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))
[F2(1)In any case where the court has power to make a forced marriage protection order, the court may accept an undertaking from the respondent instead of making the order.
(2)But a court may not accept an undertaking under subsection (1) if it appears to the court—
(a)that the respondent has used or threatened violence against the person to be protected, and
(b)that, for the person's protection, it is necessary to make a forced marriage protection order so that any breach of it by the respondent may be punishable under section 63CA.]
(4)An undertaking given to the court under subsection (1) is enforceable as if the court had made the order in terms corresponding to those of the undertaking.
(5)This section is without prejudice to the powers of the court apart from this section.]
Textual Amendments
F2S. 63E(1)(2) substituted for s. 63E(1)-(3) (16.6.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 120(3), 185(1) (with ss. 21, 33, 42, 58, 75, 93, 120(6)); S.I. 2014/949, art. 5(a) (with art. 10)