Commentary on Sections Section 63B Contents of orders
23.Section 63B provides for the measures that can be included in the orders that the court may make under section 63A.
24.Subsection (1) provides that the court may make an order containing any measures that are considered appropriate in order to protect against conduct that may lead to a person being forced into marriage; or to protect a person who has been forced into a marriage. The orders may prohibit or restrict certain activity or they may require a person to do something, such as produce their passport. The court is given a wide discretion to include “such other terms” as may be appropriate.
25.Subsection (2) specifies in particular that the conduct being regulated or controlled may be within or outside England and Wales.
26.Subsection (2) also mentions persons to whom orders may be addressed. The terms of the order can be directed to respondents who force or attempt to force, or may force or attempt to force, a person into marriage and respondents who are involved in other respects in relation to a forced marriage. Orders may also be addressed to any other persons who are or may become involved in other respects as well as respondents.
27.Subsection (3) provides examples of being involved in other respects in relation to a forced marriage. This may include a person who aids, abets, counsels, procures, encourages, or assists the perpetrator and anyone who conspires to force or attempt to force a person into marriage.