Important to know

Question 1

Young person under 16 cannot consent to being taken away or detained

Answer 1

s208 and s209, a person under the age of 16 years cannot consent to being taken away or detained.

Question 2

People claiming in good faith to possession of young person under 16.
Crimes Act 1961, s210A

Answer 2

A person who claims in good faith a right to the possession of a young person under the age of 16 years cannot be convicted of a offence against s 209 or 210 because he/she gets possession of the young person.

Question 3

Duress

Answer 3

Is whether the threats, pressure or coercion are such that they destroy the reality of consent and overbearing the will of the individual.