Moved by
Lord Kennedy of Southwark
220: After Clause 145, insert the following new Clause—
“Offence of abduction of a vulnerable child aged 16 or 17
(1) A person shall be guilty of an offence if, knowingly and without lawful authority or reasonable excuse, he or she—
(a) takes a child to whom this section applies away from the responsible person;
(b) keeps such a child away from the responsible person; or
(c) induces, assists or incites such a child to run away or stay away from the responsible person or from a child’s place of residence.
(2) This section applies in relation to a child aged 16 or 17 who is—
(a) a child in need within the meaning of section 17 of the Children Act 1989 (provision of services for children in need, their families and others);
(b) a child looked after under section 20 of the Children Act 1989 (provision of accommodation for children: general);
(c) a child housed alone under Part 7 of the Housing Act 1996 (homelessness: England); or
(d) a child who is suffering or is likely to suffer significant harm subject to section 47(1)(b) of the Children Act 1989 (local authority’s duty to investigate).
(3) In this section “the responsible person” is—
(a) a person with a parental responsibility as defined in the Children Act 1989;
(b) a person who for the time being has care of a vulnerable child aged 16 or 17 by virtue of a care order, an emergency protection order, or protection under section 46 of the Children Act 1989 (removal and accommodation of children by police in cases of emergency); or
(c) any other person as defined in regulations for the purposes of this section.
(4) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or both; or
(b) on conviction on indictment, to imprisonment for a term not exceeding seven years.
(5) No prosecution for an offence under this section shall be instituted except by or with the consent of the Director of Public Prosecutions.”