Female genital mutilation compromises all procedures involving partial or total removal, of the external female genitalia, or other injury to the female genitalia organs for non-medical reasons. The practice can cause severe pain and can cause long-term difficulties.
The age the procedure is undertaken varies from country to community and the procedure could take place in the UK or overseas.
The Female Genital Mutilation Act 2003 states a person is guilty of the act if they mutilate the whole or any part of the girl’s or women`s genitals, including assisting a girl to mutilate her own genitals or assisting a non UK person to mutilate overseas a girl's genitals.
A Female genital mutilation protection order, granted by a Court, can help if a person is at risk of FGM or have already had FGM committed to them. The Court can make a FGM protection order to protect you or another person at risk of FGM and/or protect you or another person against whom FGM has been committed. The court can make an order in an emergency so that this protection is in place straightaway. An application for a Female Genital Mutilation Protection Order can be made at the same time as a police investigation. Each order will contain binding conditions and directions tailored to your needs.
For an order to be granted, an application form and statement in support have to be filed with the Court and once issued, served upon the Respondents. The initial hearing can take place on notice (with the respondents being present) or without notice (without the Respondents being present if there is a real risk that they may take action before an order is made) if required. The Court can make interim orders if outstanding disclosure is required and upon conclusion of the proceedings the Court are able to make Final Orders.
Breach of a Female genital mutilation protection order can be dealt with by the Family or the Criminal Courts. Before the Criminal Courts the maximum penalty is five years imprisonment. Before the Family Court the penalty for contempt of court is up to two years imprisonment. Duncan Lewis solicitors can assist with lodging any application for breach of an order before the Family Court if required.
Legal aid is available for applications for a Female genital mutilation protection order as an applicant, respondent or protected person.
Duncan Lewis Solicitors have specialist solicitors who represent clients in this niche area of law. Please visit our website or call us directly on 033 3772 0409
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