And it's not that part of the order, which is alleged that has been breached then This is where it's possible, of course, to apply to the quarter. Felicia over warned for that person to be arrested on that. This is where a warrant could be issued that would enable up person to be arrested and then brought back before court to deal with the contempt of court applications. Okay, so this is where they may well consider doing that now one of the other issues, that is, if the person is then brought back and, of course, to court by way of a potential breach of the force magic protection order. And this is where the matter will be brought back and the court can deal with the committal proceedings. When a matter does come back to court in relation committal proceedings. That's various options available to court on May find May impose a custodial sentence that may make a suspended committed Lord of Examples has various options in those circumstances. One of the other things therefore, to bear in mind is even though forced marriage orders by their very nature are very necessary. You do have to think about alternatives, so it may be that sometimes are there are there other methods which could be employed to actually provide or achieve DD yet what's required here? So, for example, with the protection from harassment tack from 1997 achieved the result that's trying to be achieved with a ordinary normal station in order, for example, achieve what's been trying to be achieved in these circumstances. And as I mentioned the terms of the oracle very wide, it could be conduct both here in England, Wales and indeed overseas. It could require, for example, passports been handed in, travel documents been handed, and for the person concerned to actually be prohibited from even leaving the country, for example, it could even be those types of situations. And this is where, if passports and any, for example, and so forth, this is where the tip staff stuff would be responsible then for actually obtaining the passports and sometimes of Italian these for a period of time. Also in the circumstances on one of the other issues you wish to discuss reading today's the position would be family worked from 1996 Forced marriage relevant, said party order off 2000 and nine on that. This then came in a few years ago. In the effect of this Is it specifies that irrelevant third party for the purposes of section 63. Uh, see, the family lack is such that they would then not be able to. They would be up to apply for forced marriage protection on behalf the person and they would not require leave. So the example here off who would come within this category is indeed a local authority. So they therefore they are therefore entitled to apply for forced marriage protection order under section 63 C on the basis that they are regarded as a relevant said party. They would not therefore require Lee of the court, and that is important because indeed in relation to the application form itself for forced marriage protection order deformed that's filled him is a form effort for a one capital A. So you can see this is very similar to the affair for the one that we'd use for ordinary normal station occupational. But if one requires leave, then leave would need to be obtained in the first instance in those circumstances on the theater form itself, you would need to set out details of a person to be protected so that would be completed. One has to set out in the form the reasons for applying on behalf, the person to be protected so specifically setting out the circumstances off, why the person is protected, also setting out the wishes and feelings of the person to be protected in so far as is known. So what is their view in relation to what's been sort? One would need to set out details off the respondents and specifically satire in the form fr for the one a. The orders that you're seeking Czar setting that specifically what order you're seeking and given details in support under form itself is two reasons for that. The court would need to be satisfied that if there are any other proceedings that obviously I can, you need to then make reference to that and the court can indeed even in the circumstances are mentioned, make urgent orders before the on notice application is hurt in circumstances where the risk of significant harm to a person to be protected if the order is not made immediately and also to person is elected to be deterred for implying, For example, if the order is not made immediately or if they are evading service, he can see the grants for making an order without notice are the same as what you would have when one is applying for board. Very normal station on the occupation order in the circumstances. So in that regard, you can see that there's a lot of similarities there now. The other provisions that I want to discuss reviews that which relates to criminalization of force. Marriage on this is where as from the 16th of June 2014 we had Part 10 off the Anti Social Behavior, Crime and Policing Act off 2014 that came to effect on what distant is this brought in two offenses off force marriage. There was first of the offense of actually breaching a forced marriage protection order. Andi, this has the effect. And if somebody is found to have breached a force much protection order which was made in the civil courts on by, uh, the person bean arrested and taken to a criminal courts and convicted, this will carry a penalty of up to five years. There's then the other offense that this actors brought in on that offense is the offensive actually force minds that somebody does for some way to my against. They wish then that in itself is an offense. And this is where if one uses violence, threats or the form of a question on by causes somebody to enter into marriage in those circumstances, then there could be guilty on offense. And this carries on summary conviction of imprisonment not exceeding 12 months on on indictment on a conviction on indictment to imprisonment not exceeding seven years. It can see this could be certainly quite a significant period of time. I want to discuss with you. Finally, Today is the position with the forced marriage unit on by the forced marriage unit is a joint following and Commonwealth Office on Home Office unit set up back in January 2000 and five. And it's very important that you are certainly familiar with the work that the forced marriage unit do on, uh in particular. Harder consist. It was, if very much leads under governments forced marriage policy and the Force Mode unit is very important because there would be a to assist you, not only relation toe work done in the you capital saw overseas, where assistance may be quite from overseas. Countries, too, really allowed assist with getting the person returned to that England wells. If needs be on one of things that I wanted to mention insofar as the Force Maginnes, they'll be able to assist you greatly with the type of actions that were taken under support for follow up work that can be done to assist a person wants and if funny, forced marriage protection order is granted. But also, it's very interesting to have a look at the work that the forced marriage unit do in terms of really d type cases were forced. Marriage applications are being sorted off. Example. When I looked at the most recent set of statistics that were made available, which were the ones, that's from January to December 2016 when I looked at the statistics that the forced marriage unit provided it showed that in 2016 the forced marriage you gave advice or support relationship possible force, much cases in 1420 cases on uh, in 2016 the majority of cases involved women. In fact, 80% of cases involved women, although 20% of cases involved male victims. On one of the key things that the force managing it does emphasize his force marches, not problems specific to one country culture on effect, the Force Virginia have handled cases relation over 90 countries since it was established. So it's very important to bear in mind that this is not an issue that which really only effects a set a segment off the population when the culture, in fact it's favor wide in that regard. So really, just to some eyes, you could see that the Air Force manage protection orders are very useful. It's very important to be clear about the wording and the the format of these orders. We've looked at whether one needs leave. We've looked at the position whether these orders can be made without notice or otherwise on the factor. Of course, powers of arrest can be attached to the terms of these orders, and this is where local thought he may find that they are applying in the first instance, asserts somebody who's in touch to be so under the relevant set party was saved. A police were to apply. They would in fact, need leave of the court in those circumstances. Okay. Can I thank you very much for listening? I hope that's been a useful session for you. And speaking Extract. Thank you very much. Bye for now.