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COPFS

Forced Marriage etc (Protection and Jurisdiction)(Scotland) Act (27/05/2016) (R013006)

Forced Marriage etc (Protection and Jurisdiction)(Scotland) Act (R013006)

Thank you for your request dated 2 May 2016 under the Freedom of Information (Scotland) Act 2002 (FOISA) for the undernoted information:


“The number of people prosecuted in Scotland under The Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act since it came into force on November 28, 2011.

The number of Forced Marriage Protection Orders issued in Scotland over the last five years (please indicate which year the order was issued).

The number of people in Scotland convicted of the criminal offence of forcing someone into a marriage since legislation came into force. (i.e. breach of Forced Marriage Protection Order).

The number of people in Scotland reported to the Procurator Fiscal for an alleged breach of a Forced Marriage Protection Order since legislation came into force.”

In respect of parts 1 and 3 of your request, I can confirm that no persons have been prosecuted in Scotland under The Forced Marriage etc (Protection and Jurisdiction)(Scotland) Act 2011, since it came into force.  Accordingly there have been no persons convicted of the criminal offence of forcing someone into a marriage since legislation came into force.

In respect of part 2 of your request, the issuing of any Forced Marriage Protection Orders is a matter which would be dealt with by the Civil Courts.  Accordingly in terms of Section 17 of FOISA, this information is not held by COPFS.  It may be that the Scottish Courts and Tribunals Service would be able to assist you with this part of your request and I attach a link to the FOI page of their website for your assistance:

http://www.scotcourts.gov.uk/about-the-scottish-court-service/contact-us/freedom-of-information

In respect of part 4 of your request, I consider that this information is exempt from release under Section 38(1)(b) of FOISA. This is because the numbers are small enough that their release could lead to identification of the persons involved.  This information would be personal data of a third party and disclosing it would contravene the data protection principles in Schedule 1 of the Data Protection Act 1998.  This is an absolute exemption and I am not required to apply the public interest test.