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18 June 2014
Issue: 7611 / Categories: Legal News
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Tackling forced marriage & domestic abuse

Forced marriage has been made a criminal offence, punishable by up to seven years in prison.

The new offence applies, from 16 June, where the marriage takes place in England and Wales and where UK nationals are at risk of being forced into marriage abroad. The courts will continue to issue civil orders to prevent marriages, but breaching an order has now also become a criminal offence.

Forced marriage occurs where one or both spouses are coerced by means including “physical, psychological, financial, sexual and emotional pressure”.

Meanwhile, charities Public Law Project (PLP) and Rights of Women (ROW) have brought a legal challenge against the government on the basis that legal aid reforms have barred domestic abuse victims from access to justice.

Legal aid was retained for victims of domestic abuse by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).

However, victims must provide evidence of abuse, which can be difficult for to get. In certain cases, a 24-month time limit applies although many perpetrators remain a lifelong threat to their victims.

ROW and PLP say many victims are falling through the safety net, contrary to what Parliament intended when it enacted the safeguards contained in LASPO.

ROW director, Emma Scott says: “Without legal aid women affected by domestic violence feel unable to access the kinds of legal remedies which enable them to safely exit violent relationships. In our most recent survey, half of all women who were ineligible for legal aid because they did not have the required evidence of domestic violence said that they took no legal action as a result, leaving them at risk of further violence and even death.”

Issue: 7611 / Categories: Legal News
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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