Full Description
Longlisted for the 2022 Inner Temple New Authors Award
"an impressive book... a pleasurable and, at times, compelling read... an ambitious project, but...skilfully realised"
The Honourable Mr Justice Hayden, Vice President of the Court of Protection, in the Foreword to the book
Forced Marriage Law and Practice is a comprehensive and practical treatment of the law and practice in this field, incorporating criminal, family and Court of Protection elements. It provides an awareness of what remedies may be available, how they may be obtained, and how best to defend an application or prosecution.
The book is divided into five parts which look at:
- The definition of forced marriage, setting out the law and types of forced marriage in seven sections: prevention; punishment; remedies following a forced marriage; forced marriage and human rights; honour-based forced marriage; forced marriage involving vulnerable individuals and those lacking capacity; and organised exploitation and marriage for immigration purposes.
- The law and procedure in the family jurisdiction, including both matrimonial and protective remedies
- The procedure and relevant law for bringing and defending forced marriage related prosecutions in the criminal jurisdiction
- The law, procedure and relevance of Court of Protection proceedings
- Matters of best practice
Forced Marriage Law and Practice helps the reader to access the relevant law, and includes summaries of applicable law (both international and domestic), all in one text, facilitating a holistic approach to cases of forced marriage.
This is an essential title for family, crime and Court of Protection practitioners, as well as for other legal advisers and representatives, CPS lawyers, local authorities, human rights organisations, charities, students and academics.
This title is included in Bloomsbury Professional's Family Law online service.
Contents
Part 1: Types and stages of forced marriages
Chapter 1 Introduction
Chapter 2 What is a forced marriage?
Chapter 3 Prevention
Chapter 4 Punishment
Chapter 5 Remedies following a forced marriage
Chapter 6 Forced Marriage and Human Rights
Chapter 7 Honour-based forced marriage
Chapter 8 Vulnerable individuals and those lacking capacity
Chapter 9 Organised exploitation and marriage for immigration purposes
PART 2: Law and procedure in the family jurisdiction
Chapter 10 Interim Forced Marriage Protection Orders
Chapter 11 With notice Forced Marriage Protection Orders
Chapter 12 Disclosure into related proceedings and evidential difficulties in cases of forced marriage
Chapter 13 Appeals
Chapter 14 Decrees of nullity
Chapter 15 Declarations of non-recognition
Part 3: Criminal law and procedure
Chapter 16 Forced marriage offences
Chapter 17 Human trafficking and modern slavery offences
Chapter 18 Interplay with related proceedings
Chapter 19 Role of law enforcement organisations
Chapter 20 Other offences arising in forced marriage situations 227
Part 4: Court of Protection law and procedure
Chapter 21 Overview of the Mental Capacity Act 2005
Chapter 22 Circumstances in which Court of Protection proceedings may be necessary
Chapter 23 Interplay with related proceedings
Part 5: Best practice
Chapter 24 International cooperation
Chapter 25 Role of organisations
Chapter 26 Possible civil liability arising from failures to protect
