Forced Marriage (Civil Protection) Act 2007 Summary

labored Marriage (Civil Protection) impress 2007 SummaryIntroductionBroadly, a oblige trade union takes place where both parties have failed to give effectual consent and there is duress involved.The pressure Marriage (Civil Protection) solve 2007 inserted s63A into the Family virtue twist 1996, which gives family courts power to make Forced Marriage Protection enacts (injunctions) to entertain a mortal from being forced into a spousal or from any attempt to be forced into a marriage ceremony or a person who has been forced into a marriage.An order can counter families from taking a person abroad for marriage, taking their passport away, and scare some unmatchable into agreeing to marry.It can also require family members to reveal the whereabouts of a person who is being forced into marriage. The police can apply for a Forced Marriage Order, a breach of which can be punished by devil years imprisonment.As of 16 June 2014 there are two new criminal offences relating to forced marriage. Section 63CA Family truth Act 1996 creates a criminal offence of breaching a forced marriage protection order, which carries a maximum sentence of five years imprisonment. In addition, s121 Anti-social Behaviour, crime and Policing Act 2014 makes it a criminal offence to use violence, threats, or any opposite form of coercion to cause someone to enter into a forced marriage. This offence is punishable by up to seven years imprisonment.Forced marriage is now a criminal offence chthonian s121 Anti-social Behaviour, Crime and Policing Act 2014. The breach of a Forced Marriage Protection Order is an offence under s120 2014 Act.Forced marriage is a marriage where one or both spouses do non consent to the marriage, and duress is involved.1However, a forced marriage is different from an arranged marriage. An arranged marriage is where the families and/or friends of two young people take a lead federal agency in arranging or de marginining the suitability of their prospective marriage but the consent is still needed.2 The forced Marriage Unit (FMU) is a government agency to . The statistic has showed that many victims of forced marriage do not actually report the matter to relevant authorities.The designing of this essay is to reason the effectiveness of family law in protecting victims and potential victims from forced marriage. Therefore, the internal jurisdiction of the court, the Forced Marriage (Civil Protection) Act 2007, the criminalisation of forced marriage and the possible alternatives for victims who have been forced to wed will be discussed in this essay.Inherent JurisdictionFor Children VictimNullity (For person who had been forced to wed)Enforcement of a FMPO Contempt of CourtThe main weakness with this legislation isThe Family Law Act 1996 (Forced Marriage) (Relevant Third Party) Order 2009Enforcement of a FMPO Criminal OffenceForced marriage is now a criminal offence under Anti-social Behaviour, Crime and patrol Act 2014. A person commits an offence under the law of England and Wales if he or she uses violence, threats or any other form of coercion for the purpose of causing another person to enter into a marriage, and believes, or ought moderately to believe, that the conduct may cause the other person to enter into the marriage without free and full consent.3 A person guilty of an offence under this section is liable on summary conviction, to imprisonment for a condition not exceeding 12 months or to a fine or both on conviction on indictment, to imprisonment for a term not exceeding 7 years.4Other Protection or assistance against Forced MarriageConclusionBibliographyTable of CasesUK casesA v SM and HB (Forced Marriage Protection Orders) 2012 EWHC 435 (Fam)A Chief Constable v YK, RB, ZS, SI, AK and MH 2011 1 FLR 1493Bedfordshire Police Constabulary v RU 2013 EWHC 2350 (Fam)Hirani v Hirani 1983 4 FLR 232M v B, A and S (by the Official Solicitor) 2006 1 FLR 117NS v MI 2007 1 FLR 444SK (Proposed Pl aintiff) (An Adult by Way of her Litigation Friend) 2005 2 FLR 230European CasesTable of canonTable of Legislation UKAnti-social Behaviour, Crime and Policing Act 2014Children Act 1989Family Law Act 1996Forced Marriages (Civil Protection) Act 2007Table of Legislation EUTable of Legislation Other jurisdictionsGovernment PublicationsBooksGilmore S and Glennon L, convert Williams Family Law (5th edn, OUP 2016)Harris-Short S, Miles J and George R, Family Law (3rd edn, OUP 2015)Herring J, Family Law Marriage (7th edn, Pearson grooming Limited 2015)Probert R and Harding M, Cretney and Proberts Family Law (9th edn, Sweet Maxwell 2015)Journal ArticlesPatel H, Langdale R and Obe H, Forced Marriage the Concept and Law 2009 Fam Law 726Pearce N and lamella A, Criminalising Forced Marriage through Stand-alone Legislation Will It pop off? 2012 Fam Law 534Website1 Rachel Langdale, Anne-Marie Hutchinson and Hanisha Patel, Forced Marriage The Concept and Law (2009) 39 Fam Law 726, 726.2 Ibid 7 26.3 Anti-social Behaviour, Crime and Policing Act 2014, s 121(1).4 Anti-social Behaviour, Crime and Policing Act 2014, s 121(9).