The Family Procedure Rules 2010

Proceedings following arrest E+W

11.14.—(1) This rule applies where a person is arrested pursuant to—

(a) a power of arrest attached to a provision of a forced marriage protection order; or

(b) a warrant of arrest issued on an application under section 63J(2) of the 1996 Act [F1 or under paragraph 7(1) of Part 1 of Schedule 2 to the 2003 Act].

(2) The court before whom a person is brought following his arrest may—

(a) determine whether the facts and the circumstances which led to the arrest amounted to disobedience of the order; or

(b) adjourn the proceedings.

(3) Where the proceedings are adjourned, the arrested person may be released and—

(a) unless the court directs otherwise, be dealt with within 14 days of the day on which the person was arrested; and

(b) be given not less than 2 days' notice of the adjourned hearing.

(4) An application notice seeking the committal for contempt of court of the arrested person may be issued if the arrested person is not dealt with within the period mentioned in paragraph (3)(a).

(The powers of [F2 the court] to remand in custody or on bail are contained in section 47 of and Schedule 5 to the 1996 Act [F3 and in paragraphs 8 to14 of Part 1 of Schedule 2 to the 2003 Act] M1 .)

Textual Amendments

F1 Words in rule 11.14(1)(b) inserted (17.7.2015) by The Family Procedure (Amendment No. 2) Rules 2015 (S.I. 2015/1420), rules 1(2), 15(a)

F2 Words in rule 11.14 substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 45 (with rule 137); S.I. 2014/954, art. 2

F3 Words in rule 11.14 inserted (17.7.2015) by The Family Procedure (Amendment No. 2) Rules 2015 (S.I. 2015/1420), rules 1(2), 15(b)

Marginal Citations

M1 Section 47 was inserted by section 1 of the Forced Marriage (Civil Protection) Act 2007.