Female Genital Mutilation Act 2003

1 Offence of female genital mutilation E+W+N.I.

(1) A person is guilty of an offence if he excises, infibulates or otherwise mutilates the whole or any part of a girl’s labia majora, labia minora or clitoris.

(2) But no offence is committed by an approved person who performs—

(a) a surgical operation on a girl which is necessary for her physical or mental health, or

(b) a surgical operation on a girl who is in any stage of labour, or has just given birth, for purposes connected with the labour or birth.

(3) The following are approved persons—

(a) in relation to an operation falling within subsection (2)(a), a registered medical practitioner,

(b) in relation to an operation falling within subsection (2)(b), a registered medical practitioner, a registered midwife or a person undergoing a course of training with a view to becoming such a practitioner or midwife.

(4) There is also no offence committed by a person who—

(a) performs a surgical operation falling within subsection (2)(a) or (b) outside the United Kingdom, and

(b) in relation to such an operation exercises functions corresponding to those of an approved person.

(5) For the purpose of determining whether an operation is necessary for the mental health of a girl it is immaterial whether she or any other person believes that the operation is required as a matter of custom or ritual.

Commencement Information

I1 S. 1 in force at 3.3.2004 by S.I. 2004/286, art. 2

2 Offence of assisting a girl to mutilate her own genitalia E+W+N.I.

A person is guilty of an offence if he aids, abets, counsels or procures a girl to excise, infibulate or otherwise mutilate the whole or any part of her own labia majora, labia minora or clitoris.

Commencement Information

I2 S. 2 in force at 3.3.2004 by S.I. 2004/286, art. 2

3 Offence of assisting a non-UK person to mutilate overseas a girl’s genitalia E+W+N.I.

(1) A person is guilty of an offence if he aids, abets, counsels or procures a person who is not a United Kingdom national or F1 ... United Kingdom resident to do a relevant act of female genital mutilation outside the United Kingdom.

(2) An act is a relevant act of female genital mutilation if—

(a) it is done in relation to a United Kingdom national or F2 ... United Kingdom resident, and

(b) it would, if done by such a person, constitute an offence under section 1.

(3) But no offence is committed if the relevant act of female genital mutilation—

(a) is a surgical operation falling within section 1(2)(a) or (b), and

(b) is performed by a person who, in relation to such an operation, is an approved person or exercises functions corresponding to those of an approved person.

Textual Amendments

F1 Word in s. 3(1) omitted (3.5.2015) by virtue of Serious Crime Act 2015 (c. 9), ss. 70(1)(a), 88(4) (with s. 86(10))

F2 Word in s. 3(2)(a) omitted (3.5.2015) by virtue of Serious Crime Act 2015 (c. 9), ss. 70(1)(a), 88(4) (with s. 86(10))

Commencement Information

I3 S. 3 in force at 3.3.2004 by S.I. 2004/286, art. 2

[F3 3A Offence of failing to protect girl from risk of genital mutilation E+W+N.I.

(1) If a genital mutilation offence is committed against a girl under the age of 16, each person who is responsible for the girl at the relevant time is guilty of an offence.

This is subject to subsection (5).

(2) For the purposes of this section a person is “responsible” for a girl in the following two cases.

(3) The first case is where the person—

(a) has parental responsibility for the girl, and

(b) has frequent contact with her.

(4) The second case is where the person—

(a) is aged 18 or over, and

(b) has assumed (and not relinquished) responsibility for caring for the girl in the manner of a parent.

(5) It is a defence for the defendant to show that—

(a) at the relevant time, the defendant did not think that there was a significant risk of a genital mutilation offence being committed against the girl, and could not reasonably have been expected to be aware that there was any such risk, or

(b) the defendant took such steps as he or she could reasonably have been expected to take to protect the girl from being the victim of a genital mutilation offence.

(6) A person is taken to have shown the fact mentioned in subsection (5)(a) or (b) if—

(a) sufficient evidence of the fact is adduced to raise an issue with respect to it, and

(b) the contrary is not proved beyond reasonable doubt.

(7) For the purposes of subsection (3)(b), where a person has frequent contact with a girl which is interrupted by her going to stay somewhere temporarily, that contact is treated as continuing during her stay there.

