Explanatory Notes

Forced Marriage (Civil Protection) Act 2007

2007 CHAPTER 20

26 July 2007

Commentary on Sections

Section 63E Undertakings instead of orders

37.This section provides that, as an alternative to a forced marriage protection order, the court may accept an undertaking from the respondent. An undertaking is a promise given to the court. Subsection (1) provides that the court may accept an undertaking from a respondent if it has the power to make a forced marriage protection order.

38.Subsection (2) provides that a power of arrest cannot be attached to an undertaking and subsection (3) provides that the court cannot accept an undertaking instead of making an order if it would have attached a power of arrest to the order. This provision makes clear that if the court considers the threat sufficiently serious to warrant the attachment of a power of arrest, then this is not a case where an undertaking would be appropriate.

39.Subsection (4) provides that the court has the same enforcement powers to deal with a breach of an undertaking, as it has to deal with a breach of an order.