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Revisiting child abduction: solving the problems in Nicolaou and Kayani
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Introduction
Two
deficiencies in the regime created by the Child Abduction Act 1984 (the 1984
Act) were highlighted in the cases of
Kayani
[2011] EWCA Crim 2871, [2012] 1 WLR 1927 and R (
Nicolaou) v Redbridge
Magistrates’ Court
[2012] EWHC 1647 (Admin), [2012] 2 Cr App R 23 respectively.
As part of a larger project, also including recommendations for the replacement
of the common law offences of kidnapping and false imprisonment in statute, the
Law Commission has made recommendations designed to resolve these problems with
the law on child abduction.
There
are two child abduction offences under the 1984 Act. First, section 1, child
abduction by parents (or connected persons), committed by taking or sending a
child out of the
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