Female Genital Mutilation Act 2003

Offence of female genital mutilation

1

• (1) A person is guilty of an offence if he excises, infibulates or otherwise mutilates the whole or any part of a girl’s labia majora, labia minora or clitoris.

• (2) But no offence is committed by an approved person who performs—

• (a) a surgical operation on a girl which is necessary for her physical or mental health, or

• (b) a surgical operation on a girl who is in any stage of labour, or has just given birth, for purposes connected with the labour or birth.

• (3) The following are approved persons—

• (a) in relation to an operation falling within subsection (2)(a), a registered medical practitioner,

• (b) in relation to an operation falling within subsection (2)(b), a registered medical practitioner, a registered midwife or a person undergoing a course of training with a view to becoming such a practitioner or midwife.

• (4) There is also no offence committed by a person who—

• (a) performs a surgical operation falling within subsection (2)(a) or (b) outside the United Kingdom, and

• (b) in relation to such an operation exercises functions corresponding to those of an approved person.

• (5) For the purpose of determining whether an operation is necessary for the mental health of a girl it is immaterial whether she or any other person believes that the operation is required as a matter of custom or ritual.

Offence of assisting a girl to mutilate her own genitalia

2

A person is guilty of an offence if he aids, abets, counsels or procures a girl to excise, infibulate or otherwise mutilate the whole or any part of her own labia majora, labia minora or clitoris.

Offence of assisting a non-UK person to mutilate overseas a girl’s genitalia

3

• (1) A person is guilty of an offence if he aids, abets, counsels or procures a person who is not a United Kingdom national or ... United Kingdom resident to do a relevant act of female genital mutilation outside the United Kingdom.

• (2) An act is a relevant act of female genital mutilation if—

• (a) it is done in relation to a United Kingdom national or ... United Kingdom resident, and

• (b) it would, if done by such a person, constitute an offence under section 1.

• (3) But no offence is committed if the relevant act of female genital mutilation—

• (a) is a surgical operation falling within section 1(2)(a) or (b), and

• (b) is performed by a person who, in relation to such an operation, is an approved person or exercises functions corresponding to those of an approved person.

Extension of sections 1 to 3 to extra-territorial acts

4

• (1) Sections 1 to 3 extend to any act done outside the United Kingdom by a United Kingdom national or ... United Kingdom resident.

• (1A) An offence under section 3A can be committed wholly or partly outside the United Kingdom by a person who is a United Kingdom national or a United Kingdom resident.

• (2) If an offence under this Act is committed outside the United Kingdom—

• (a) proceedings may be taken, and

• (b) the offence may for incidental purposes be treated as having been committed,

in any place in England and Wales or Northern Ireland.

Penalties for offences

5

• (1) A person guilty of an offence under section 1, 2 or 3 is liable—

• (a) on conviction on indictment, to imprisonment for a term not exceeding 14 years or a fine (or both),

• (b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both).

• (2) A person guilty of an offence under section 3A is liable—

• (a) on conviction on indictment, to imprisonment for a term not exceeding seven years or a fine (or both),

• (b) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both),

• (c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).

Definitions

6

• (1) Girl includes woman.

• (2) A United Kingdom national is an individual who is—

• (a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,

• (b) a person who under the British Nationality Act 1981 (c. 61) is a British subject, or

• (c) a British protected person within the meaning of that Act.

• (3) A United Kingdom resident is an individual who is habitually resident in the United Kingdom.

• (4) This section has effect for the purposes of this Act.

Consequential provision

7

• (1) The Prohibition of Female Circumcision Act 1985 (c. 38) ceases to have effect.

• (2) In paragraph 1(b) of the Schedule to the Visiting Forces Act 1952 (c. 67) (offences against the person in respect of which a member of a visiting force may in certain circumstances not be tried by a United Kingdom court), for paragraph (xi) there is substituted—

(xi) the Female Genital Mutilation Act 2003;

.

Short title, commencement, extent and general saving

8

• (1) This Act may be cited as the Female Genital Mutilation Act 2003.

• (2) This Act comes into force on such day as the Secretary of State may by order made by statutory instrument appoint.

• (3) An order under subsection (2) may include transitional or saving provisions.

• (4) This Act does not extend to Scotlandand sections 5B and 5C do not extend to Northern Ireland.

• (5) Nothing in this Act affects any criminal liability arising apart from this Act.

