[F1 Part 4A E+WForced marriage

Textual Amendments

F1Pt. 4A inserted (25.11.2008 except in regard to the insertion of s. 63N) by Forced Marriage (Civil Protection) Act 2007 (c. 20), ss. 1, 4(2); S.I. 2008/2779, art. 2(a) (as amended (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 210 Table; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11))

Arrest for breach of ordersE+W

F2 63H Attachment of powers of arrest to ordersE+W

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Textual Amendments

F363IArrest under attached powersE+W

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Textual Amendments

63JArrest under warrantE+W

F4(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)An interested party may apply to the relevant judge for the issue of a warrant for the arrest of a person if the interested party considers that the person has failed to comply with [F5a forced marriage protection order] or is otherwise in contempt of court in relation to the order.

(3)The relevant judge must not issue a warrant on an application under subsection (2) unless—

(a)the application is substantiated on oath; and

(b)the relevant judge has reasonable grounds for believing that the person to be arrested has failed to comply with the order or is otherwise in contempt of court in relation to the order.

(4) In this section “interested party”, in relation to a forced marriage protection order, means—

(a)the person being protected by the order;

(b)(if a different person) the person who applied for the order; or

(c)any other person;

but no application may be made under subsection (2) by a person falling within paragraph (c) without the leave of the relevant judge.

Textual Amendments

63KRemand: generalE+W

(1)The court before which an arrested person is brought F6... by virtue of a warrant issued under section 63J may, if the matter is not then disposed of immediately, remand the person concerned.

(2)Schedule 5 has effect in relation to the powers of the court to remand a person by virtue of this section but as if the following modifications were made to the Schedule.

(3)The modifications are that—

(a)in paragraph 2(1) of Schedule 5, the reference to section 47 is to be read as a reference to this section; and

(b)in paragraph 2(5)(b) of the Schedule, the reference to section 48(1) is to be read as a reference to section 63L(1).

(4)Subsection (5) applies if a person remanded under this section is granted bail under Schedule 5 as modified above.

(5)The person may be required by the relevant judge to comply, before release on bail or later, with such requirements as appear to the relevant judge to be necessary to secure that the person does not interfere with witnesses or otherwise obstruct the course of justice.

Textual Amendments

63LRemand: medical examination and reportE+W

(1)Any power to remand a person under section 63K(1) may be exercised for the purpose of enabling a medical examination and report to be made if the relevant judge has reason to consider that a medical report will be required.

(2)If such a power is so exercised, the adjournment must not be for more than 4 weeks at a time unless the relevant judge remands the accused in custody.

(3)If the relevant judge remands the accused in custody, the adjournment must not be for more than 3 weeks at a time.

(4)Subsection (5) applies if there is reason to suspect that a person who has been arrested—

F7(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)under a warrant issued on an application made under section 63J(2);

is suffering from [F8mental disorder within the meaning of the Mental Health Act 1983].

(5)The relevant judge has the same power to make an order under section 35 of the Mental Health Act 1983 (c. 20) (remand for report on accused's mental condition) as the Crown Court has under section 35 of that Act in the case of an accused person within the meaning of that section.]

Textual Amendments