Commentary on Sections Section 63I Arrest under attached powers
48.This section makes provision for arresting a person under attached powers of arrest. Subsections (1) and (2) provide that where an order has an attached power of arrest a police constable may arrest without warrant someone whom the constable has reasonable cause to suspect is in breach of the order or is otherwise in contempt of court. This provision is modelled on section 47(6) and (7) of the FLA, but goes further than the provisions in that section.
49.As a power of arrest may be attached to an order directed to any person who is, or might be, involved in other respects in a forced marriage, then the power of arrest may be used to arrest any person who breaches such an order even though they are not a party to the original proceedings.
50.The power of arrest may also be used to arrest any third party who frustrates the terms of the order and is otherwise in contempt of court, not only the respondent to the original proceedings. For example, if an order were made to prevent a father and mother from forcing, or attempting to force, their child into a marriage and it became known that another family member was in the process of doing this, then the power of arrest could be used against that other person to bring the person before the family court to consider contempt proceedings.
51.Subsections (3) and (4) provide that a person arrested under this section must be brought before the judge within 24 hours. Sundays, Christmas Day and Good Friday are excluded when calculating the 24-hour rule.