Bills/Forced Marriage etc. (Protection and Jurisdiction)

SP Bill 53

Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Bill

Full BillStage 3
Type: Executive
Nicola

Scottish National Party

# Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Bill Forced marriage represents a serious violation of human rights and a form of abuse that disproportionately affects women and young people. Although already criminalised in Scotland, the legal framework for protecting potential victims and those at risk lacked adequate preventative measures. The bill addresses this gap by introducing civil remedies alongside the existing criminal law, enabling courts to intervene before a forced marriage occurs and to protect individuals who have already been subjected to such abuse. The legislation also clarifies jurisdictional issues to ensure Scottish courts can effectively handle cases with Scottish connections. The bill introduces Forced Marriage Protection Orders, which courts can issue to prevent someone from being forced into marriage or to protect those already in such circumstances. These orders can prohibit specific individuals from taking certain actions, such as contacting the at-risk person or attempting to remove them from Scotland. The legislation establishes clear grounds for obtaining such orders and sets out the court's powers to enforce them, including potential contempt of court sanctions for breach. The bill also amends jurisdictional rules to enable Scottish courts to make protection orders in cases where Scotland has a significant connection, even if the forced marriage is planned abroad, thereby extending protective reach beyond Scotland's borders and providing vulnerable individuals with accessible legal remedies.

AI-generated summary

Parliamentary Progress

Introduced

29 September 2010

Stage 1

2 February 2011

Stage 2

1 March 2011

Stage 3

22 March 2011

Debate

Register to request a debate.
View on parliament.scot

Data sourced from parliament.scot