Child Abduction Act 1984

The Child Abduction Act 1984 (c. 37) is an Act of the Parliament of the United Kingdom. It creates offences that replace, in England and Wales, the offence of child stealing under section 56 of the Offences against the Person Act 1861.

Child Abduction Act 1984[1]
Parliament of the United Kingdom
Long titleAn Act to amend the criminal law relating to the abduction of children.
Citation1984 c. 37
Dates
Royal assent12 July 1984
Commencement12 October 1984[2]
Status: Current legislation
Text of statute as originally enacted
Revised text of statute as amended

Part I – Offences under the law of England and Wales

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 sixteen 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
Further information: Kidnapping § England and Wales

Part III – Supplementary

Section 13 – Short title, commencement and extent

Section 13(2) provides that the Act came into force at the end of the period of three months that began on the day on which it was passed. The word "months" means calendar months.[3]

The day (that is to say, 12 July 1984) on which the Act was passed (that is to say, received royal assent) is included in the period of three months.[4]

This means that the Act came into force on 12 October 1984.

See also

References
  1. The citation of this Act by this short title is authorised by section 13(1) of this Act.
  2. The Child Abduction Act 1984, section 13(2)
  3. The Interpretation Act 1978, section 5 and Schedule 1
  4. Hare v Gocher [1962] 2 QB 641, [1962] 2 All ER 673; Trow v Ind Coope (West Midlands) Ltd [1967] 2 QB 899 at 909, [1967] 2 All ER 900, CA.
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