Family Law Act 1996

Enforcement powers of magistrates' courts

50 Power of magistrates' court to suspend execution of committal order

(1) If, under section 63(3) of the [1980 c. 43.] Magistrates' Courts Act 1980, a magistrates' court has power to commit a person to custody for breach of a relevant requirement, the court may by order direct that the execution of the order of committal is to be suspended for such period or on such terms and conditions as it may specify.

(2) In subsection (1)“a relevant requirement” means—

(a) an occupation order or non-molestation order;

(b) an exclusion requirement included by virtue of section 38A of the [1989 c. 41.] Children Act 1989 in an interim care order made under section 38 of that Act; or

(c) an exclusion requirement included by virtue of section 44A of the Children Act 1989 in an emergency protection order under section 44 of that Act.

51 Power of magistrates' court to order hospital admission or guardianship

(1) A magistrates' court has the same power to make a hospital order or guardianship order under section 37 of the [1983 c. 20.] Mental Health Act 1983 or an interim hospital order under section 38 of that Act in the case of a person suffering from mental illness or severe mental impairment who could otherwise be committed to custody for breach of a relevant requirement as a magistrates' court has under those sections in the case of a person convicted of an offence punishable on summary conviction with imprisonment.

(2) In subsection (1)“a relevant requirement” has the meaning given by section 50(2).