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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. The court must consider all the circumstances great canadian casino nanaimo hours including the need to secure the health, safety, and well-being of the girl. 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).
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