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Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011
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4Power to make orders without application, etc.
This section has no associated Explanatory Notes
(1)The court may make a forced marriage protection order without an application being made to it where—
(a)civil proceedings are before the court,
(b)the court considers that a forced marriage protection order should be made to protect a person (whether or not a party to the civil proceedings), and
(c)a person who would be a party to any proceedings for the forced marriage protection order (other than as the protected person) is a party to the civil proceedings.
(2)Subsection (3) applies where—
(a)criminal proceedings are before the sheriff or the High Court, and
(b)the sheriff or the High Court considers that a forced marriage protection order should be made to protect a person (whether or not a party to the criminal proceedings).
(3)The sheriff or, as the case may be, the High Court may refer the matter to the Lord Advocate who may—
(a)apply under section 3 for a forced marriage protection order,
(b)take such other steps as the Lord Advocate considers appropriate.
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