NCJ Number
99609
Date Published
1985
Length
121 pages
Annotation
This consultative memorandum examines existing Scottish law pertaining to child abduction, makes suggestions for reform, and solicits expert opinions on both the analyses of existing law and reform options.
Abstract
At present, child abduction is covered by plagium (the common law crime of child stealing), the law of abduction, and the 1984 Child Abduction Act, as well as some provisions relating to sexual offenses. These provisions suffer from a variety of deficiencies, including outmoded notions of a property interest in the child, age and voluntariness requirements, ambiguity of definitions, and a scope that is too broad in some respects and too limited in others. The memorandum examines the nature of the problems in devising appropriate laws dealing with child abduction, along with approaches taken by Canada, the United States, and England and Wales (which are covered by separate provisions of the Child Abduction Act). A categorization of child abduction is proposed which distinguishes among abductions: those undertaken so as to cause harm or distress to the child, those that take a child from the lawful control of another, those by one parent that take the child from another, and those that take a child out of the United Kingdom. Pros and cons of various reform options then are considered. It is suggested that a statutory provision be enacted that would make it a crime for any person, other than the person expressly< excluded from the scope of the crime to take, remove, or detain a child without the lawful authority or without the consent of the person having lawful control of the child. Ancillary issues related to extraterritorial abduction and to children in care are discussed. A summary of questions and proposals on which consultant opinions are sought is provided, as is a copy of the 1984 Child Abduction Act.