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'Honour'-Based abuse, Forced Marriage, and harmful practices

Updated: 2 Mar 2023; minor revision 5 Jan 2024; Revised 26 Feb 2026
Prosecution Guidance Violence Against Women and Girls (VAWG) and Child Abuse Vulnerable Persons and Safeguarding

​​Introduction

The purpose of this guidance is to assist prosecutors in reviewing and preparing cases that involve ‘honour’-based abuse, forced marriage and harmful practices. This guidance provides information in relation to overarching categories of abuse/practices that incorporate different types of crime. There is currently no statutory definition of ‘honour’-based abuse and there is not one specific offence that deals with these. However, the following definition has been adopted by the CPS:

“An incident or crime involving violence, threats of violence, intimidation, coercion or abuse (psychological, physical, sexual, financial or emotional abuse), which has or may have been committed to protect or defend the ‘honour’ of an individual, family and/or community for alleged or perceived breaches of the family and/or community’s code of behaviour.“

These types of crime are often perpetrated by the victim’s families, extended family and members of their community with the aim of protecting or defending the ‘honour’ of the family or community.

This guidance also recognises the link between HBA and harmful practices. There is not a shared definition for a harmful practice, it is a broad term used to recognise range of practices and behaviours that often involve violence and cause, or have the risk of causing, physical and/or psychological harm or suffering. Prosecutors should consider the full context in which the behaviour occurs, including whether the conduct forms part of a wider pattern of abuse.

When considering offences which fall within this definition prosecutors must follow the Code for Crown Prosecutors and other relevant prosecution guidance linked with the specific offence being considered, such as, (but not exhaustive): offences against the person, coercive or controlling behaviour or rape and serious sexual offences. The offending should also be considered within the context of the CPS VAWG strategy which applies equally to all suspects and victims of crime, irrespective of sex or gender identity.

It may also be useful to refer to the College of Policing’s Forced marriage and honour based abuse authorised professional practice.

The Government's commitment to ending violence against women and girls in all its form is embedded in the Freedom from violence and abuse: a cross-government strategy. The strategy is underpinned by effective partnership working at both a local and national level. The UK Government has signed and ratified the United Nations call to all states to prevent and respond to violence against women: The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

Flagging

Prosecutors must identify and flag all cases of ‘honour’-based abuse, forced marriage and harmful practices. The flag titled, "'honour'-based violence" should be applied at registration of any offence which could fall within the definition of ‘honour’-based abuse above, harmful practices and forced marriage cases, including any breaches of relevant offences. There is a separate ‘forced marriage’ flag that should also be applied in cases involving: specific forced marriage offences, breach of a Forced Marriage Protection Order and any criminal offence committed in forcing or having forced someone to marry. It should remain even if there is a subsequent change of offence, unless the flag has been applied in error. This should be applied alongside other relevant flags, such as, domestic abuse. Where there are cases of child marriage, prosecutors should also use the flag for forced marriage and child abuse.

Offences available to prosecutors

There is no specific offence of ‘honour’-based abuse, therefore, prosecutors should consider a range of offences in the context of ‘honour’-based abuse. Each case should be considered on a case-by-case basis, and prosecutors should ensure they consider the wider context of incidents reported by victims.

Prosecutors are reminded to consider offending covered in the following prosecution guidance, where appropriate:

Some other examples which may fall within ‘honour’-based abuse are detailed below, (this is not an exhaustive list of offences). Prosecutors are reminded to consider the full context in which the behaviour occurs and ensure that all relevant offending is identified.

One specific criminal offence within this area is female genital mutilation (FGM) which has separate Female Genital Mutilation prosecution guidance to assist prosecutors. Where FGM occurs alongside other forms of ‘honour’-based abuse prosecutors are reminded that all offending must be considered, and the case must be referred to the correct unit within the CPS for a charging decision to be made. All cases of FM and FGM must be referred to the Complex Casework Units within Areas. Prosecutors should refer to the Referrals, approvals and notifications prosecution guidance for more information.

Forced marriage

There is a specific offence which can be found within section 121 of the Anti-Social Behaviour Crime and Policing Act 2014 (AASBCPA 2014 Act). The maximum penalty for this offence is 7 years' imprisonment.

There are four types of forced marriage conduct within this legislation:

  1. The use of violence, threats, or any other form or coercion for the purpose of causing a person to enter into a marriage without full and free consent (section 121(1) ASBCPA 2014).
  2. Practising deception in order that a victim leaves the UK for such a marriage i.e. one entered into without full and free consent, because of violence, threats or any other form of coercion (section 121(3) ASBCPA 2014).
  3. Any conduct carried out with the purpose of causing a person who lacks capacity, within the meaning of the Mental Capacity Act 2005, to enter into a marriage (section 121(2) ASBCPA 2014).
  4. Any conduct carried out with the purpose of causing a person under the age of 18 to enter into a marriage, from 27 February 2023 (section121(3a) ASBCPA 2014).

The marriage does not have to take place, the offence is committed where the conduct is intended to being about a forced marriage.

Marriage means a religious or civil ceremony marriage, whether or not legally binding, (section 121(4) ASBCPA 2014).

Coercion should be given its ordinary meaning, which is an external force which pushes its victim, even if they resist, into acting in a way other than that wished for. It includes emotional force, physical force or the threat of physical force and financial pressure.

Forced Marriage is a crime primarily affecting women and girls; but is increasingly committed against men and boys. The offending should be considered within the context of the CPS VAWG strategy, which applies to all suspects and victims of crime, irrespective of sex or gender identity.

In relation to a child, the prosecution must prove that the child was under 18 years of age, that the suspect knew this and that the suspect engaged in conduct, which was conduct for the purpose of the child entering into a marriage. Section 121(7A) ASBCPA 2014 states that the child must be a United Kingdom national who has been habitually resident in England and Wales and not habitually resident or domiciled in Scotland or Northern Ireland.

In cases of forced marriage, it may be important to understand the motive why parents or others may force children to marry, to understand the context or circumstances leading to the offence, but such factors do not amount to a defence.

