Forced Marriage Act 25 November 2007
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Newcastle's County Court has become one of a small number nationally to be designated to handle cases arising from the Forced Marriage (Civil Protection) Act 2007 which comes into force today.
Newcastle has been selected because of the expertise and assistance available in this area amongst the judiciary and relevant agencies. The city has, for a number of years, had facilities and dedicated personnel to assist women fleeing pressure and violence.
Under the new powers, the court can issue a Forced Marriage Protection Order. The order can:
- Prevent a forced marriage from occurring
- Stop violence and intimidation
- Stop someone from being taken abroad including confiscating passports
Her Honour Judge Judy Moir, who is the lead judge for the initiative, said:"Of course we would prefer that the assistance of the court is unnecessary, but in circumstances where it is, we hope to provide a helpful and efficient service to people."
Cris McCurley, solicitor at Ben Hoare Bell said: “The Act itself has been a very long time coming. As far back as 1999 the Home Office established a Forced Marriage Working Group to investigate the scale and extent of forced marriage in the UK. In 2005 the Forced Marriage Unit was formed and although it actively intervenes to help around 300 victims a year, we know that this is the tip of the iceberg. I have worked with a wide range of voluntary agencies and support groups across the region and this Act, as well as the work being carried out by the Courts and the Council, will help those people that need it most.”
Forced marriages are those conducted without the consent of one or both parties, with pressure a factor - unlike arranged marriages, which have the consent of both parties. Forced marriage is an abuse of human rights and a form of domestic violence. Victims often experience physical violence, rape, abduction, false imprisonment and enslavement, sexual abuse, mental and emotional abuse, and at a times, murder.
Most cases involve young women and girls aged between 13 and 30, although evidence shows that around 15% of reported cases are male. Those aged over 16 get married in this country and girls who are much younger are usually taken to other countries, sometimes under false pretences, and made to marry whilst there.
Each year around 400 cases of forced marriage are reported to the Government’s Forced Marriage Unit. But many more come to the attention of the police, social care services, health, education and voluntary organisations so this figure is thought to be the tip of the iceberg. With greater awareness of this issue, the number of cases reported is likely to increase.
As well as being a national issue, forced marriage is also a local issue with reports of cases in Newcastle. This includes the plight of 17 year old Bengali woman whose family took her to Bangladesh on the pretext of visiting her sick grandmother. The woman texted her boyfriend back in Newcastle about her fears of being forced to marry. He alerted police who then contacted the Foreign Commonwealth Office. They intervened and returned the woman to the UK. She was met by police at the airport and taken to an undisclosed location to be reunited with her boyfriend and away from her family.
Safe Newcastle, the community safety partnership, has long campaigned for greater help for victims of forced marriages. They have raised awareness of this issue for the last few years and are one of the first cities to develop a multi-agency approach to deal with this important issue. In the last year they have helped 24 people who have been affected by forced marriage and honour-based violence. Some of these victims are from the area and some have been moved into Newcastle to escape forced marriage or honour-based abuse.
Domestic Violence Co-ordinator for Safe Newcastle, Lesley Storey said “Safe Newcastle are delighted that Newcastle has been named as one of the specialist courts in forced marriage. We believe this is down to the hard work and commitment of Safe Newcastle partners, including the court service, to tackle this issue in our city.
“You can never underestimate the devastating impacts of forced marriage. Victims’ lives are often in real danger and many are forced to cut off all ties from their friends, family and local community to escape, often in hiding for the rest of their lives. The new law will help these victims and offer greater protection against this human right issue.”
Many young people who are forced into marriage are often taken out of school under the pretext of visiting family overseas. Safe Newcastle has been working with the Education Welfare Service to hi-light this issue of young people missing from education who may be suspected forced marriage victims.
Catherine Fitt, Executive Director for Children’s Services added "We have made it clear that in Newcastle forced marriage is a safeguarding issue and not acceptable. Both the Children's and Adults Safeguarding Boards will continue to do all they can to help any young person or adult who is affected."
The news that Newcastle is one of the specialist courts was praised by best-selling author and vociferous campaigner for victims of forced marriage, Jasvinder Sanghera. Derby born Jasvinder was disowned by her family after refusing to take part in a forced marriage. She ran away from home and ended up sleeping rough on the streets of Newcastle.
Jasvinder now runs the award-winning project Karma Nirvana for Asian women in Derby. Many of the women who use Karma Nirvana are escaping forced marriages and experiencing honour-based abuse. Jasvinder told us “Newcastle is very significant to me as this is where I ran away to 24 years ago. Since then I have maintained strong links with the city in helping victims of forced marriage.
“I am very impressed by the commitment and dedication of Safe Newcastle’s partners to tackle forced marriage. They are certainly way ahead of many of the other cities that I visit. Being recognised as a city with a specialist court is testament to their commitment to stamping out this crime. We look forward to working closely with Safe Newcastle as we plan to open a base in the North East in the coming months.”
DCI Max Black of Northumbria Police Crime Department said: "Forced marriage is a human rights abuse and while not of itself a criminal offence, all forced marriages involve serious criminal offences such as rape or false imprisonment. Northumbria Police is committed to responding immediately and effectively when receiving a report of Forced Marriage, whether the report is from a victim directly or from a third party contacting Police on behalf of the victim.
"Training has been designed and delivered to all public-facing Police officers and staff in Northumbria Police in recognising and providing an effective response to instances of forced marriage to ensure that the safety of victims are paramount and that any offences are fully investigated. Police will always take whatever action is necessary to ensure the safety of the victim.
"Each incident that is reported to police is dealt with by specially trained investigators based within the six Public Protection Units in each Area Command. Those investigators have a great deal of experience in this very sensitive area of policing and are familiar with the risks faced by people who fear forced marriage or honour based violence. The Public Protection Units and provide direct assistance, safety-planning advice, and links to other agencies locally and nationally who can provide help and support. We are here to protect the vulnerable and to ensure that people in our communities are safe from harm."
The new laws come into effect on White Ribbon Day, a day that raises awareness of violence against women.
