Offences In Relation To Marriage

Question 1

Offences Against the Person Act 1861

s.57

Answer 1

Bigamy

Either way -
7yrs/fine on indictment
6mnths/fine summarily

Marries another whilst married to a surviving spouse,
unless spouse missing for 7yrs.
Ceremony has to purport to be legally binding.

If foreigner commits bigamy’s abroad - No offence
If British citizen commits bigamy anywhere on the world - offence

Burden is on the prosecution to prove D was already in a valid marriage.
Burden is on the defence to prove continual absence.
Burden is on the prosecution to then prove there was no continual absence.

Question 2

Perjury Act 1911

s.3

Answer 2

False statements with reference to marriage

Either way - 7yrs/fine on indictment - 6mnths/fine summarily

For the purpose of procuring a marriage, or certificate or licence for marriage.
Knowingly and wilfully.
Or
Forbids the issue of a certificate by false representation.

Whether or not they succeed is irrelevant.

Question 3

The Anti-social Behaviour, Crime and Policing Act 2014

s.121

Answer 3

Forced Marriage: England and Wales

Either way - 7yrs/fine on indictment - 12mnths/fine summarily

Use of violence or any form of coercion for the purpose of causing another to enter into marriage. Deceives another to go abroad for the specific purpose of forcing them to marry.

RGB or ought to believe the conduct would lead to the marriage without free and full consent.

Question 4

Family Law Act 1996

Part 4A

Answer 4

Breaching a forced marriage protection order

Maximum penalty of 5yrs imprisonment. Always able to arrest for breach without courts attaching power of arrest or an arrest warrant.

D must be aware of the existence of the order at the time of the breach.