Abduction (YP U16) - Offence breakdown

Question 1

Under S210(3) what are the two things that are not important?

Answer 1

(a) whether the young person consents, or is taken, goes or is received at their own suggestion and
(b) whether the offender believes that the young person to be of or over the age of 16

Question 2

S210(4)

Answer 2

In this section young person means a person UNDER the age of 16

Question 3

When is this charge mostly used?

Answer 3

Situations where a child is taken from a parent or guardian contrary to terms of a court order

Question 4

Is it necessary to prove that the offender intended to permanently deprive the parent/guardian of possession of the child

Answer 4

no

Question 5

Is consent a defence?

Answer 5

No as under S208-S210 a person under 16 cannot consent to being taken away

Question 6

What is S127 CA 1961?

Answer 6

There is no presumption of law that a person is incapable of sexual connection because of his or her age

Question 7

What is S210A?

Answer 7

Statutory defence of good faith

Question 8

What is the good faith statutory defence

Answer 8

A person who claims in good faith a right of possession of a young person cannot be convicted of an offence against S209 or S210 because they get possession of the young person

Question 9

Who must prove what in regards to a defence of good faith

Answer 9

The prosecution must prove beyond reasonable doubt that the defendant did not believe in good faith that he or she was so entitled