SCHEDULES

F1SCHEDULE 6AAnonymity of victims of forced marriage

Annotations:
Amendments (Textual)
F1

Sch. 6A inserted (31.1.2017 for specified purposes, 31.3.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 173(2), 183(5)(e), (6)(d)

1Prohibition on the identification of victims in publications

1

This paragraph applies where an allegation has been made that an offence of forced marriage has been committed against a person.

2

No matter likely to lead members of the public to identify the person, as the person against whom the offence is alleged to have been committed, may be included in any publication during the person’s lifetime.

3

In any criminal proceedings before a court, the court may direct that the restriction imposed by sub-paragraph (2) is not to apply (whether at all or to the extent specified in the direction) if the court is satisfied that either of the following conditions is met.

4

The first condition is that the conduct of a person’s defence at a trial of an offence of forced marriage would be substantially prejudiced if the direction were not given.

5

The second condition is that—

a

the effect of sub-paragraph (2) is to impose a substantial and unreasonable restriction on the reporting of the proceedings, and

b

it is in the public interest to remove or relax the restriction.

6

A direction under sub-paragraph (3) does not affect the operation of sub-paragraph (2) at any time before the direction is given.

7

In this paragraph, “the court” means a magistrates’ court or the Crown Court.