Section 4 Power to make orders without application, etc.I1

Scotland

(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 F1, the Sheriff Appeal Court or the High Court, and

(b)

the sheriff F2, the Sheriff Appeal Court 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 F3, the Sheriff Appeal Court 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.

Annotations

Textual amendments

F1: Words in s. 4(2)(a) inserted (28.11.2016) by The Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 (S.S.I. 2016/387), art. 1, sch. 3 para. 7(2)(a)(i) (with art. 4(2))
F2: Words in s. 4(2)(b) inserted (28.11.2016) by The Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 (S.S.I. 2016/387), art. 1, sch. 3 para. 7(2)(a)(ii) (with art. 4(2))
F3: Words in s. 4(3) inserted (28.11.2016) by The Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 (S.S.I. 2016/387), art. 1, sch. 3 para. 7(2)(b) (with art. 4(2))

Commencement

I1: S. 4 in force at 28.11.2011 by S.S.I. 2011/352, art. 2