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Forced Marriage etc. (Protection and Jurisdiction)(Scotland) Act 2011

Section 1: Forced marriage protection orders

5.Subsection (1) enables the Court of Session or a sheriff to make a forced marriage protection order for the purposes of protecting a person from being forced or from any attempt to force the person into a marriage, or protecting a person who has been forced into a marriage.

6.Subsections (2) and (3) set out the issues that the court must consider when deciding whether to make an order and the type of order that should be made.

7.Subsection (4) describes what a forced marriage means for the purposes of Part 1. Subsection (5) makes it clear that the conduct which forces a person into marriage does not have to be directed against that person and includes, for example, circumstances in which the perpetrator threatens to commit suicide if the person does not submit to the marriage.

8.Subsection (6) defines “force” to include coercion by physical, verbal or psychological means, threatening conduct, harassment or other means. This would include, for example, coercion by the threat of blackmail and coercion by other means which may involve the use of deception. It is also “force” to knowingly take advantage of a person’s incapacity to consent to marriage or to understand the nature of the marriage.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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