Forced Marriage Quiz Questions

  • Created by: kayleigh
  • Created on: 02-05-18 10:16
What is the definition of a forced marriage?
A marriage conducted without the valid consent of both people, where pressure or abuse is used
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Do any major faith condone forced marriage?
No
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What is an arranged marriage?
Where both parties fully and freely consent to the marriage, although their families take a leading role in the choice of partner
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What kinds of pressure can be used in a forced marriage?
Physical (threats or physical violence); Emotional and Psychological (if you're made to feel like you're bringing shame on the family)
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What did Judge Munby say in NS v MI
arranged marriage is respected and supported, but forced marriages are utterly unacceptable
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What did Judge Munby say in Hirani v Hirani?
Forced marriage is intolerable; It is a form of DV
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What do the forced marriage unit do?
They're dedicated to preventing British nationals being forced into marriage overseas. They conduct outreach events too
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How many cases did the FMU offer advice to in 2016?
1428
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What % of FMU cases were women?
80%
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What legal protection can be offered against forced marriage?
Annulment;Inherent jurisdiction of the High Court; Wardship; Tort Law
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When can you use annulment in forced marriages?
Where either party did not validly consent to the marriage in consequence of duress
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What statute governs Annulment?
Matrimonial Causes Act 1973
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What cases supports annulment in forced marriages?
A Local Authority v X and Anor (Children)
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What happened in A Local Authority v X and Anor (Children)?
The court refused to grant the declaration of non-recognition as X had grounds for issuing a petition for nullity based on her domicile being England and Wales and the marriage being void pursuant to s 2 of the Marriage Act 1949.
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What is the inherent jurisdiction of the High Court?
This is an ancient jurisdiction deriving from the right and duty of the crown to act in Parens Patriae
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What case governs the inherent jurisdiction of the High Court?
Re SA (Vulnerable Adult with Capacity: Marriage)
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What happened in Re SA (Vulnerable Adult with Capacity: Marriage)?
The inherent jurisdiction can be exercised in relation to vulnerable adults who, even if not incapacitated by mental disorder or mental illness was, or was reasonably believed to be: under constraint; subject to coercion; or are deprived of capacity
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Is the courts inherent jurisdiction flexible?
Yes as seen in B v I (Forced Marriages)
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What is protection in wardship?
It can be invoked for victims under 18; The court will freeze the 'situation' and the courts stands in loco parentis; the court retains PR so consent must be given for major decisions
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How can tort law protect victims of forced marriage?
Trespass; False Imprisonment under the Protection from Harassment Act 1997
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What statute helps to govern Forced Marriage?
Forced Marriage (Civil Protection) Act 2007
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What does Part 4A of the Family Law Act 1996 enable the court to do?
Make a Forced Marriage Protection Order (FMPO)
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What is the definition of force?
It will include coercion by threats or other psychological means and may be directed against someone other than the victim
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What statute governs the definition of force?
s63A(3) FLA 1996 (inserted by s1 Forced Marriage (Civil Protection) Act 2007)
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Where do applications for FMPO's get made?
Family Court and the High Court of Justice (Family Division)
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How many FMPO applications were made April - June 2017?
73 (there were 78 applications)
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Give examples of the terms the court can make on FMPOs
Prevent a forced marriage happening; foribidding someone to live in the same household as the victim; handing over the victims passport; stop intimidation or violence; stop someone being taken abroad
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What happened in Re P (Forced Marriage)?
Woman refused to consummate her marriage and found out her 'husband' wanted to enter the UK as her spouse. She said she did NOT support the application. She could not seek nullity as it was 3 years after the marriage.
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What did Baron J hold in Re P (Forced Marriage)?
Non-recognition was granted; burden was on P to show the court she was forced into marriage; P had NOT given valid consent; she had been subject to unacceptable pressure; there was no consent at all
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What does Part 10 (s120) state?
It is a criminal offence of breaching a FMPO
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What is the penalty of breaching an FMPO?
5 years imprisonment or a fine OR BOTH
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What is the penalty of breaching an FMPO if it is a summary offence?
6 months imprisonment or a fine or both
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What other offences have been connected to forced marriage?
murder; kidnapping; false imprisonment; assault; harassment; child cruelty; various sex offences
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What Consultation Paper was published in September 2005?
Forced Marriage: A Wrong Not a Right
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Why do the courts proceed with caution on forced marriage cases?
They're concenred about defining the perpetrator as a criminal due to backlash of what people say about criminals; there may also be a negative impact on the victims; it may tear families apart
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What did David Cameron say in October 2011 about Forced Marriage?
It is little more than slavery
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What are the arguments for criminalisation of forced marriage perpetrators?
It can be a deterrent effect; could lead to people challenging their parents/family if they're doing something wrong; easier for the police to protect people; provides punishment
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What are the arguments against criminalisation of forced marriage perpetrators?
Victims may stop asking for help/applying for civil remedies if they fear their families will be prosecuted; may be consequences due to failed prosecutions; parents may take their child abroad to avoid prosecution; victims may not reconcile
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How many responses were there to the Consultation Paper on Forced Marriage Criminalisation?
297
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What were the resulted to the Consultation Paper on Forced Marriage Criminalisation?
54% were in favour; 37% were against; 9% were undecided; 80% felt the current civil remedies and criminal sanctions are not being used effectively
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What were the common themes from the responses to the Consultation Paper?
recognition of an urgent need to tackle forced marriage; need for more effective training for professionals; need for clarification of the differences between forced and arranged marriage; need for more funding; need for awareness campaign
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When was the first conviction for Forced Marriage
2005 and the perpetrator received 16 years in prison!
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Other cards in this set

Card 2

Front

Do any major faith condone forced marriage?

Back

No

Card 3

Front

What is an arranged marriage?

Back

Preview of the front of card 3

Card 4

Front

What kinds of pressure can be used in a forced marriage?

Back

Preview of the front of card 4

Card 5

Front

What did Judge Munby say in NS v MI

Back

Preview of the front of card 5
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