Search Legislation

Advanced Search

Female Genital Mutilation Act 2003

Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
Help about advanced features

Advanced Features

Changes over time for: Section 3A

Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Female Genital Mutilation Act 2003, Section 3A. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

[F13AOffence of failing to protect girl from risk of genital mutilationE+W+N.I.

This section has no associated Explanatory Notes

(1)If a genital mutilation offence is committed against a girl under the age of 16, each person who is responsible for the girl at the relevant time is guilty of an offence.

This is subject to subsection (5).

(2)For the purposes of this section a person is “responsible” for a girl in the following two cases.

(3)The first case is where the person—

(a)has parental responsibility for the girl, and

(b)has frequent contact with her.

(4)The second case is where the person—

(a)is aged 18 or over, and

(b)has assumed (and not relinquished) responsibility for caring for the girl in the manner of a parent.

(5)It is a defence for the defendant to show that—

(a)at the relevant time, the defendant did not think that there was a significant risk of a genital mutilation offence being committed against the girl, and could not reasonably have been expected to be aware that there was any such risk, or

(b)the defendant took such steps as he or she could reasonably have been expected to take to protect the girl from being the victim of a genital mutilation offence.

(6)A person is taken to have shown the fact mentioned in subsection (5)(a) or (b) if—

(a)sufficient evidence of the fact is adduced to raise an issue with respect to it, and

(b)the contrary is not proved beyond reasonable doubt.

(7)For the purposes of subsection (3)(b), where a person has frequent contact with a girl which is interrupted by her going to stay somewhere temporarily, that contact is treated as continuing during her stay there.

(8)In this section—

  • “ genital mutilation offence ” means an offence under section 1, 2 or 3 (and for the purposes of subsection (1) the prosecution does not have to prove which section it is);

  • “parental responsibility”—

    (a)

    in England Wales, has the same meaning as in the Children Act 1989;

    (b)

    in Northern Ireland, has the same meaning as in the Children (Northern Ireland) Order 1995 ( S.I. 1995/755 (N.I. 2));

  • “ the relevant time ” means the time when the mutilation takes place. ]

Textual Amendments

F1S. 3A inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 72(2), 88(4) (with s. 86(16)(17))

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources