OpenLegislation

Child Abduction Act 1984 in Scotland

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(4A)words insertedCrime and Policing Act 2026 s. 137(2)(c)
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(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. Part II: Offence under Law of Scotland
  3. 6Offence in Scotland of parent, etc. taking or sending child out of United Kingdom.
  4. 7Power of arrest. Repealed
  5. 8Penalties and prosecutions.
  6. 9Proof and admissibility of certain documents.
  7. 10Evidence.
  8. Part III: Supplementary
  9. 11Consequential amendments and repeals.
  10. 13Short title, commencement and extent.
  11. Schedule: Modifications of Section 1 for Children in Certain Cases
  12. Children in care of local authorities and voluntary organisations
  13. Children in places of safety
  14. Adoption and custodianship
  15. Cases within paragraphs 1 and 3
  16. 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.

6Offence in Scotland of parent, etc. taking or sending child out of United Kingdom. S

(1)

Subject to subsections (4) and (5) below, a person connected with a child under the age of sixteen years commits an offence if he takes or sends the child out of the United Kingdom—

(a)

without the appropriate consent if there is in respect of the child—

(i)

an order of a court in the United Kingdom awarding custody of the child to any person F1or naming any person as the person with whom the child is to live; or

(ii)

an order of a court in England, Wales or Northern Ireland making the child a ward of court;

(b)

if there is in respect of the child an order of a court in the United Kingdom prohibiting the removal of the child from the United Kingdom or any part of it.

(2)

A person is connected with a child for the purposes of this section if—

(a)

he is a parent or guardian of the child; or

(b)

there is in force an order of a court in the United Kingdom awarding custody of the child to him F2or naming him as the person with whom the child is to live(whether solely or jointly with any other person); or

(c)

in the case of F3a child whose parents are not and have never been married to one another, there are reasonable grounds for believing that he is the father of the child.

(3)

In this section, the “appropriate consent” means—

(a)

in relation to a child to whom subsection (1)(a)(i) above applies—

(i)

the consent of each person

(a)

who is a parent or guardian of the child; or

(b)

to whom custody of the child has been awarded F4or who is named as the person with whom the child is to live (whether the award is made, or the person so named is named solely or jointly with any other person) by an order of a court in the United Kingdom; or

(ii)

the leave of that court;

(b)

in relation to a child to whom subsection (1)(a)(ii) above applies, the leave of the court which made the child a ward of court;

Provided that, in relation to a child to whom more than one order referred to in subsection (1)(a) above applies, the appropriate consent may be that of any court which has granted an order as referred to in the said subsection (1)(a); and where one of these orders is an order referred to in the said subsection (1)(a)(ii) no other person as referred to in paragraph (a)(i) above shall be entitled to give the appropriate consent.

(4)

In relation to a child to whom subsection (1)(a)(i) above applies, a person does not commit an offence by doing anything without the appropriate consent if—

(a)

he does it in the belief that each person referred to in subsection (3)(a)(i) above—

(i)

has consented; or

(ii)

would consent if he was aware of all the relevant circumstances; or

(b)

he has taken all reasonable steps to communicate with such other person but has been unable to communicate with him.

(5)

In proceedings against any person for an offence under this section it shall be a defence for that person to show that at the time of the alleged offence he had no reason to believe that there was in existence an order referred to in subsection (1) above.

(6)

For the purposes of this section—

(a)

a person shall be regarded as taking a child if he causes or induces the child to accompany him or any other person, or causes the child to be taken; and

(b)

a person shall be regarded as sending a child if he causes the child to be sent.

(7)

In this section “guardian” means F5 . . . a person appointed by deed or will or by order of a court of competent jurisdiction to be the guardian of a child.

7Power of arrest.F1 S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8Penalties and prosecutions. S

A person guilty of an offence under this Part of this Act shall be liable—

(a)

on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum F1. . ., or both; or

(b)

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.

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)”.

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.