Virginity testing

This is a specific offence which can be found at section 136 Health and Care Act 2022 (HCA 2022). Virginity testing is defined in section 136(2) HCA 2022 as the examination of female genitalia, with or without consent, for the purpose (or purported purpose) of determining virginity. The maximum penalty for this offence is 5 years imprisonment.

Virginity testing, is also referred to as hymen, ‘2-finger’ or vaginal examination, is an inspection of the female genitalia, intended to determine whether a woman or girl has had vaginal sexual intercourse.

Virginity tests have no scientific merit or clinical indication as there is no known examination that can prove whether a woman has had vaginal intercourse.

It is also an offence to offer to carry out virginity testing, section 137 HCA 2022 and to aid or abet a person carrying out virginity testing section 138 HCA 2022.

Please see a link to the government guidance on virginity testing and hymenoplasty for more context Virginity testing and hymenoplasty: multi-agency guidance - GOV.UK.

Hymenoplasty

This is a specific offence which can be found at section 148 HCA 2022. Hymenoplasty is defined in section 148(2) HCA 2022 as the reconstruction of the hymen, with or without consent. The maximum penalty for this offence is 5 years' imprisonment.

There are a number of different techniques to achieve hymenoplasty, but it generally involves stitching hymenal remnants together at the vaginal opening or surgically reconstructing a hymen using vaginal tissue. The aim of the procedure is to ensure that a woman bleeds the next time she has intercourse to give the impression that she has no history of vaginal intercourse. There is no guarantee that this will fully reform the hymen or cause bleeding when penetration is attempted.

Hymenoplasty is not the same as other procedures that could be performed on the hymen for clinical reasons (for example, surgery to treat an imperforate hymen to allow menstrual blood to escape).

It is also an offence to offer to carry out hymenoplasty, section 149 HCA 2022 and to aid or abet a person carrying out hymenoplasty section 150 HCA 2022.

Immigration abuse

Abuse linked to immigration status, is a form of domestic abuse and harmful practice. It occurs when someone controls, manipulates, and/or uses another person’s immigration status or perceived lack of status to abuse and entrap them.

Common forms of immigration abuse include or may feature:

  • control over another person’s immigration status at the point of entry or renewal to determine their access to rights or remedies
  • threats of deportation or removal
  • threats to make them homeless or destitute
  • withholding documents
  • financial control
  • psychological abuse
  • threats towards children
  • threats to report them to the police or Home Office
  • denial of access to support services
  • marrying women from another country, using/controlling them before ending matters with them so they can marry again
  • transnational marriage abandonment where the sponsor’s partner or their family member, abandons or strands the partner abroad, usually without financial resources and to prevent them from returning to the UK

There is no specific offence for this type of abuse. Prosecutors must consider the facts of each on a case-by-case basis to determine if there are relevant criminal offences.

Prosecutors should refer to other relevant prosecution guidance such as Domestic Abuse and Controlling or Coercive Behaviour.

For further information regarding immigration issues that some victims may experience see Annex B.

Dowry abuse

Dowry is a tradition practiced globally. It is understood and practiced differently across cultures but often rooted in inequality, where a bride’s family provides payments to her husband’s family and serves as financial security for women in many cultures. If the husband and/or his family perceive the dowry to be insufficient or denies access and control over dowry, the bride and/or their family could be subjected to abuse. There is no specific criminal offence of dowry abuse in the UK; it is a harmful practice, and it can take different forms throughout the marriage including physical violence, emotional or psychological abuse, sexual abuse, harassment, coercive control, domestic servitude, neglect or homicide, though this list is non-exhaustive.

Common forms of dowry abuse include or may feature:

financial demands and extortion

control over finances and/or property, including bridal jewellery, gifts and clothes

isolation

threats and coercion

domestic servitude

Prosecutors must consider the facts of each on a case-by-case basis to determine if there are relevant criminal offences. Prosecutors should refer to other relevant prosecution guidance such as: Domestic Abuse and Controlling or Coercive Behaviour.

Breast flattening

Breast flattening is the painful and harmful practice of bringing a girl's breasts into contact with hard or heated objects (which may vary in nature but may include stones, belts, pestles and heated implements) to suppress or reverse the growth of breasts by destroying the tissue. This is often performed at first signs of puberty, usually by female family members professing to make a teenage girl look less womanly to avoid sexual interest, prevent pregnancy and rape or sexual harassment or violence, deter from sexual relationships outside marriage and perceived dishonouring the family/community or social group.

Due to the type of instruments, force and lack of aftercare there area significant physical and/or psychological consequences and risks related to this practice.

The offence may be a form of child abuse or an offence against the person. Offences such as child cruelty (contrary to section 1(1) Children and Young Persons Act 1933) causing or allowing a child to suffer serious harm (contrary to section 5 Domestic Violence, Crime and Victims Act 2004) and assaults (contrary to the Offences against the Person Act 1861) may apply. Prosecutors should refer to both the Child Abuse (non-sexual) and Offences against the Person, incorporating the Charging Standard prosecution guidance.

In cases of breast flattening/assault prosecutors should challenge the defence of consent as a possible defence. R v Brown [1994] 1 AC 212 states it is not possible to consent to an assault where the injury caused is more than transient or trifling. A victim may have consented because of a shared belief that they need to undergo the practice or that victim agreed to what the family proposed, but it should be considered if this ‘true’ consent within the context of the particular circumstances of the case.

Spiritual abuse

Abuse linked to faith, belief or ritual refers to harm often inflicted on a child due to witchcraft, spirit or demonic possession, ritual or satanic abuse or practices connected to faith or belief that are harmful. The abuse can impact almost everyone including adults and vulnerable adults. This form of abuse can take different forms including financial abuse, physical violence, emotional abuse, sexual abuse, neglect or homicide. It is often driven by a deep rooted cultural or religious belief or misinformation of fear.

