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Child Abduction

Child Abduction 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:

  1. You took and detained a child, and
  2. You did so with the intention of removing or keeping the child from the lawful control of a person with parental responsibility over the child without that person’s consent, or you did so with the intention of stealing the child.

A ‘child’ is a person under the age of 12 years. ‘Detaining a child’ includes causing the child to remain where he or she is. ‘Taking a child’ includes causing the child to accompany you ss well as causing the child to be taken.

Defences to the charge include:

  1. Self-defence, including the defence of the child
  2. Duress, and
  3. Necessity.

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