Commentary on Sections Section 63E Undertakings instead of orders
37.This section provides that, as an alternative to a forced marriage protection order, the court may accept an undertaking from the respondent. An undertaking is a promise given to the court. Subsection (1) provides that the court may accept an undertaking from a respondent if it has the power to make a forced marriage protection order.
38.Subsection (2) provides that a power of arrest cannot be attached to an undertaking and subsection (3) provides that the court cannot accept an undertaking instead of making an order if it would have attached a power of arrest to the order. This provision makes clear that if the court considers the threat sufficiently serious to warrant the attachment of a power of arrest, then this is not a case where an undertaking would be appropriate.
39.Subsection (4) provides that the court has the same enforcement powers to deal with a breach of an undertaking, as it has to deal with a breach of an order.