Page:Child Abduction Act 1984.pdf/5

Restriction on prosecutions for offence of kidnapping. 5. 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.

Part II
Offence under Law of Scotland

Offence in Scotland of parent, etc. taking or sending child out of United Kingdom. 6.—(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; 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 (whether solely or jointly with any other person); or

(c) in the case of an illegitimate child, 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 (whether solely or jointly with any other person) by an order of a court in the United Kingdom; or

(ii) the leave of that court;