Abduction of Young Person Under 16

Question 1

Abduction of young person under 16 Legislation

Answer 1

Section 210 C A 1961

(1) Every one is liable to imprisonment for a term not exceeding 7 years who,
-with intent to deprive a parent or guardian or other person having the lawful care or charge of a
young person
-of the possession of the young person,
-unlawfully takes or entices away or detains
-the young person.

(2) Every one is liable to imprisonment for a term not exceeding 7 years who
- receives
- a young person,
- knowing that he or she has been unlawfully taken or enticed away or detained
- with intent to deprive a parent or guardian or other person having the lawful care or charge of him or her -of the possession of him or her.

• It is not a defence if the young person consented or came on their own accord
• It is not a defence that the offender believes the young person to be of or over the age of 16.

Question 2

What must be proved?

Answer 2

1. The defendant took, enticed or detained a person under the age of 16
   years;
2. The taking, enticement or detention was deliberate or intentional;
3. The taking, enticement or detention was from a person who had lawful
   care of the young person;
4. The defendant knew the other person had lawful care of the young
   person;
5. The taking, enticement or detention was “unlawful”; and
6. It was done with intent to deprive a parent, guardian” or other person
   having lawful care or charge of the young person” of possession of that
   young person.

Question 3

Person having lawful care or charge

Answer 3

A parent may commit an offence against this section in respect of their own child where their actions are unlawful; for example a father who takes his own child from its mother contrary to a Court Order.

It is not necessary to prove the accused intended a permanent deprivation.

Question 4

Proof of age at time of the offence is required - R V FOREST AND FOREST

Answer 4

The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age.”

Question 5

Possession meaning

Answer 5

Physical and mental element must be proved to satisfy possession

• Actual or potential physical custody
• Mental element -knowledge that they have the item (child) in their possession and intent to possess it.

Question 6

Unlawful meaning

Answer 6

“without lawful authority”.

Question 7

Takes, entices etc meaning

Answer 7

To “entice” means to tempt, persuade, or attract by arousing hope or desire

Question 8

Knowing meaning

Answer 8

“knowing or correctly believing”.

“the defendant may believe something wrongly, but cannot ‘know’ something that is false”.

(Must be correct)

Question 9

Receiving meaning

Answer 9

Case by case but includes physical custody of the young person