Common forms of abuse linked to faith, belief or ritual include or may feature:

witchcraft which is accusations of being a ‘witch’ or being possessed by ‘evil spirits’ that may lead to exorcisms isolation, beatings or killings.

deliverance or exorcisms and all rituals connected to spiritual beliefs, which are performed to “drive out” demons that can include beatings, fasting, burning or forced ingestion of harmful substances. Victims may also be deprived of food, water, sleep or subjected to other forms of physical and psychological violence.

scapegoating which is being blamed as the cause of misfortune such as financial difficulties, divorce, infidelity, illness or death including miscarriage.

physical difference/disability which is when a child or adult could be singled out for having a physical difference or disability e.g. learning disabilities, mental health issues, epilepsy, autism, stammers and deafness.

There is no specific offence for this type of abuse. Prosecutors must consider the facts of each on a case-by-case basis to determine if there are relevant criminal offences. Prosecutors should refer to other relevant prosecution guidance such as the Child Abuse (non-sexual) and Offences against the Person, incorporating the Charging Standard.

Case building

Evidence building

Prosecutors should ensure that efforts are aimed at building a robust prosecution case. A Joint National Police Chiefs’ Council (NPCC) and CPS HBA and FM investigation and prosecution protocol was developed to enable police and prosecutors to quickly understand the action they must take when a crime is reported to the police and referred to the CPS for a charging decision. Prosecutors should note that the risks to the victim and others who have assisted the victim may increase after they have engaged with the police, ensuring the safety of the victim/witnesses is at the heart of the process. Prosecutors may also wish to refer to the NPCC Honour Based Abuse Strategy 2015 – 2018.

Prosecutors should consult specialist leads in HBA and FM within Areas when handling cases of this type.

Several challenges may arise with regarding victim confidence, witness corroboration and the familial setting of most such allegations, as well as jurisdiction, as some cases may have an international dimension. A false crime may be alleged by members of the family to expend police resources in locating the victim. This could result in the victim being delivered and returned to the environment from which they had escaped. The investigation will need to maintain a balance between seeking to secure the support of the wider community whilst at the same time securing the safety of the victim. The victim's safety is paramount, and their views should be sought on this engagement.

Prosecutors must always apply a suspect-centric approach and be alert to the fact that a suspect may follow a course of conduct to control, coerce, dominate or exploit a victim. The prosecution strategy should, from the outset, consider the possibility of proceeding without the victim's support and this should be clearly recorded within the prosecutor's review. Prosecutors should always consider whether there is any risk to the safety of the victim in the case proceeding without their support; a victim should not be placed at increased risk through this course of action. Where there is evidence led prosecution, victims must still be kept informed of progress. For more detail on evidence led prosecutions, see the Domestic Abuse prosecution guidance.

Prosecutors should also consider as part of their strategy from the outset any protective orders available for victims.

For some charges prosecutors should consider seeking expert evidence in the case. As in any case, prosecutors should ensure that expert evidence is admissible and assists the jury in determining the issues in the case, having regard to:

  • the real issues in the case and whether an expert will assist the jury with matters outside their knowledge or will only make an issue which is readily explained in lay terms more complicated;
  • the weight attached to the evidence: for instance, has the expert addressed other possible explanations? Has the expert identified whether there is a difference of opinion on the issue at hand?
  • whether, if appropriate, there are other experts outside the UK who are suitable for instruction?
  • the duty of the expert to the court and not to the party who has instructed the expert.

Below are some examples:

  • For forced marriage cases where persons cannot consent to marriage, expert evidence should be obtained to deal with the victim’s capacity at the material time, namely, the time at which the suspect took steps to cause the victim to enter into marriage. This should consider whether the victim was unable to make their own decision because of an impairment of, or a disturbance in the function of their mind or brain. They should also address if they are competent to give evidence in criminal proceedings.
  • In all 'honour'-based abuse cases the prosecution may be supported by an expert with understanding of ‘honour’-based abuse within specific communities, evidence of ritual or religion and motivation by social, cultural or religious beliefs.
  • Medical evidence should be sought in breast flattening or assault cases to establish the level of injury and if possible, to cover any psychological impact.

In respect of experts, prosecutors should have regard to the Criminal Procedure Rules, the Practice Direction and the CPS guidance to experts.

Prosecutors should consider presenting the medical evidence in graphic form suitable for a jury from the earliest point, including pre-charge. The explanation of injuries to a jury, agreed with an expert, should be an evidential priority as should the evidence relevant to the culpability of the suspect(s), such as graphic representations of the crime scene and/or the evidence of the location of the suspects at the material time.

Public interest

It is highly likely that cases of ‘honour’-based abuse or harmful practices will be in the public interest to prosecute. However, each case should be considered on its own facts. The views of the victim should always be considered. A prosecution will usually take place unless the prosecutor is satisfied that there are public interest factors tending against prosecution which outweigh those tending in favour.

The motivation for offending may be considered at the public interest stage of the Code but is not an element of the offending. Some offending may be motivated by financial gain, which is clearly in the public interest to prosecute.

In relation to forced marriages, offending might occur, for instance, in the context of a person who has some, but not full, mental capacity and whose family wish to ensure marriage to a long-term partner and/or so that care is provided by the person who is married to them. Great care and sensitivity should be exercised where the evidence suggests a family acting consistently with the victims wishes prior to the loss of mental capacity and without malicious motive.

International Considerations

Often there will be an international element to the crime being considered, prosecutors should discuss the case with the Area/Directorate’s International Casework Lead (ICL) or with CPS International.

Where an offence has been carried out overseas and legislation provides extra-territorial provisions for the offences being considered, prosecutors should request the police to investigate, police to police enquiries are made  and obtain evidence from that country such as:

  • Evidence from travel or flight records, or the Home Office Border Force.
  • Evidence  from the ways in which criminality needs to be facilitated, not just from the internet but those who can confirm what arrangements had been made abroad.

Where potential international evidence is identified, prosecutorial powers to obtain should be used (Letter of Request). Prosecutors can seek assistance from CPS International.

