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It will be for the courts to determine on the facts of individual cases whether or not those involved are habitually resident in the UK and thus covered by the 2003 Act. Section 70(2) of the 2015 Act makes equivalent amendments to the Prohibition of Female Genital Mutilation (Scotland) Act 2005.
Reluctance to be identified as a victim of FGM is believed to be one of the reasons for the low incidence of reporting of this offence. It is anticipated that providing for the anonymity of victims of alleged offences of FGM will encourage more victims to come forward.
Section 71 of the 2015 Act amends the 2003 Act to prohibit the publication of any information that would be likely to lead to the identification of a person against whom an FGM offence is alleged to have been committed. This all slots casino new zealand is similar, although not identical, to the anonymity given to alleged victims of sexual offences by the Sexual Offences (Amendment) Act 1992. There are two limited circumstances where the court may disapply the restrictions on publication.
The first is where a person being tried for an FGM offence, could have their defence substantially prejudiced if the restriction to prevent identification of the person against whom the allegation of FGM was committed is not lifted. The second circumstances is where preventing identification of the person against whom the allegation of FGM was committed, could be seen as australian casino online 2018 a substantial and unreasonable restriction on the reporting of the proceedings and it is considered in the public interest to remove the restriction. Offence of failing to protect a girl from risk of FGM 16. Section 72 of the 2015 Act inserts new section 3A into the 2003 Act this creates a new offence of failing to protect a girl from FGM. This will mean that if an offence of FGM is committed against a girl under the age of 16, each person who is responsible for the girl at the time of FGM occurred will be liable under this new offence. It would be a defence for a defendant to show that at the relevant time, they did not think that there was a significant risk of FGM being committed, and could not reasonably have been expected to be aware that there was any such risk or they took such steps as he or she could reasonably have been expected to take to protect the girl from being the victim of FGM. The onus would then be on the prosecution to prove the contrary. At the Girl Summit on 22 July 2014 the Prime Minister launched a consultation on a proposal to introduce a specific civil law measure for the purpose of protecting potential or actual victims of FGM, closely modelled on the forced marriage protection orders in the Family Law Act 1996.
Section 73 of the 2015 Act provides, therefore, for FGMPOs for the purposes of protecting a girl against the commission of a genital mutilation offence or protecting a girl against whom such an offence has been committed.
The court may make a FGMPO on application by the girl who is to be protected or a third party.
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Under the new provisions an FGMPO might contain such prohibitions, restrictions or other requirements for the purposes of protecting a victim or potential victim of FGM. Duty to notify police of female genital mutilation 24.
Section 74 inserts new section 5B into the 2003 Act which creates a new mandatory reporting duty requiring specified regulated professionals in England and Wales to make a report to the police. The duty applies where, in the course of their professional duties, a professional discovers that FGM appears to have been carried out on a girl aged under 18 (at the time of the discovery). The duty applies to professionals working within healthcare or social care, and teachers. The duty does not apply where a professional has reason to believe that another individual working in the same profession has previously made a report to the police in connection with the same act of FGM. For these purposes, professionals regulated by a body which belongs to the Professional Standards Authority are considered as belonging to the same profession. Section 75 inserts new section 5C into the 2003 Act which confers on the Secretary of State a power to issue statutory guidance on FGM which relevant individuals are required to have regard to. Amending the law is not the only answer to securing additional prosecutions and convictions for FGM nor can it eradicate a practice that has been deeply ingrained in the culture of practising communities.
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