New law aims to help those being forced into marriage

In a move to stop people being married against their will, the law gives courts the power to issue protection orders which, if breached, could carry a two-year prison sentence.

Men and women who are already the victims of forced marriage are also being offered greater help.

The Forced Marriage (Protection and Jurisdiction) (Scotland) Act is the first in the UK to make it a criminal offence to breach an order.

Courts will be able to tailor the terms of an order to the needs of the victim – for example, making sure someone is taken to a safe place if in danger of being sent abroad to be married. Existing powers to annul a forced marriage have been reformed to make the process easier.

To mark the introduction of the legislation, health secretary Nicola Sturgeon visited Amina, the Muslim Women’s Resource Centre in Glasgow, to meet support staff who work with people affected by forced marriage.

Smina Akhtar, director at the Amina, said: “Forced marriage is not acceptable within any major religion. This law will mean that victims of forced marriage will no longer be alone and have to suffer in silence.

“By passing this law, the Scottish Government has given a voice to a silent minority and a lifeline to many young people who, until now, have had nowhere to turn.”

Ms Sturgeon said: “All people in Scotland who are eligible to marry or enter into a civil partnership should have the right to do so freely without coercion.

“We know people who refuse are often subjected to threats, assault, captivity or worse at the hands of their own family.

“The introduction of this legislation will help us ensure that forced marriage has no place in 21st-century Scotland, by providing flexible legal support to allow victims to get their lives back on track.”

People at risk or anyone worried about someone’s welfare, including local authorities, can apply for a protection order.

The courts will also be able to issue an order if a person at risk is involved in other proceedings and the court thinks that it should be made to protect them.

The legislation outlines forced marriage as a situation where one or both parties are coerced by physical, verbal or psychological means. This includes threatening conduct and harassment.

During its passage through Holyrood, MSPs of all parties agreed that, while forced marriage might only affect a small number of people in Scotland, the detrimental impact on victims could be extensive.

The Law Society of Scotland said the new legislation would strengthen the position of those who refuse to marry without giving their consent. But John Fotheringham, of its family law committee, said the law must be accompanied by education to make sure forced marriage was reduced in the long term.