Sometimes a person may be taken overseas on the pretext of a family holiday, the wedding of a relative or the illness of a grandparent. On arrival, their documents and passports may be taken away from them. Some even report their parents drugging them. In these cases, it may be a concerned friend, relative, partner or agency that reports them missing. These cases may initially be reported to the joint Home Office - Foreign and Commonwealth Office Forced Marriage Unit, social care, police, education or a voluntary group. As with all cases of forced marriage, confidentiality and discretion are vitally important. It is not advisable immediately to contact an overseas police service or organisation to make enquiries. Risks may arise if police or organisations overseas are contacted directly. If, through police actions, the family becomes aware that enquiries are being made, they may move the victim to another location or expedite the forced marriage.

Interpreters

The difficulties and trauma associated with ‘honour’-based abuse can be exacerbated by language difficulties.

When selecting interpreters, care must be taken to ensure that they understand the culture, speak the same language/dialect and where possible are sensitised to issues of gender-based violence in marginalised communities.

Experience has highlighted some concerns about interpreters and translators who are not on the approved list and who may be part of the family or linked to the group suspected of carrying out the crime. The selection of the right interpreter is essential given the risk of the details of the victims account being inappropriately disclosed to the suspects and/or other community members or for the victim to be threatened or intimidated by the interpreter. Police and prosecutors should consult CPS guidance on the use of interpreters. Police and prosecutors should also consider more widely how to ensure the victim is able to communicate, for instance their literacy and other ways in which their communication might be aided such as signing languages. The investigator should ensure that the victim is content with the interpreter selected.

Selection of charges

Prosecutors must consider all the circumstances and facts of the case to arrive a decision on the appropriate charge or charges. Paragraph 6 of the Code for Crown Prosecutors provides guidance on the selection of charges. Prosecutors should consider charging all applicable offences. For example:

  • someone charged with forced marriage may also be charged with fraud or threats to kill. Prosecutors should consider if it is a violation of the individual and family for a person to become legally committed as a spouse to a person without true consent, and this should be reflected in sentence alongside other culpable conduct, such as intention to obtain financial gain or offences committed during violence, threats or other coercion.
  • someone charged with forced marriage may also have been the victim of other offences, for example, rape, other sexual offences, assault, or other forms of domestic abuse. It is also possible that they may have been subjected to controlling and coercive behaviour from, for example, their spouse and/or other family members.

Victim/witness support and retractions/withdrawals

Victims in these types of cases may involve some of the most vulnerable victims and witnesses who may not have confidence in the criminal justice process. Victims often feel a loyalty to their family/community, and this might make them particularly reluctant to support a prosecution. They may also need support mechanisms not just during the prosecution process, but also after the case is concluded. In some cases, they will continue to be under threat for a significant period. Victims of ‘honour’-based abuse, forced marriage, and harmful practices are entitled to an enhanced service under The Code of Practice for Victims of Crime (Victim's Code).

Victims, who are not themselves settled in the UK, but are here on a temporary route for example, a student or worker, may be particularly vulnerable as their rights to settlement or public funds, such as social security benefits and public housing, may be limited.

They may be reluctant to come forward to seek help as they may fear removal / deportation and/or destitution. Some may stay in, or return to, abusive relationships, as they fear removal to their country of origin and the risk of further abuse, harassment, and acts of violence. In some cultures, separated or divorced women are ostracised and harassed for bringing shame and dishonour on their families and communities. For further information regarding immigration issues that some victims may experience see Annex B.

A victim may ask the police not to proceed any further with a prosecution case and say they no longer wish to give evidence. Prosecutors should consider the following:

  • is there any reason to believe that the victim might have been threatened, pressurised, or intimidated which has caused them to fear giving evidence and has led to them retracting their evidence or withdrawing from the proceedings?
  • has a risk assessment been conducted by the police or other agency and has this been made available?
  • has a support representative been working with the victim? What risks were identified? What were the support organisations' views?

If the victim resolutely refuses to support the prosecution, the following should be considered:

  • continuing the case without the victim, particularly if there is sufficient evidence capable of proving the suspect's act or omission. Prosecutors should consider carefully whether they are capable of proving the case without evidence from the victim, refer to the evidence led prosecutions guidance in the Domestic Abuse prosecution guidance;
  • using the hearsay provisions to adduce the victim's evidence. In particular, consideration should be given to whether the res gestae exception has been made out or if there is clear evidence of fear pursuant to section 116(2)(e) Criminal Justice Act 2003;
  • obtaining a risk assessment from the police which should be informed, if possible, by input from those caring for or supporting the victim, and (if stopping the case is not inevitable or the most appropriate way to conclude the case) compelling them to attend by use of a witness summons and, only where appropriate (which must also be addressed by the risk assessment), a warrant.

The decision to compel a victim to give evidence, should be based on the facts of the case and the needs and requirements of the victim.

Where a witness summons is being considered for a victim prosecutors should refer to the Domestic Abuse prosecution guidance for further information.

For further information see the Witnesses prosecution guidance.

Where applicable special measures should be considered for victims/witnesses, having regard for the views of the victim and relevant material provided by the police. If appropriate, a special measures meeting with the victim should take place and any requirement for an intermediary should be considered and arrangements put in place as soon as possible. Prosecutors should refer to the Special Measures guidance.

To give a vulnerable or intimidated victim confidence in giving evidence, court procedure and the manner of cross-examination may need to be modified in accordance with Advocacy and the Vulnerable training devised by the Inns of Court College of Advocacy (ICCA). The needs of the victim should be considered by the judge at a Ground Rules Hearing (GRH) which must be held in every case involving a vulnerable and/or intimidated victim. Consideration should be given as to whether the victim should be required to give evidence at all, or otherwise to what extent.

Prosecutors should also be familiar with the provision, and guidance, for the competence of child witnesses in section 53 Youth Justice and Criminal Evidence Act 1999 and R v B [2010] EWCA Crim 4.

