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On the 30th September 2014 the Scottish Parliament passed the Anti-social Behaviour, Crime and Policing Act 2014, which makes it illegal to use threats or coercion to attempt to force someone into marriage. MSP’s passed the Westminster legislation on the issue after it was enacted in England Wales in June.
The new offence, known as the Anti-social Behaviour, Crime and Policing Act 2014, amends the Family Law Act 1996 and makes it illegal to use threats or coercion to force or attempt to force someone into marriage. Previously, the courts only had the power to issue marriage protection orders, drafted by a judge when a person is thought to be at risk of entering into a forced marriage.
During the Scottish Parliamentary debate over the issue of marriage protection orders it was revealed that only seven of these orders had been granted since their conception in 2011. The new legislation has a far better chance of protecting those vulnerable of being forced into marriage and a conviction is accompanied by a maximum seven-year custodial sentence.
Additionally, the passing of the act brings Scotland in line with the requirements of the Council of European Convention on Preventing and Combating Violence against Woman and Domestic Violence, known as the Istanbul Convention.
