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  • Abduction info
    by mermaid at 19:28 on 27 April 2007
    I want to write a storyline where an orphan is abducted from a children's home, and I really need to know what would realistically happen re the kidnappers & the law. If/when they were tracked down by the police, what would happen in court? What sort of sentence might they get? And how concerned (or not) would the police be, in the first place, being as the child is an orphan?

    Before they are found out, the kidnappers bring up the child as their own - a really good upbringing - there is absolutely nothing abusive about the situation. The child sees them (and loves them) as its parents.

    Does anyone on WW know the ins and outs, or else where I could find this sort of info?

    I'd be hugely grateful for any leads, as I'm not sure where to start.
  • Re: Abduction info
    by NMott at 20:11 on 27 April 2007
    Tricky one, mermaid, since it partly depends on what you want to happen.
    If they got a sympathetic judge who took the child's wishes into consideration (and especially if the couple were saving the child from an abusive situation in the orphanage), then they could all live happily ever after - maybe with a suspended sentence for the kidnapping and home visits from the local social services to check on the child's welfare, before allowing the child to be officially adopted.
    A lot of children run away from orphanages, with minimal police investigation and zero reporting in the media.

    Probably, as soon as the child was identified - say during a visit to hospital - the doctor would phone social services and the police. Assuming the child is under 16, a Social worker would place the child in foster care (with foster parents) while the police investigated the circumstances of the child's abduction (the couple could simply claim the child ran away from the home and they took it in, which would not be kidnaping).
    The couple could be placed in jail, (or released on bail if the police have no reason to suspect sexual abuse), while the police investigations continued. If sexual abuse was suspected they would probably be kept in jail in the lead up to the court case - which could be months.

    - NaomiM

    Sentencing for kidnap: up to 18 months (probably out in 6 months).

    http://www.sentencing-guidelines.gov.uk/docs/complete_compendium.pdf

    Kidnapping
    Kidnapping may also be relevant in the context of s.62 of the Sexual Offences Act 2003
    which makes it an offence to commit an offence with the intention of committing a sexual offence.
    R v Spence and Thomas (1983) 5 Cr.App.R.(S) 413
    Guidelines
    Current Sentencing Practice Reference: B3-4
    Circumstances Guideline sentence
    1. Violence or firearm used, exacerbating More than 8 years’ imprisonment features such as detention of victim
    over long period
    2. Carefully planned abductions, victim Seldom less than 8 years’ imprisonment used as hostage, or ransom money
    demanded
    3. Scarcely kidnapping, perhaps the Up to 18 months’ imprisonment sequel to a family tiff or lovers’ dispute

    <Added>

    Oops, that last bit got screwed up:

    Circumstances Guideline sentence
    1. Violence or firearm used, exacerbating features such as detention of victim over long period: More than 8 years’ imprisonment

    2. Carefully planned abductions, victim used as hostage, or ransom money demanded: Seldom less than 8 years’ imprisonment

    3. Scarcely kidnapping, perhaps the sequel to a family tiff or lovers’ dispute: Up to 18 months’ imprisonment
  • Re: Abduction info
    by geoffmorris at 20:13 on 27 April 2007
    For general guidance see the Home Office website the Crown Prosecution Service site would be another.
  • Re: Abduction info
    by geoffmorris at 20:16 on 27 April 2007
    Naomi,

    What do you do for a living?
  • Re: Abduction info
    by NMott at 20:22 on 27 April 2007
    Read a lot of non-fiction.

    <Added>

    Oh, and listen to an awful lot of gossip. You should hear some of the stuff the local GP's wife comes out with -enough to keep me in story lines for years :)
  • Re: Abduction info
    by geoffmorris at 20:28 on 27 April 2007
    Shame,

    There's me thinking you're some kind of legal eagle.
  • Re: Abduction info
    by mermaid at 21:02 on 27 April 2007
    Naomi & Geoff,

    That is so helpful - I can't thank you enough. The type of scenario that you describe is exactly the kind of thing I was hoping I'd hear, Naomi, so that's great.

    Cheers guys

    Mermaid
  • Re: Abduction info
    by NMott at 22:15 on 27 April 2007
    Good luck with it mermaid.
  • Re: Abduction info
    by RT104 at 09:55 on 04 May 2007
    Hi Mermaid,

    I only just stumbled across this thread. Although I don't know anything about the criminal law side - which Naomi and Geoff seems to have given you chapter and verse on, anyway! - but I do know about the civil law (family law) side - child protection, etc. - which I lecture on at uni (as well as through having myself adopted children from the care syatem). If you want any little bits of details and stuff on that side of things -procedures, what factors courts take into account, etc. - then do WW me. (Probably better than boring people silly on a thread!)

    Rosy