Aside from assistance when giving evidence, prosecutors should also ensure victims are generally assisted appropriately according to their specific needs (age, maturity, disability, ethnic minority group, background etc). It should be noted that victims will often have to leave their family or community when reporting crimes of this type. This should include providing assistance that can be offered by specialist support organisations. Where available the support of a specialist IDVA should be provided to a victim.

Where the defendants are on bail, prosecutors should consider whether bail conditions are necessary to prevent interference with the victim. Any breaches of bail should be dealt with robustly.

Information and support for victims can be found at Annex A.

Anonymity

Victims of forced marriage offences are entitled to lifelong anonymity under section 173 Policing and Crime Act 2017.

One of the reasons why victims of forced marriage may be reluctant to come forward and report the crime is because of the risk of being identified as a victim of such a personal and sensitive crime. Giving victims the protection that lifelong anonymity affords is intended to encourage more victims to come forward to report this crime.

Anonymity commences as soon as an allegation is made by the victim. This ensures that the victim is protected whatever the outcome of the investigation or prosecution.

The effect is to prohibit the publication of any matter that would be likely to lead members of the public to identify a person as the alleged victim of any offence of forced marriage. The prohibition lasts for the lifetime of the alleged victim. The prohibition covers not just immediate identifying information such as the name and address or a photograph of the alleged victim, but any other information which, whether on its own or pieced together with other information, would be likely to lead members of the public to identify the alleged victim. A restriction on the reporting of the defendants' identities may be appropriate where it is proposed that it is to be reported that they are the parents of the victim and other information, such as the location of the incident or people who have subsequently become responsible for the care of the victim, may also be subject to reporting restrictions. "Publication" is given a broad meaning and would include traditional print media, broadcasting, and social media such as Twitter or Facebook.

Breach of the restrictions

Where anything is included in a publication which contravenes the anonymity provisions in place for an alleged victim, each person responsible for the publication is guilty of an offence. A person found guilty of such an offence is liable on summary conviction in England and Wales to a fine. It will not be necessary for the prosecution to show that the defendant intended to identify the victim.

In relation to newspapers, other periodicals (whether in print form or online editions), radio and television programmes, the offence is directed at proprietors, editors, publishers, or broadcasters rather than individual journalists. Any prosecution for the offence requires the consent of the Attorney General.

Defences

There are two defences to this offence:

  • the first is where the defendant had no knowledge (and no reason to suspect) that the publication included the relevant content or that a relevant allegation had been made which would be likely to identify a victim;
  • the second is where the victim (where aged 16 or over) had freely given written consent to the publication.

These defences impose a reverse burden on the defendant. It is for the defendant to prove that the defence is made out on a balance of probabilities.

Sentencing and Ancillary Orders

The Government definition of Domestic Abuse incorporates ‘honour’-based abuse and so prosecutors should consider any standalone Sentencing Council guidelines for substantive offences charged and the Domestic Abuse Sentencing Council guidelines. Prosecutors should also note that there also civil applications that can be applied for by the police to protect victims and where appropriate police should be reminded of these, see Annex C.

Forced Marriage Protection Order (FMPO)

FMPOs are available under section 63A Family Law Act 1996 and are a civil remedy. They are aimed at providing protection to someone who is at risk of or has already been subjected to a forced marriage without giving their full and free consent. Prosecutors should consider at the early investigative advice stage whether an FMPO should be obtained in respect of the victim or other potential victims. They contain binding conditions, prohibitions or restrictions.

The application can be made by a victim or the person at risk of forced marriage, a relevant third party (a local authority) or any other person with the permission of the court. It can be made to protect a victim or a person at risk from a spouse or prospective spouse, family member or anyone involved. Involvement can include aiding, abetting, counselling, procuring, encouraging, or assisting another person to force or attempt to force a person to marry. FMPO’s can last for a specified period of time or for an indefinite period i.e., until varied or discharged. The order can relate to conduct either within or outside of England and Wales.

Breach of a FMPO is a criminal offence under section 63CA Family Law Act 1996. A person who, without reasonable excuse, does anything that is specifically prohibited by the terms of a FMPO, is guilty of an offence. Breach of a FMPO carries a maximum penalty of five years’ imprisonment.

Prosecutors should note that a breach of a FMPO can be referred to the CPS by the police if a victim reports it in the first instance. A breach of a FMPO should be treated in the same way as a prosecution of any other breach of an order, for example, the breach of a non-molestation order. An individual would, however, only be guilty of a criminal offence, if he or she was aware of the existence of the order at the time of the breach (section 63CA(2) Family Law Act 1996).

Victims who do not wish to pursue criminal proceedings for breach of a FMPO, have the option to progress the breach as a civil contempt of court matter. However, where a victim is reluctant to attend court and it is decided that to prove the case it can only continue with the complainant's evidence is necessary. If necessary, the application of a witness summons may be considered, but only as a last resort.

Restraining Orders

Prosecutors should refer to the Restraining Orders prosecution guidance when considering applying for a restraining order. Prosecutors should ensure sufficient information is obtained from the police and victim to ensure that this an appropriate and practical to be enforced in the circumstances of the case.

Annex A - Information and support for victims

British Embassies and High Commissions can only help British nationals or, in certain circumstances, EU or Commonwealth nationals. This means that if a non-British national leaves the UK to be forced into marriage overseas, the British Embassy or High Commission may not be able to assist them. If in doubt, ask the Forced Marriage Unit for advice.

Contact the Foreign, Commonwealth and Development Office or the Forced Marriage Unit if you require further details of any other British High Commissions.

Karma Nirvana

Telephone: 0800 5999 247
www.karmanirvava.org.uk
The Honour Network helpline provides emotional and practical support and advice for victims and survivors (male and female) of FM and/or HBV and abuse. It provides advice and support to potential victims, victims in crisis and professional agencies.

BAWSO Women's Aid (Wales)

Telephone: 0800 731 8147
[email protected]
www.bawso.org.uk
This is an all Wales, voluntary organisation. It provides a specialist service to Black and Minority Ethnic (BME) women and children made homeless through a threat of domestic abuse or fleeing domestic abuse in Wales. They have purpose-built refuges across Wales. They also provide emotional and practical support for BME women living in social housing. The service is accessible 24 hrs a day.

