Schedule 7 - Minor and consequential amendments
Domestic Violence, Crime and Victims Bill [Lords]
9:10 am
Mr Joe Benton (Bootle, Labour)
With this it will be convenient to discuss the following: new clause 40—Forced marriage—
'(1) A person commits an offence if he causes or attempts to cause another person to enter into a forced marriage.
(2) In this section ''forced marriage'' means a marriage entered into in which one or both parties has been subject to—
(a) intimidation,
(b) harassment,
(c) false imprisonment, or
with the intent to cause the party or parties to enter into the marriage.
(3) For the purposes of this section ''domestic violence'' means—
(a) physical abuse;
(b) sexual abuse;
(c) psychological or emotional abuse, including, but not limited to—
(i) intimidation;
(ii) harassment;
(iii) false imprisonment;
(iv) damage to property;
(v) threats of physical abuse, sexual abuse or psychological or emotional abuse;
(d) any act defined under paragraphs (a) to (c) directed against a dependant of the person,
(e) threats of any act under paragraph (d)
committed by a cohabitant, relative or member of the same household.
(4) In this section—
''cohabitant'' and ''relative'' have the same meaning as in section 62 of the Family Law Act 1996;
''member'' of a particular household has the same meaning as in section 5 of this Act.
(5) Behaviour which does not involve actual or threatened physical or sexual abuse may be psychological or emotional abuse for the purposes of subsection (3)(c).
(6) Without limiting subsection (2)—
(a) a single act may amount to domestic violence for the purposes of that subsection;
(b) a number of acts that form part of a pattern of behaviour may amount to domestic violence for that purpose, even if, taken individually, some or all of those acts would not be of sufficient severity to meet the criteria in subsection (3).
(7) A person (whether or not a United Kingdom national or permanent United Kingdom resident) is guilty of an offence if he aids, abets, counsels or procures a person (whether or not a United Kingdom national or permanent United Kingdom resident) to commit an offence under subsection (1).
(8) An act is a relevant act for the purposes of this section if it would constitute an offence under subsection (1) or (7), and—
(a) it is done in relation to a United Kingdom national or permanent United Kingdom resident (whether or not done in the United Kingdom), or
(b) it is done in the United Kingdom (whether or not by a person who is a United Kingdom national or permanent United Kingdom resident), or
(c) it is done outside the United Kingdom by a United Kingdom national or permanent United Kingdom resident.
(9) If an offence under this section 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.
(10) A person to whom an act is done which would constitute an offence under subsection (1) or (7), but which is not a relevant act, is a victim (as defined by section 29 of this Act), while resident in the United Kingdom.
(11) 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.
(12) A permanent United Kingdom resident is an individual who is settled in the United Kingdom (within the meaning of the Immigration Act 1971 (c.77)).
(13) A person guilty of an offence under this section is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding 10 years, or a fine, or both;
(b) a summary conviction, imprisonment for a term not exceeding 18 months, or a fine not exceeding the statutory maximum, or both.
(14) After section 12(f) of the Matrimonial Causes Act 1973 (c.18) (Grounds on which a marriage is voidable) insert—
''(g) that either party was subject to an offence under section [Forced marriage] of the Domestic Violence, Crime and Victims Act 2004''.
(15) In Schedule 21 of the Criminal Justice Act 2003 (c.44) (Determination of minimum term in relation to mandatory life sentence) after sub-paragraph 10(e) insert—
''(ea) a connection to a forced marriage or attempted forced marriage,''.'.
New clause 41—Victim's perceived conduct ('honour crimes')—
'In Part 12 of the Criminal Justice Act 2003 (c.44) after section 145 (Increase in sentences for racial or religious aggravation) insert—
''145A Increase in sentences for offences aggravated by the victim's perceived conduct (honour crimes)
(1) This section applies where a court is considering the seriousness of an offence.
(2) If the offence was aggravated by the victim's perceived conduct as defined by this section, the court—
(a) must treat that fact as an aggravating factor, and
(b) must state in open court that the offence was so aggravated.
(3) For the purposes of this section an offence aggravated by the victim's perceived conduct means an offence motivated (wholly or partly) by a belief that—
(a) the victim's conduct has disgraced the victim's family by defying cultural rules, or
(b) the victim has aided, abetted, solicited or encouraged conduct by a person considered to have disgraced the person's family by defying cultural rules.
(4) 'cultural rules' includes codes of behaviour (whether or not formally expressed) relating to religious, racial, or ethnic communities.''.'.