Search Legislation

Female Genital Mutilation (Protection and Guidance) (Scotland) Act 2020

Inserted section 5K: References by criminal court to Lord Advocate

61.Section 5K provides that where criminal proceedings are before a criminal court and it considers that a female genital mutilation protection order should be made, the court may refer the matter to the Lord Advocate who can apply for a female genital mutilation protection order or take other steps as the Lord Advocate considers appropriate. An example of this could be where the criminal court has come to this considered view, but cannot use its powers under section 5J; either because the criminal proceedings are other than for an FGM offence, or where the criminal standard of proof has, notwithstanding that view, not been met in a prosecution for an FGM offence.

Back to top


Print Options


Explanatory Notes

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.


More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources