AB, Regina v: CACD 28 Nov 2019
Citations: [2019] EWCA Crim 2480 Links: Bailii Statutes: Child Abduction Act 1984 2(1)(b) Jurisdiction: England and Wales Criminal Sentencing Updated: 24 November 2022; Ref: scu.650535
Citations: [2019] EWCA Crim 2480 Links: Bailii Statutes: Child Abduction Act 1984 2(1)(b) Jurisdiction: England and Wales Criminal Sentencing Updated: 24 November 2022; Ref: scu.650535
The claimant had produced the Star War films which made use of props, in particular a ‘Stormtrooper’ helmet designed by the defendant. The defendant had then himself distributed models of the designs he had created. The appellant obtained judgment against the respondent in the US for punitive damages, but these had not been collected, and … Continue reading Lucasfilm Ltd and Others v Ainsworth and Another: SC 27 Jul 2011
The child abduction offence may be complete without physical removal. ‘removal from lawful control’ under the Act did not import a necessary spatial element. The issue is the removal of control. Citations: Gazette 24-Mar-1993, (1993) 98 Cr App R 179, Times 21-Jan-1993 Statutes: Child Abduction Act 1984 2(1)(a) Jurisdiction: England and Wales Cited by: Cited … Continue reading Regina v Leather: CA 24 Mar 1993
The offence of attempted child-abduction is an offence of assault or threat of injury, and so the evidence in chief of the child complainant could be given by video recording, and any cross examination be done by live television link. Citations: Gazette 03-Feb-1999, Times 28-Dec-1998 Statutes: Child Abduction Act 1984 2, Criminal Justice Act 1988 … Continue reading Regina v McAndrew-Bingham: CACD 28 Dec 1998
To be convicted of the offence of child abduction, it need only be shown that the defendant was the effective cause of the abduction, not that he was the sole cause of the abduction. Here the appellant had been convicted after going to London with a fifteen year old girl, who wanted to leave home. … Continue reading Regina v A (Child Abduction): CACD 15 Oct 1999
A conviction for child abduction was set aside. There had been a wrong direction on ‘child in question’. Citations: Times 29-Jan-1996 Statutes: Child Abduction Act 1984 2(3) Jurisdiction: England and Wales Crime Updated: 08 October 2022; Ref: scu.86119
The defendant appealed against the refusal of the judge to allow her defence of necessity in answer to a charge under section 1 of the 1984 Act. She said that it had been necessary to prevent the child being sexually abused. Held: The appeal failed: ‘the legislative scheme relating to the protection of children, of … Continue reading Regina v CS: CACD 29 Feb 2012
The court considered sentencing arrangements for breaches of the 1984 Act. Lord Judge, LCJ, said: ‘The abduction of children from a loving parent is an offence of unspeakable cruelty to the loving parent and to the child or children . . It is a cruel offence even if the criminal responsible for it is the … Continue reading Regina v Kayani, Solliman: CACD 13 Dec 2011
The five applicants had lived in the UK for at least three years while attending school or college. All five were subject to immigration control, four had entered as students with limited leave to remain for the duration of their studies, and the fifth had entered with his parents for settlement and had indefinite leave … Continue reading Regina v Barnet London Borough Council, Ex parte Shah: HL 16 Dec 1982
Judges: Lord Justice Hamblen Citations: [2019] EWCA Crim 1722 Links: Bailii Statutes: Child Abduction Act 1984 2(1)(b) Jurisdiction: England and Wales Crime Updated: 07 September 2022; Ref: scu.643861
Judges: Pill LJ, King J, Same Heather Steele Citations: [2008] EWCA Crim 1870, [2008] MHLR 202 Links: Bailii Statutes: Child Abduction Act 1984, Criminal Appeal Act 1968 6 Criminal Practice, Health Updated: 13 August 2022; Ref: scu.396434
Where there had been an attempted abduction of a child, there was little existing guidance on the proper sentencing. The abduction did not last long and the child was not apparently disturbed. The mother remained distressed. A sentence of three years imprisonment was too long, but to years remained appropriate. Citations: Times 06-Feb-2001 Statutes: Child … Continue reading Regina v Nelmes: CACD 6 Feb 2001
The child, aged 15, was living with her foster parents. The defendants took her to their address and plied her with drink. The foster parents contacted her, and she said she was returning home. When she did not return the foster parents reported her missing. The police contacted the defendants. The girl hid at the … Continue reading Foster and Another v Director of Public Prosecutions: CACD 1 Dec 2004
Citations: [2000] 1 Cr App 195 Statutes: Child Abduction Act 1984 2 Jurisdiction: England and Wales Cited by: Cited – Foster and Another v Director of Public Prosecutions CACD 1-Dec-2004 The child, aged 15, was living with her foster parents. The defendants took her to their address and plied her with drink. The foster parents … Continue reading In re Owens: QBD 2000
The Solicitor General sought the committal of the respondent for alleged contempt of court. There had been repeated litigation between the respondent and her former husband as to whether the children should live in Spain with the father or in Wales with the mother. An order, with penal notice attached requiring the respondent to return … Continue reading Jones, Re (Alleged Contempt of Court): FD 21 Aug 2013
The court was asked whether it had jurisdiction to hear applications with regard to a child removed from Scotland. The father lived in Scotland, and the mother and child in England. The child had been habitually resident in Scotland and removed to . .
The court was asked whether, and in what circumstances, the decision of the Crown Prosecution Service not to prosecute a parent for child abduction contrary to Section 1 of the 1984 Act may be the subject of judicial review. . .
. .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
Mrs. Nessa arrived at Heathrow aged 55 having lived all her life in Bangladesh. Her husband, Mr. Mobarak Ali, had lived in the United Kingdom from 1962 until he died in 1975 and when she arrived here, Mrs. Nessa had a right of abode. She hoped to live with her husband’s brother. Her three children, … Continue reading Nessa v Chief Adjudication Officer: HL 3 Nov 1999
The defendant offered money to a 14 year old boy who was on his way home from school to return to his home. The boy continued toward his home, but the defendant committed sexual ssaults on him. Held: The defendant’s appeal against attempted abduction was dismissed. Had he persuaded the boy to return with him, … Continue reading Regina v Mousir: CACD 1987