Men's Advice Line

Adviceline: 0808 801 0327 (open Monday to Friday 10am - 1pm and 2pm - 5pm)
www.mensadviceline.org.uk
This service provides a Freephone confidential helpline for all men experiencing domestic violence by a current or ex-partner. This includes all men - in heterosexual or same-sex relationships. The service gives men the chance to talk about what is happening to them and provides them with emotional support and practical advice. The advice line also has information about specialist services that can provide advice on legal, housing, child contact, mental health and other issues.

Southall Black Sisters (SBS)

Helpline: 020 8571 0800 (open weekdays 10am - 4pm)
[email protected] 
www.southallblacksisters.org.uk
Southall Black Sisters (SBS) is a ‘by and for’ Black, minoritised, and migrant women’s organisation addressing domestic abuse and other forms of violence against women and girls (VAWG). SBS provides community-based services including helpline advice services, advocacy, counselling, and peer support group work. SBS provides holistic support, combining crisis intervention services with long-term advocacy and campaigning. By integrating frontline experiences into policy advocacy, SBS challenges structural inequalities and harmful cultural practices that perpetuate VAWG. SBS’ services meet the complex needs of Black, minoritised, and migrant women, addressing domestic abuse, forced marriage, ‘honour’-based abuse, and transnational marriage abandonment, often intertwined with immigration, homelessness, and mental health challenges.

Halo Project

Telephone: 01642 683045
[email protected]
www.haloproject.org.uk
The Halo Project Charity is a national project that will support victims of HBV, FM and FGM by providing appropriate advice and support to victims. We will also work with key partners to provide required interventions and advice necessary for the protection and safety of victims.

Freedom Charity

Telephone: 0845 607 0133
www.freedomcharity.org.uk
Freedom or Freedom Charity is a UK-based charity formed to give support to victims of FM, FGM, radicalisation and violence upon women thought to have brought dishonour on their family. We target schools with presentations and sessions directly with students, whilst also offering training and lesson plans for teachers so that they may also aid in raising awareness. We also have a 24/7 helpline and text-line.

National Working Group

Telephone: 01332 585371
nwgnetwork.org
NWG is a charitable organisation formed as a UK network of over 14,500 practitioners who disseminate our information down through their services, to professionals working on the issue of child exploitation (CE) and trafficking within the UK.

National Society for the Prevention of Cruelty to Children (NSPCC) 

FGM helpline: 0808 028 3550
[email protected]
www.npcc.police.uk
The UK’s leading children's charity, specialising in child protection and dedicated to protecting children today to prevent abuse tomorrow. We’re the only UK children’s charity with statutory powers, which means we can take action to safeguard children at risk of abuse.

Child Protection Helpline

Telephone: 0808 800 5000 (advice for adults worried about a child)

National FGM Centre

nationalfgmcentre.org.uk

Metropolitan Police

Honour, Belief and Sex (crime and vulnerability) Partnership Team
FLPDU.HonourBeliefandSexC&[email protected]

Home Office FGM Unit

[email protected]
www.gov.uk/government/collections/female-genital-mutilation
www.virtual-college.co.uk/resources/the-home-office-fgm-case-study

Forced Marriage Unit

Forced marriage - GOV.UK
Telephone: +44 (0) 20 7008 0151
Email, including for outreach work: [email protected]
Facebook: Forced Marriage page
Media enquiries:

  • The Foreign, Commonwealth and Development Office +44 (0) 20 7008 3100
  • Home Office +44 (0) 300 123 3535

The Forced Marriage Unit (FMU) was set up in 2005 to support British nationals being forced into marriage overseas and to assist anyone in the UK, regardless of nationality, faced with the prospect of being forced into a marriage. We can also help anyone who has been forced into a marriage, including those who are now being forced to sponsor a visa for their spouse.

Foundation for Women's Health Research & Development (FORWARD)

Telephone: 020 8960 4000
www.forwarduk.org.uk
We are the African women-led organisation working to end violence against women and girls. From female genital mutilation and child marriage to domestic and sexual violence, we tackle abuse and discrimination – enabling African women and girls to have the dignity, health and equality they deserve.

Iranian and Kurdish Women's Rights Organisation

www.ikwro.org.uk
There is a critical need for specialist support for Middle Eastern, North African (MENA) and Afghan women and girls living in the UK, who are at risk of “honour” based abuse, female genital mutilation, forced marriage, child marriage, domestic abuse and other forms of violence against women and girls. Our mission is to advance MENA and Afghan women’s and girls’ rights, tackle discrimination and violence against women and girls, and empower women and girls to access their rights and entitlements in the UK. We are not affiliated with any religion or political party. IKWRO upholds confidentiality and never mediates with perpetrators, family or community members.

Childline

Telephone: 0800 1111 (24 hr free helpline for children)
www.childline.org.uk
Childline is here to help anyone under 19 in the UK with any issue they’re going through. You can talk about anything. Whether it’s something big or small, our trained counsellors are here to support you. Childline is free, confidential and available any time, day or night.

FGM/C Research Initiative

www.fgmcri.org/about-the-hub
Orchid Project's FGM/C Research Initiative builds on the legacy of 28 Too Many by commissioning and curating global research on the practice of female genital mutilation and cutting.

Annex B - Information on the Immigration Issues that some Victims of Forced Marriage or 'Honour'-Based Crime may experience

Domestic Abuse by a British Citizen or Person with Permanent Settlement

Victims with an insecure immigration status may be entitled to remain in the UK if they have experienced domestic violence and they enter or remain in the country based on marriage/relationship/civil partnership to a British citizen or a partner with permanent settlement (the sponsor), subject to the five-year probationary period. The Home Office Immigration Rules state that a victim of domestic violence can apply for indefinite leave to remain in the UK during the five-year probationary period and does not have to wait the full five years.

