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PART 11E+WAPPLICATIONS UNDER PART 4A OF THE FAMILY LAW ACT 1996 [F1OR PART 1 OF SCHEDULE 2 TO THE FEMALE GENITAL MUTILATION ACT 2003]

Textual Amendments

Proceedings following arrestE+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 [F2or 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 [F3the court] to remand in custody or on bail are contained in section 47 of and Schedule 5 to the 1996 Act [F4and in paragraphs 8 to14 of Part 1 of Schedule 2 to the 2003 Act] M1.)

Textual Amendments

Marginal Citations

M1Section 47 was inserted by section 1 of the Forced Marriage (Civil Protection) Act 2007.