Changes needed in kidnapping laws

Changes to the law relating to kidnapping, false imprisonment and child abduction are needed in order to better protect citizens in England and Wales, according to the Law Commission.

In a report published on November 20, the Commission recommends that the existing common law offences of kidnapping and false imprisonment be replaced with two new statutory offences.

If implemented by Parliament, the reforms will clarify the offences and allow for the prosecution of parents who keep their children overseas in contravention of a court order or without permission of the other parent or guardian.

The current legislation governing false imprisonment will be replaced by the statutory offence of unlawful detention, while kidnapping would become a statutory offence based on the use or threat of force to take or move the victim.

The Law Commission believes this will help clarify the distinction between kidnapping and false imprisonment and make both easier to prosecute.

Its proposals include an increase in punishment for child abduction, seeing the maximum sentence increase to 14 years to allow the courts to deal adequately with the gravest cases.

It has also recommended that the law be extended to include cases where a child is lawfully removed from the UK but then unlawfully retained abroad.

Professor David Ormerod QC, Law Commissioner for criminal law, said the recommendations will fill a gap in the law.

“The wrongful separation of a child from its parent can have a devastating effect on all involved. An opportunity exists to introduce reforms that will modernise and simplify this area of law, and allow the courts to deal adequately and appropriately with offenders, “ he added.