Ending conversion practices in Scotland: consultation summary

Part 13: The Purposes of a Conversion Practices Protection Order

74. Civil orders are preventative and based on risk. There will not need to be evidence that conversion practices have already taken place if there is a specific person or persons to be protected by the order. Instead, there needs to be evidence of a risk of conversion practices taking place, and a risk of harm to the person(s) to be protected.

75. Where the order is being used to protect the wider community, it needs to be demonstrated in court that the person has carried out conversion practices before.

76. An order could be granted where criminal conduct has been carried out. For example, an order would be able to be granted at sentencing for a criminal offence.

27. What are your views on the purposes of the proposed conversion practices protection order?

Support

Do not support

Don’t know

28. Please explain your answer to Question 27.

What powers will the courts have?

77. Because each victim’s experience is unique, we propose that the courts are given a broad power to impose any requirements and prohibitions that are required to protect the individual. No requirement or prohibition could be imposed on a person by a court where it was not necessary for the protection of another person.

78. The court would also have the power to determine the duration of the order, and any conditions or requirements within it.

79. It would also be possible to apply to the court to have the order lifted or varied. We intend for the court to have the power make an interim order where it considers this necessary. This follows the approach of other civil orders, including forced marriage and female genital mutilation.