(8) In this section—

• “ genital mutilation offence ” means an offence under section 1, 2 or 3 (and for the purposes of subsection (1) the prosecution does not have to prove which section it is);

• “parental responsibility”—

  (a)

  in England Wales, has the same meaning as in the Children Act 1989;

  (b)

  in Northern Ireland, has the same meaning as in the Children (Northern Ireland) Order 1995 ( S.I. 1995/755 (N.I. 2));

• “ the relevant time ” means the time when the mutilation takes place. ]

Textual Amendments

F3 S. 3A inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 72(2), 88(4) (with s. 86(16)(17))

4 Extension of sections 1 to [F4 3A] to extra-territorial acts [F5 or omissions] E+W+N.I.

(1) Sections 1 to 3 extend to any act done outside the United Kingdom by a United Kingdom national or F6 ... United Kingdom resident.

[F7 (1A) An offence under section 3A can be committed wholly or partly outside the United Kingdom by a person who is a United Kingdom national or a United Kingdom resident.]

(2) If an offence under this Act is committed outside the United Kingdom—

(a) proceedings may be taken, and

(b) the offence may for incidental purposes be treated as having been committed,

in any place in England and Wales or Northern Ireland.

Textual Amendments

F4 Word in s. 4 heading substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 72(3)(a), 88(4)

F5 Words in s. 4 heading inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 72(3)(a), 88(4)

F6 Word in s. 4(1) omitted (3.5.2015) by virtue of Serious Crime Act 2015 (c. 9), ss. 70(1)(b), 88(4) (with s. 86(10))

F7 S. 4(1A) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 72(3)(b), 88(4)

Commencement Information

I4 S. 4 in force at 3.3.2004 by S.I. 2004/286, art. 2

[F8 4A Anonymity of victims E+W+N.I.

Schedule 1 provides for the anonymity of persons against whom a female genital mutilation offence (as defined in that Schedule) is alleged to have been committed.]

Textual Amendments

F8 S. 4A inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 71(1), 88(4)

5 Penalties for offences E+W+N.I.

[F9 (1) A person guilty of an offence under section 1, 2 or 3] is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 14 years or a fine (or both),

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

[F10 (2) A person guilty of an offence under section 3A is liable—

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

(b) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or a fine (or both),

(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).]

Textual Amendments

F9 Words in s. 5 substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 72(4)(a), 88(4)

F10 S. 5(2) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 72(4)(b), 88(4) (with s. 86(14)(15))

Commencement Information

I5 S. 5 in force at 3.3.2004 by S.I. 2004/286, art. 2

[F11 5A Female genital mutilation protection orders E+W+N.I.

(1) Schedule 2 provides for the making of female genital mutilation protection orders.

(2) In that Schedule—

(a) Part 1 makes provision about powers of courts in England and Wales to make female genital mutilation protection orders;

(b) Part 2 makes provision about powers of courts in Northern Ireland to make such orders.]

Textual Amendments

F11 S. 5A inserted (17.7.2015) by Serious Crime Act 2015 (c. 9), ss. 73(1), 88(1); S.I. 2015/1428, reg. 2(a)

6 Definitions E+W+N.I.

(1) Girl includes woman.

(2) A United Kingdom national is 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 (c. 61) is a British subject, or

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

[F12 (3) A United Kingdom resident is an individual who is habitually resident in the United Kingdom.]

(4) This section has effect for the purposes of this Act.

Textual Amendments

F12 S. 6(3) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 70(1)(c), 88(4) (with s. 86(10))

Commencement Information

I6 S. 6 in force at 3.3.2004 by S.I. 2004/286, art. 2

7 Consequential provision E+W+N.I.

(1) The Prohibition of Female Circumcision Act 1985 (c. 38) ceases to have effect.

(2) In paragraph 1(b) of the Schedule to the Visiting Forces Act 1952 (c. 67) (offences against the person in respect of which a member of a visiting force may in certain circumstances not be tried by a United Kingdom court), for paragraph (xi) there is substituted—

“(xi) the Female Genital Mutilation Act 2003;”.

Commencement Information

I7 S. 7 in force at 3.3.2004 by S.I. 2004/286, art. 2

8 Short title, commencement, extent and general saving E+W+N.I.

(1) This Act may be cited as the Female Genital Mutilation Act 2003.

(2) This Act comes into force on such day as the Secretary of State may by order made by statutory instrument appoint.

(3) An order under subsection (2) may include transitional or saving provisions.

(4) This Act does not extend to Scotland.

(5) Nothing in this Act affects any criminal liability arising apart from this Act.

Commencement Information

I8 S. 8 in force at 3.3.2004 by S.I. 2004/286, art. 2