Human Trafficking, FGM, Forced Marriage… these things don’t happen in our country. This is the belief held by many people in Scotland; that such crimes happen in other parts of the world but not on our own front door. Unfortunately, statistics show that this is not the case. In Scotland last year there were 99 referrals of human trafficking victims, 66% of whom were female. In 2011, one victim of human trafficking was identified in Scotland every four days.
Just last year, three Slovakian nationalists were jailed at Dundee Sheriff Court for trafficking two people from their own country to Scotland. The group had attempted to use their female victim as the bride in a forced marriage, in an attempt to secure UK status for another foreign national.
Sadly this is only one example of human trafficking and forced marriage that takes place throughout Scotland. Between January and December 2012, the Forced Marriage Unit (a joint Foreign and Commonwealth Office and Home Office unit) gave advice or support in relation to a possible forced marriage in 1,485 cases. Within the UK, 1% of the regional distribution was in Scotland. While that percentage may not seem high when compared to other areas, it is 1% too many.
Public education on the issue of forced marriage is incredibly important. Many people are unaware that there are protections against forced marriage. The Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act came into force on 28th November 2011. It gives Scottish courts the power to grant ‘Forced Marriage Protection Orders’ (FMPO) to help prevent people being forced into marriage.
Applications for FMPO can be made by individuals themselves or by a “relevant third party”, for example a concerned neighbour, a friend or a Local Authority. Urgent orders can be made in situations where someone is in imminent danger or risk of being taken abroad.
A FMPO can be very broad and can require a person to take the protected person to a place of safety; bring the protected person to a court at a certain time and place; refrain from violent, threatening or intimidating conduct; appear in court; disclose the whereabouts of a relevant person; refrain from taking the protected person from or to a specified place; enable the protected person (or another person) to return to or go to the UK within a specified period; submit documents (for example passports, birth certificates or other such documents) as required and provide the court with other information as it requires.
Once a Forced Marriage Protection Order has been granted, it is a criminal offence to breach it. A breach of the Order could result in a fine and/or a prison sentence.
Forced Marriages in Scotland can be annulled and it is important that anyone who finds themselves in that situation, or believes that it may be likely to happen, takes advice immediately. Forced marriage and human trafficking in Scotland are crimes and it is imperative that we raise awareness of these important issues. If anyone wishes to discuss Forced Marriage Protection Orders in more detail a member of our family law team would be happy to assist.