A probationary period is the period for which the foreign spouse/partner has limited leave to remain in the UK which is dependent on their marriage/relationship subsisting. Currently, the probationary period is five years, at the end of which the foreign spouse can obtain indefinite leave to remain in the UK with the support of their British spouse/partner. If the marriage/relationship breaks down during the probationary period, the foreign spouse/partner is normally required to leave the UK and return to their country of origin. The domestic violence rules enable victims to stay in the UK indefinitely if the marriage/relationship breaks down due to domestic violence within the probationary period and they meet the evidential criteria as set out in the immigration rules. For migrants on temporary routes the domestic violence provisions are not in the rules.

They will have to show that the marriage/relationship broke down due to domestic violence within the two-year probation period and provide the requisite evidence. This provision applies even if the abuse is from persons other than the sponsor and it leads to the breakdown of the marriage or relationship, for example, where the sponsor fails to protect the victim from abuse by members of the sponsor's extended family.

Overstayers

Applications from overstayers, or those who apply to remain after the five-year probation has ended, will be considered sympathetically. In making the application, it is important to set out the reasons for the delay.

Domestic Violence by European Economic Area Nationals

A similar domestic violence rule also benefits non-European Economic Area (EEA) nationals who enter or stay in the UK as a result of marriage or partnership with an EEA national (as opposed to a British National). The marriage/partnership must have lasted for at least three years immediately prior to the divorce/termination of the partnership, both parties must have lived in the UK for at least one year of the marriage/civil partnership, and the EEA national must have been exercising Treaty rights during that time.

The Immigration Directorates Instructions at: www.gov.uk/topic/immigration-operational-guidance/immigration-directorate-instructions

To qualify for residence, the applicant must provide their passport, evidence of domestic violence (as outlined above) and evidence that they are a worker, self-employed or self- sufficient (including students that are self-sufficient).

If the victim cannot return to their country of origin and wants to remain in the UK, it is essential to report any domestic violence they may have suffered, particularly to the agencies outlined above, where the victim is seeking also assistance.

Asylum, Humanitarian Protection or Discretionary Leave

Other applications may also be possible for asylum, humanitarian protection or discretionary leave to remain in the country if the victim is escaping forced marriage or other dangers to their or their children's lives or well-being abroad. When assessing any claims for asylum, the Home Office should take into account any relevant gender issues, including the specific Asylum Policy Instructions under Gender Issues for Asylum claims.

For more information you can refer to the Asylum Policy Instructions under Gender Issues for Asylum Claims: www.ind.homeoffice.gov.uk

The victim should make an application to the Home Office before their limited leave to remain or visa expires as this improves their chance of remaining in the UK and protects their rights to appeal.

No Access to Public Funds

Victims with an insecure immigration status may also be prohibited from claiming public funds, which includes most Social Security benefits and housing under the Housing Act 1996. However, note that persons with indefinite leave to remain (ILR), refugees and those with humanitarian protection, discretionary leave to remain or right of abode in the UK, have the same entitlements to public funds as a British citizen. Also, some categories of overseas nationals with no settlement rights may also be entitled. It is therefore best to check entitlement. This prohibition does not apply to public funding (legal aid) for legal help or assistance.

Victims with no recourse to public funds can pursue the following options for housing and financial support:

The Support for Migrant Victims (SMV) pilot scheme is now open for referrals and will provide support for up to 500 migrant victims of domestic abuse and other forms of gender-related abuse (and their children) who are subject to the No Recourse to Public Funds (NRPF) Rule. More information is available via SMV Scheme - Southall Black Sisters.

Migrant victims of domestic abuse concessions give victims temporary permission to stay in the UK and apply to claim benefits if the relationship broke down due to domestic abuse. For more information, please visit Apply for the migrant victims of domestic abuse concession - GOV.UK.

Approach an advice and support agency, particularly women's refuges and support services (including those specifically providing for BME women), to obtain information, advice and assistance on safe accommodation and financial support. Contact the National Domestic Violence Helpline for list of agencies Tel 0808 2000 247.

Southall Black Sisters runs a small fund providing direct housing and subsistence cost, subject to availability. More information is available via the Southall Black Sisters website.

Contact social care services (particularly if the victim is a pregnant woman, is with children or is especially vulnerable due to age, disability or ill health) for help under the Children Act 1989, the National Assistance Act 1948 and other legislation. Local authority support does not count as public funds. If possible, the victim should consult an immigration solicitor before making such an approach for assistance from the local authority as the authority may contact the Home Office to establish the victim's status.

Contact a family lawyer to make an application for maintenance for the victim from the sponsor in the Family Courts. However, this option may be limited if it is a short marriage, the sponsor has a low income and if there are long delays or problems in obtaining public funding or a court hearing date.

Apply to the Home Office National Asylum Support Services (NASS) if they have claimed asylum and/or made a human rights claim under Article 3 of the European Convention on Human Rights, provided that the applications are being considered as such, or at least acknowledged, by the Home Office.

Further guidance which explains the eligibility and criteria for those applying for leave to remain under the destitution domestic violence (DDV) concession can be found at GOV.UK.

Annex C - Civil Legal Remedies

The below information is included within this guidance for information, so prosecutors are aware of civil remedies available to local authorities or the police as protective measures to be considered whilst investigating matters or alongside a prosecution for offences which fall within this guidance. In some instances when giving early advice, prosecutors may wish to remind the police or relevant investigating agency that these are available.

Children's Act 1989 - Emergency Police Protection

Local authority children’s social care may approach the police and ask for their assistance in undertaking a joint investigation. The way in which this is to be handled should be covered in the procedures prepared by the Local Safeguarding Children Board and in accordance with Working Together to Safeguard Children, (for England) and Safeguarding Children Working Together under the Children’s Act 2004, (for Wales).

Where there is reasonable cause to believe that a child would otherwise be likely to suffer significant harm, a police officer may (with or without the cooperation of social care) remove that child from the parent and use the powers for police protection (section 46 of the Children Act 1989) for up to 72 hours. The police must inform children's social care who must assist in finding safe and secure accommodation for the girl or young woman if requested to do so. Children's social care must assist the police, by arranging a placement for the child or young person in a place of safety, taking into account risk management and safety planning whether this is in local authority accommodation provided by children's social care, on their behalf, or in a refuge.

