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Abducting a Child is an offence under Section 87 of the Crimes Act 1900 which carries a maximum penalty of 10 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
A ‘child’ is defined as a person under the age of 12 years.
‘Detaining a child’ includes causing them to remain where they are, and ‘Taking a child’ includes causing a child to be taken.
A ‘person with parental responsibility’ includes:
Defences to the charged include:
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