Definitions beneath the 2003 Act
- The word “girl” includes “woman”: section 6(1).
- an great britain nationwide is somebody who is:
- a Uk resident, A uk overseas regions resident, A british national (overseas) or even a british international resident;
- somebody who underneath the British Nationality Act 1981 is a subject that is british or
- a British protected individual within this is of the Act: section 6(2).
- an great britain resident is understood to be “an individual that is habitually resident when you look at the UK”. The expression that is“habitually resident a person’s ordinary residence, rather than a quick short-term remain in a nation. To be constantly resident in britain it may never be needed for all, or any, regarding the amount of residence right here become lawful. Whether one is habitually resident in britain should really be determined in the known facts for the instance.
You will find four FGM offences underneath the 2003 Act:
- The offence that is primary of: area 1
- assisting a lady to mutilate her genitals that are own part 2
- assisting a non-uk individual to mutilate a girl’s genitals overseas: area 3; and
- failing continually to protect a lady through the threat of FGM: section 3A.
Offense of FGM – area 1
It’s a unlawful offense to “excise, infibulate or otherwise mutilate” the entire or any section of a woman’s labia majora, labia minora or clitoris: section 1(1).
This will be an offense even where in fact the act is performed away from great britain, where it really is carried out by an great britain national or resident, by virtue of part 4 associated with 2003 Act.
There isn’t any statutory meaning or judicial consideration for the conduct aspects of the offense. Each is usually to be provided its ordinary and meaning that is natural