Local authority children's social care must commence child protection enquiries under section 47 of the Children Act 1989 when they are informed that a child who lives, or is found in their area, is in police protection (section 47(1)(a)(ii) of the Children Act 1989). They must also do so if they are told that the child is the subject of an emergency protection order, or they have reasonable cause to suspect that a child who lives, or is found, in their area is suffering or likely to suffer significant harm.

Care and Supervision Orders

Children's social care may apply for an Emergency Protection Order (EPO) at any point within the 72 hours if there is reasonable cause to believe the child is likely to suffer significant harm if she is not removed to accommodation provided by or on behalf of the local authority or does not remain in the place in which she is then being accommodated. The police have the power to make their own application for an EPO on behalf of the relevant local authority, but as a matter of practice this is done by children's social care.

An application for an EPO can be made by anyone including social workers, police, youth workers, advocates or friends of the girl or young woman but in practice it is usually made by local authority children's social care.

An EPO authorises the applicant to remove the girl and keep her in safe accommodation, but this power can only be exercised in order to safeguard the girl's welfare. In addition, the EPO operates to require any person in a position to do so to comply with any request to produce the child to the applicant. An EPO may also include directions as to the medical examination of the child (or that such examinations should not take place), although if the child is of sufficient understanding to make an informed decision, she may refuse to submit to such an examination.

An EPO lasts for a period not exceeding eight days, but it may be renewed for up to a further seven days. More information on EPOs is available at the Cafcass website. For further information on court orders, refer to The Children Act 1989: court orders (2014).

Sometimes an EPO is followed by an application from the local authority for a Care Order or Supervision Order (sections 31 and 38 of the Children Act 1989). Without either a Care Order or an Interim Care Order, once the EPO has lapsed, the local authority will no longer have parental responsibility.

No care or supervision order may be made with respect to a child who has reached the age of 17 (or 16 if the child is married).

When a Care Order or Supervision Order is not available due to the age of the child, children's social care should be aware of the opportunities presented by an FM Protection Order or by making a child a ward of court, under the inherent jurisdiction of the High Court. A Ward of Court Order is available up to 18 years old. A child who is the subject of a Care Order cannot be made a ward of court. More information on Care Orders and Supervision Orders is available at the Cafcass website.

Inherent Jurisdiction of the court

A children's social care department may ask the High Court to exercise its inherent jurisdiction to protect the child. Any person with a genuine interest in the child, including the child themselves, a private individual or the Children and Family Court Advisory Support Service (CAFCASS/CAFCASS Cymru) legal services department can apply to have a child made a ward of court.

A local authority may only apply for an order under the High Court's inherent jurisdiction if it has permission from the court to do so (under section 100 of the Children Act 1989). Leave to apply may only be granted by the court if it is satisfied that the result the local authority wishes to achieve could not be achieved through the making of any order, other than one under the courts inherent jurisdiction. A local authority is entitled to apply for this where they have reasonable cause to believe that if the courts inherent jurisdiction is not exercised, the child is likely to suffer significant harm.

For the purposes of obtaining protection for a child or young person, there is little difference between wardship, and the other orders made in the exercise of the inherent jurisdiction of the High Court. All types of orders under the inherent jurisdiction are flexible and wide-ranging, and an order may be sought where there is a real risk of a child being subjected to FM. Where there is a fear that a child may be taken overseas for the purpose of FM, an order for the surrender of their passport may be made as well as an order that the child may not leave the jurisdiction without the court's permission.

Orders for the immediate return of the child or young person can be obtained. These orders can be enforced on family members or extended family members. The orders are in the form of injunctions with penal notices attached.

Applications for Wardship

Once a young person has left the country, there are fewer legal options open to police, social services, other agencies, or another person to recover the young person and bring them back to the UK. One course of action is to seek the return of the young person to the jurisdiction of England and Wales by making them a ward of court. Making a child a ward of court falls within the inherent jurisdiction of the High Court.

An application for wardship is made to the High Court Family Division, and may be made by a relative, friend close to the child or young person, or CAFCASS/CAFCASS Cymru legal services department or any interested party. Where an urgent ward of court application is required, an application should be made where possible within court hours. It is key that in such situation, early liaison with the Clerk of the Rules occurs in order that they can attempt to accommodate such requests. When it is not possible to apply for urgent wardship order within court hours, contact should be made with the security office at the Royal Courts of Justice (020 7947 6000 or 020 7947 6260) who will refer the matter to the urgent business officer. The urgent business officer can contact the duty judge. The judge may agree to hold a hearing, either convened at court or elsewhere, or by telephone.

Paragraph 16 of Schedule 2 to the 2003 Act makes it clear that there is no effect on:

  • the inherent jurisdiction of the High Court
  • any criminal liability
  • any civil remedies under the Protection from Harassment Act 1997
  • any right to an occupation order or a non-molestation order under Part 4 of the Family Law Act 1996
  • any protection or assistance under the Children Act 1989, or
  • any claim in tort
  • if making an application for a FM Protection Order.

Tipstaff - Child Abduction Orders (High Court)

In child abduction cases, it may be possible to seek a tipstaff order - this may be a 'seek and locate' order backed by a bench warrant ordering any person with knowledge of the child or young person to give that information to the Tipstaff (who is an officer of the High Court) or his/her deputy or assistants.

The majority of the Tipstaff's work involves taking children into custody and dealing with child abduction.

Related orders may require the alleged abductor to hand his/her passport and other travel documents to the Tipstaff, and order the Tipstaff to take the child and deliver him or her to a designated place.

There may also be a 'port alert' executed by the Tipstaff, to help prevent the child or young person being taken abroad. In the case of children who have been declared a ward of court for example, in cases where the court is acting in loco parentis, the Tipstaff has a role in ensuring that those children are delivered to the locations specified by the court.