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Child Abduction Act 1984 in Northern Ireland

1984 c. 37 · Extends to United Kingdom

Not fully up to date. 10 changes made by later legislation have not yet been written into this text, which is revised to 1 December 2020.

See the changes not yet applied
ProvisionChangeMade by
s. 1(1A)insertedCrime and Policing Act 2026 s. 137(2)(a)
s. 1(4)words insertedCrime and Policing Act 2026 s. 137(2)(b)(i)
s. 1(4)(a)words insertedCrime and Policing Act 2026 s. 137(2)(b)(ii)
s. 1(4)(b)words insertedCrime and Policing Act 2026 s. 137(2)(b)(ii)
s. 1(4A)words insertedCrime and Policing Act 2026 s. 137(2)(c)
s. 1(5A)(b)words insertedCrime and Policing Act 2026 s. 137(2)(d)
s. 11(3)words substitutedCrime and Policing Act 2026 s. 137(3)
Sch. para. 1(2)(a)words insertedCrime and Policing Act 2026 s. 137(4)(a)
Sch. para. 2(2)(a)words insertedCrime and Policing Act 2026 s. 137(4)(b)
Sch. para. 3(2)(a)words insertedCrime and Policing Act 2026 s. 137(4)(c)

An Act to amend the criminal law relating to the abduction of children

[12th July1984]

I1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations to the whole text

Commencement

I1

Act wholly in force at 12.10.1984 see s. 13(2)

Contents

  1. 5Restriction on prosecutions for offence of kidnapping.
  2. 9Proof and admissibility of certain documents.
  3. 10Evidence.
  4. Part III: Supplementary
  5. 11Consequential amendments and repeals.
  6. 12Enactment of corresponding provision for Northern Ireland.
  7. 13Short title, commencement and extent.
  8. Schedule: Modifications of Section 1 for Children in Certain Cases
  9. Children in care of local authorities and voluntary organisations
  10. Children in places of safety
  11. Adoption and custodianship
  12. Cases within paragraphs 1 and 3
  13. 4Paragraph 4

5Restriction on prosecutions for offence of kidnapping.

Except by or with the consent of the Director of Public Prosecutions no prosecution shall be instituted for an offence of kidnapping if it was committed—

(a)

against a child under the age of sixteen; and

(b)

by a person connected with the child, within the meaning of section 1 above.

9Proof and admissibility of certain documents.

(1)

For the purposes of this Part of this Act, a document duly authenticated which purports to be—

(a)

an order or other document issued by a court of the United Kingdom (other than a Scottish court) shall be sufficient evidence of any matter to which it relates;

(b)

a copy of such an order or other document shall be deemed without further proof to be a true copy unless the contrary is shown, and shall be sufficient evidence of any matter to which it relates.

(2)

A document is duly authenticated for the purposes of—

(a)

subsection (1)(a) above of it purports to bear the seal of that court;

(b)

subsection (1)(b) above if it purports to be certified by any person in his capacity as a judge, magistrate or officer of that court to be a true copy.

10Evidence.

In any proceedings in relation to an offence under this Part of this Act it shall be presumed, unless the contrary is shown, that the child named in the order referred to in section 6(1) above, or in any copy thereof, is the child in relation to whom the proceedings have been taken.

11Consequential amendments and repeals.

(1)

At the end of paragraph 1(b) of the Schedule to the M1Visiting Forces Act 1952 (definition of “offence against the person”), there shall be inserted, appropriately numbered—

“(0)

the Child Abduction Act 1984.”.

(2)

After paragraph 2 of Schedule 1 to the M2Firearms Act 1968 there shall be inserted—

“

2A

Offences under Part I of the Child Abduction Act 1984 (abduction of children).”.

(3)

The reference to abduction in section 1(1)

of the M3Internationally Protected Persons Act 1978 F1and sections 63B(2) and 63C(2) of the Terrorism Act 2000 shall be construed as not including an offence under section 1 above or any corresponding provision in force in Northern Ireland or Part II of this Act.

(4)

In section 4(1)(a) of the M4Suppression of Terrorism Act 1978, after “11,”, there shall be inserted “11B,”; and in Schedule 1 to that Act, after paragraph 11A, there shall be inserted—

“

11B

An offence under section 2 of the Child Abduction Act 1984 (abduction of child by person other than parent etc.) or any corresponding provision in force in Northern Ireland.”.

(5)

The following provisions are hereby repealed—

(a)

section 56 of the Offences against the M5Person Act 1861;

(b)

in Schedule 1 to the M6Extradition Act 1870, the words “Child stealing”;

(c)

in paragraph 2 of schedule 1 to the M7Firearms Act 1968, the words “section 56 (child-stealing and abduction)”.

12Enactment of corresponding provision for Northern Ireland. E+W+N.I.

An Order in Council under paragraph 1(1)(b) of schedule 1 to the M1Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it operates only so as to make for Northern Ireland provision corresponding to Part I of this Act—

(a)

shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

(b)

shall be subject to annulment in pursuance of a resolution of either House.

13Short title, commencement and extent.

(1)

This Act may be cited as the Child Abduction Act 1984.

(2)

This Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

(3)

Part I of this Act extends to England and Wales only, Part II extends to Scotland only and in Part III section 11(1) and (5)(a) and section 12 do not extend to Scotland and section 11(1), (2) and (5)(a) and (c) does not extend to Northern Ireland.

4

In the case of a child falling within both paragraph 1 and paragraph 3 above, the provisions of paragraph 3 shall apply to the exclusion of those in paragraph 1.