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Section 122 and section 120 - Anti-Social Behaviour, Crime and Policing Act 2014 (R011421)

Freedom of Information: Section 122 and section 120 - Anti-Social Behaviour, Crime and Policing Act 2014 (R011421)

Thank you for your e-mail dated 5 October 2015 in which you seek the following information under the Freedom of Information (Scotland) Act 2002 (FOISA):

“How many people have been prosecuted for an offence under Section 122 of the Anti-Social Behaviour, Crime and Policing Act 2014 between September 30 2014 and September 29 2015?

During the same period, how many people were prosecuted for an offence under section 120 of the same act – for breaching a Forced Marriage Protection Order?”

Section 122 of the Anti-Social Behaviour, Crime and Policing Act 2014 (the 2014 Act) created two offences – an offence of Forced Marriage (section 122(1) and an offence of causing someone to leave the United Kingdom by deception so they may be subjected to a forced marriage (section 122(3)).

I can advise that the Crown Office and Procurator Fiscal Service (COPFS) have received no reports from the police alleging contraventions of either Section 122(1) or Section 122(3) of the 2014 Act during the period you have specified. Therefore there have been no prosecutions for these offences during that period.

Section 120 of the 2014 Act amended the Family Law Act 1996 and created an offence of breaching a forced marriage protection order. This however does not apply in Scotland.

A similar offence was created by Section 9 of the Forced Marriages etc. (Protection and Jurisdiction) (Scotland) Act 2011. Similarly however COPFS have received no reports from the police alleging a contravention of this section during the period you have specified. Therefore there have been no prosecutions for this offence during that period.