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NCJRS Abstract

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NCJ Number: 99610 Find in a Library
Title: Child Abduction - What Changes, If Any, Should Be Made to the Criminal Law Relating to the Abduction of Children? - An Invitation to Comment
Corporate Author: Scottish Law Cmssn
United Kingdom
Date Published: Unknown
Page Count: 26
Sponsoring Agency: Colorado Legislative Council
Denver, CO 80203
National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Scottish Law Cmssn
Edinburgh, EHP 1PR, Scotland
Sale Source: Colorado Legislative Council
State Capitol Building
Denver, CO 80203
United States of America

National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Document: PDF
Language: English
Country: United Kingdom
Annotation: Following a review of current child abduction provisions in Scotland and their deficiences, four categories of child abduction which should be made criminal are delineated.
Abstract: At present, child abduction is covered by three major provisions: plagium (the common law crime of child stealing), which makes abduction a property offense in cases involving children below the age of puberty; the law of abduction, which requires an element of involuntariness that could cause problems when applied to minors; and the 1984 Child Abduction Act, which makes it an offense for a parent or guardian to remove a child from the United Kingdom without the appropriate consent of parents, guardians, and/or the court. It is argued that plagium is an outmoded concept and should be abolished, and that the 1984 Child Abduction Act is too broad in its consent reuirements and too narrow in not covering abductions by strangers (i.e., nonparents or noncustodians). It is suggested that four categories of abduction should be made criminal: the taking of a child to cause harm or distress; abduction of a child from the lawful control of another; removal of a child from an other's control by the use of violence; and taking a child out of the country when there is a court order expressly forbidding it or when the abduction is meant to prevent the child's custody status from being decided or controlled by the Scottish courts. Included is a 17-item questionnaire soliciting comments on the analysis and proposed law reforms.
Index Term(s): Child Abduction; Child custody; Kidnapping; Law reform; Scotland
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=99610

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