Section 1 – Offence of abduction of child by parent etc Section 1(1) provides that, subject to sections 1(5) to (8), it is an offence for a person connected with a child under the age of 16 to take or send the child out of the United Kingdom without the appropriate consent. The following cases are relevant to this section: •
R v C [1991] 2 FLR 252, [1991] Fam Law 522, CA •
R v Sherry and El Yamani [1993]
Crim LR 536, CA ;Sentence See section 4(1). See the Crown Prosecution Service sentencing manual. And see
R v Brennan [2007] 2
Cr App R (S) 50
Section 2 – Offence of abduction of child by other persons Section 2(1) provides that, subject to section 2(3), it is an offence for a person, other than one mentioned in section 2(2), to take or detain a child under the age of sixteen so as to remove him from the lawful control of any person having lawful control of him, or, so as to keep him out of the lawful control of any person entitled to lawful control of him. without lawful authority or reasonable excuse. This section is disapplied by section 51 of the
Children Act 1989 for any child who has been certified at risk and placed in a foster or care home. The following cases are relevant: •
R v Leather, 98
Cr App R 179, CA •
R v Berry [1996] Crim LR 574, The Times, 29 January 1996, CA ;Sentence See section 4(1). See the Crown Prosecution Service sentencing manual. And see the following cases: •
R v Dean [2000] 2 Cr App R (S) 253 •
R v Mawdsley [2001] 1 Cr App R (S) 101 •
R v Delaney [2003] 2 Cr App R (S) 81 •
R v J A and others [2002] 1 Cr App R (S) 108 •
R v Prime [2005] 1 Cr App R (S) 45 •
R v Delaney [2007] 1 Cr App R (S) 93 •
R v Serrant [2007] 2 Cr App R (S) 80 •
R v M [2008] 2 Cr App R (S) 73
Section 5 – Restriction on prosecutions for offence of kidnapping ==Part III – Supplementary==