Kidnapping & Abduction
NON-FATAL OFFENCES AGAINST THE PERSON ACT 1997
Annotations:
Editorial Notes:
E18
Offence under section deemed to be a serious offence for purposes of Communications (Retention of Data) Act 2011 (26.01.2011) by Communications (Retention of Data) Act 2011 (3/2011), s. 1 and sch. 1 para. 3, commenced on enactment.
E19
A fine of £1,500 converted (1.01.1999) to €1,904.61. This translates into a class C fine not greater than €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2) and table ref. no. 1, S.I. No. 662 of 2010.
False imprisonment.
15.—(1) A person shall be guilty of the offence of false imprisonment who intentionally or recklessly—
(a) takes or detains, or
(b) causes to be taken or detained, or
(c) otherwise restricts the personal liberty of,
another without that other’s consent.
(2) For the purposes of this section, a person acts without the consent of another if the person obtains the other’s consent by force or threat of force, or by deception causing the other to believe that he or she is under legal compulsion to consent.
(3) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or
(b) on conviction on indictment, to imprisonment for life.
Annotations:
Editorial Notes:
E22
A fine of £1,500 converted (1.01.1999) to €1,904.61. This translates into a class C fine not greater than €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2) and table ref. no. 1, S.I. No. 662 of 2010.
E23
Offence under section listed as offence for the purposes of Criminal Justice Act 2007, Part 3 (18.05.2007) by Criminal Justice Act 2007 (29/2007), ss. 25, 26 and sch. 2 para. 2(c), S.I. No. 236 of 2007.
E24
Gardaà have powers of detention in relation to an offence under section involving the use of a firearm as provided (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 50(1)(d), S.I. No. 236 of 2007.
Abduction of child by parent, etc.
16.—(1) A person to whom this section applies shall be guilty of an offence, who takes, sends or keeps a child under the age of 16 years out of the State or causes a child under that age to be so taken, sent or kept—
(a) in defiance of a court order, or
(b) without the consent of each person who is a parent, or guardian or person to whom custody of the child has been granted by a court unless the consent of a court was obtained.
(2) This section applies to a parent, guardian or a person to whom custody of the child has been granted by a court but does not apply to a parent who is not a guardian of the child.
(3) It shall be a defence to a charge under this section that the defendant—
(a) has been unable to communicate with the persons referred to in subsection (1) (b) but believes they would consent if they were aware of the relevant circumstances; or
(b) did not intend to deprive others having rights of guardianship or custody in relation to the child of those rights.
(4) A person guilty of an offence under this section shall be liable—
(a) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or
(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 7 years or to both.
(5) Any proceedings under this section shall not be instituted except by or with the consent of the Director of Public Prosecutions.
Annotations:
Editorial Notes:
E25
A fine of £1,500 converted (1.01.1999) to €1,904.61. This translates into a class C fine not greater than €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2) and table ref. no. 1, S.I. No. 662 of 2010.
Abduction of child by other persons.
17.—(1) A person, other than a person to whom section 16 applies, shall be guilty of an offence who, without lawful authority or reasonable excuse, intentionally takes or detains a child under the age of 16 years or causes a child under that age to be so taken or detained—
(a) so as to remove the child from the lawful control of any person having lawful control of the child; or
(b) so as to keep him or her out of the lawful control of any person entitled to lawful control of the child.
(2) It shall be a defence to a charge under this section that the defendant believed that the child had attained the age of 16 years.
(3) A person guilty of an offence under this section shall be liable—
(a) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or
(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 7 years or to both.
Annotations:
Editorial Notes:
E26
A fine of £1,500 converted (1.01.1999) to €1,904.61. This translates into a class C fine not greater than €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2) and table ref. no. 1, S.I. No. 662 of 2010.