Page:Female Genital Mutilation Act 2003 (UKPGA 2003-31 qp).pdf/3

2 (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.

2 Offence of assisting a girl to mutilate her own genitalia

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.

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

(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 permanent 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 permanent 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.

4 Extension of sections 1 to 3 to extra-territorial acts

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

5 Penalties for offences

A person guilty of an offence under this Act 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).

6 Definitions

(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,