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:
- You took and detained a child, and
- 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:
- Self-defence, including the defence of the child
- Duress, and
- Necessity.
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