Offence of female genital mutilation

Editorial notes

[^key-41402ab2e055b6ed950b2d431230d10e]: S. 1 in force at 3.3.2004 by S.I. 2004/286, art. 2

[^key-6985814ee51a9962d5fa6aa45569b781]: S. 2 in force at 3.3.2004 by S.I. 2004/286, art. 2

[^key-e53ff84f5289d5d9824baf48e6917d26]: S. 3 in force at 3.3.2004 by S.I. 2004/286, art. 2

[^key-6a823c2abad70e4524bd2467d3c1c44d]: S. 4 in force at 3.3.2004 by S.I. 2004/286, art. 2

[^key-6c323f5558f2db022ba1cfbcabfa2d0b]: S. 5 in force at 3.3.2004 by S.I. 2004/286, art. 2

[^key-58a1d6fd7886502b3ebf8028e3b5ffc7]: S. 6 in force at 3.3.2004 by S.I. 2004/286, art. 2

[^key-c0ee56d82f5d0a4ab520e3ec74c26bed]: S. 7 in force at 3.3.2004 by S.I. 2004/286, art. 2

[^key-797ddf1c85a54ac38af1ee3973d27cfc]: S. 8 in force at 3.3.2004 by S.I. 2004/286, art. 2

[^key-f27765c9e0e9dec7c17529a21db49c04]: S. 3A inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 72(2), 88(4) (with s. 86(16)(17))

[^key-3c508f97ab5e82f0de7c04b986cb9a44]: S. 4A inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 71(1), 88(4)

[^key-8ddbd05cc9937164006fa6d1879d4383]: Sch. 1 inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 71(2), 88(4) (with s. 86(15))

[^key-77b1f6d8c7c33b973112432986b93817]: Word in s. 3(1) omitted (3.5.2015) by virtue of Serious Crime Act 2015 (c. 9), ss. 70(1)(a), 88(4) (with s. 86(10))

[^key-b91f537e196ccabbfa92c4bdd51ad40b]: Word in s. 3(2)(a) omitted (3.5.2015) by virtue of Serious Crime Act 2015 (c. 9), ss. 70(1)(a), 88(4) (with s. 86(10))

[^key-be3e056b3eef63bfc0facc5a37f5f035]: Word in s. 4 heading substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 72(3)(a), 88(4)

[^key-e887eafd9dc9ace47e547bbf6314f237]: Words in s. 4 heading inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 72(3)(a), 88(4)

[^key-bc06f418692b0fe77a454e42d1c03e17]: S. 4(1A) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 72(3)(b), 88(4)

[^key-0132c0a03e4c909eadb7dc8e8dc57bb8]: Word in s. 4(1) omitted (3.5.2015) by virtue of Serious Crime Act 2015 (c. 9), ss. 70(1)(b), 88(4) (with s. 86(10))

[^key-f0298fedc1a26b1b8a97754adf3626a5]: Words in s. 5 substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 72(4)(a), 88(4)

[^key-d02f48b9e39cdf79f2b5025b33fa0e1f]: S. 5(2) inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 72(4)(b), 88(4) (with s. 86(14)(15))

[^key-ea27654191cc7e70ebbcc2a514fce8c4]: S. 6(3) substituted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 70(1)(c), 88(4) (with s. 86(10))

[^key-779aba8dfa3af0759eec56e55e560825]: S. 5A inserted (17.7.2015) by Serious Crime Act 2015 (c. 9), ss. 73(1), 88(1); S.I. 2015/1428, reg. 2(a)

[^key-d6eb51367e402e13d383c7a82231f41f]: Sch. 2 inserted (17.7.2015) by Serious Crime Act 2015 (c. 9), ss. 73(2), 88(1) (with s. 86(14)(15)); S.I. 2015/1428, reg. 2(a)

[^key-baa1ad9926c03887d3af38355cb9d08e]: S. 5B inserted (E.W.) (31.10.2015) by Serious Crime Act 2015 (c. 9), ss. 74, 88(1); S.I. 2015/1809, reg. 2(a)

[^key-a573e6832e686a76a5ac66c37cc6ced5]: S. 5C inserted (E.W.) (31.10.2015) by Serious Crime Act 2015 (c. 9), ss. 75(1), 88(1); S.I. 2015/1809, reg. 2(b)

[^key-58d6640d5a0dbd3ec7ad3b8de65999a8]: Words in s. 8(4) inserted (31.10.2015) by Serious Crime Act 2015 (c. 9), s. 88(1), Sch. 4 para. 60; S.I. 2015/1809, reg. 2(d)

[^key-2243ae7ffaf5d0057c44c1234b9400b7]: Words in s. 5C(4)(a) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 59(2) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)