Anti-social Behaviour, Crime and Policing Act 2014

122 [F1 Offence of forced marriage or forced civil partnership: Scotland] S

(1) A person commits an offence under the law of Scotland if he or she—

(a) uses violence, threats or any other form of coercion for the purpose of causing another person to enter into a marriage [F2 or civil partnership], and

(b) believes, or ought reasonably to believe, that the conduct may cause the other person to enter into the marriage [F2 or civil partnership] without free and full consent.

(2) In relation to a victim who is incapable of consenting to marriage [F3 or civil partnership] by reason of mental disorder, the offence under subsection (1) is capable of being committed by any conduct carried out for the purpose of causing the victim to enter into a marriage [F3 or civil partnership] (whether or not the conduct amounts to violence, threats or any other form coercion).

(3) A person commits an offence under the law of Scotland if he or she—

(a) practises any form of deception with the intention of causing another person to leave the United Kingdom, and

(b) intends the other person to be subjected to conduct outside the United Kingdom that is an offence under subsection (1) or would be an offence under that subsection if the victim were in Scotland.

(4) “Marriage” means any religious or civil ceremony of marriage (whether or not legally binding).

[F4 (4A) “Civil partnership” includes—

(a) a civil partnership which exists by virtue of the Civil Partnership Act 2004, and

(b) a purported civil partnership.]

(5) “Mental disorder” has the meaning given by section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003.

(6) It is irrelevant whether the conduct mentioned in paragraph (a) of subsection (1) is directed at the victim of the offence under that subsection or another person.

(7) A person commits an offence under subsection (1) or (3) only if, at the time of the conduct or deception—

(a) the person or the victim or both of them are in Scotland,

(b) neither the person nor the victim is in Scotland but at least one of them is habitually resident in Scotland, or

(c) neither the person nor the victim is in the United Kingdom but at least one of them is a UK national.

(8) “UK national” means an individual who is—

(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;

(b) a person who under the British Nationality Act 1981 is a British subject; or

(c) a British protected person within the meaning of that Act.

(9) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine or both.

Textual Amendments

F1 S. 122 heading substituted (30.11.2023) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 13(2)(d), 16; S.S.I. 2023/146, reg. 2, sch.

F2 Words in s. 122(1) inserted (30.11.2023) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 13(2)(a), 16; S.S.I. 2023/146, reg. 2, sch.

F3 Words in s. 122(2) inserted (30.11.2023) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 13(2)(b), 16; S.S.I. 2023/146, reg. 2, sch.

F4 S. 122(4A) inserted (30.11.2023) by Civil Partnership (Scotland) Act 2020 (asp 15), ss. 13(2)(c), 16; S.S.I. 2023/146, reg. 2, sch.

Commencement Information

I1 S. 122 in force at 30.9.2014 by S.S.I. 2014/221, art. 2