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President of Family Division approves amendments to forced marriage standard orders

Date:12 DEC 2018

The president of the Family Division, Sir Andrew McFarlane, has approved a note issued by Mr Justice Mostyn confirming that an error had been identified in standard orders 15.1, 15.2, 15.3, 15.4, 15.5, 15.6, 15.8, 15.9, and 15.10 (forced marriage orders), in addition to standard order 16.1 (female genital mutilation order). The note was approved on 10 December 2018.

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Each of these standard orders contained, or referred to, a power of arrest and assumed that section 63H of the Family Law Act 1996 was still in force. That provision has been repealed by section 120(5) of the Anti-Social Behaviour, Crime and Policing Act 2014. Instead, the standard orders should have contained the same warning notice that breach may amount to a criminal offence and a ‘Note to Arresting Officer’ as appears in standard order 10.1—Non-molestation order. Mostyn J has issued corrective orders which take effect immediately and are attached to the guidance.

Source: Press release: Update to Compendium of Standard Orders—Amended Forced Marriage Orders