Have you been charged with Child Stealing?
There are a number of things to consider if you have been charged with this offence.
Did you take a child away from his or her parent/guardian by force or fraud? Did you do this with the intention of depriving the parent/guardian of the child, or to steal any item from the child? Or did you knowingly receive or harbor a child who had been stolen from their parent/guardian?
There is no offence committed if the child, of his or her own accord, without any inducement by the defendant, removes himself or herself out of the possession of the parent. If available, this is a viable option for mounting a defence.
These are the type of issues that need to be considered with an experienced criminal lawyer prior to telling the Court how you intend to plead.
Please read below for more information in relation to this charge.
The offence
Section 63 of the Crimes Act 1958.
The first child stealing offence requires that the prosecution prove that:
- The defendant took, decoyed, enticed away or detained a person
2. That person was a child under the age of 16
3. The taking or other conduct was achieved by force or fraud
The defendant intended to:
- Deprive any parent, guardian or any other person having the lawful care or charge of the child of the possession of the child; or
- Steal any item from the child.
4. The defendant acted without lawful excuse.
The second child stealing offence requires that the prosecution prove that:
- The defendant received or harboured a person
2. That person was a child under the age of 16
3. The defendant intended to:
- Deprive any parent or guardian or any other person having the lawful care or charge of such child of the possession of such child; or
- Steal any article upon or about the person of such child
4. The defendant knew that the child had been led, taken, decoyed, enticed away or detained by force or fraud.
The third child stealing offence requires the prosecution to prove that:
The defendant took away, decoyed or enticed away a person
The person was a child under the age of 16
The defendant took the child out of the possession of the child’s parent, guardian or other person with lawful care or charge of the person
The taking was against the will of the child’s parent, guardian or other person with lawful care or charge of the person
At the time of his or her conduct, the defendant intended to take a child, known or believed to be under the age of 16, from the care of a parent or guardian and that the taking was against the will of the child’s parent or guardian; and
The defendant acted without lawful excuse.
The maximum penalty
Level 6 imprisonment being a maximum of 5 years.
Where will my case be heard?
Child Stealing will usually be heard in the Magistrates’ Court or County Court.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next
Consult a specialist criminal lawyer urgently. Don’t delay – good preparation is critical in determining the outcome of your proceedings.
If you have been charged with Child Stealing make an appointment to see one of our experienced lawyers today.
The legislation
Section 63 Child stealing
(1) Whosoever unlawfully either by force or fraud leads or takes away or decoys or entices away or detains any child under the age of sixteen years, with intent to deprive any parent or guardian or any other person having the lawful care or charge of such child of the possession of such child or with intent to steal any article upon or about the person of such child; and whosoever with any such intent receives or harbors any such child knowing the same to have been by force or fraud led taken decoyed enticed away or detained, shall be guilty of an indictable offence, and shall be liable to level 6 imprisonment (5 years maximum).
No person who has claimed any right to the possession of such child, or is the mother or has claimed to be the father of an illegitimate child, shall be liable to be prosecuted under this or the next succeeding subsection on account of the getting possession of such child or taking such child out of the possession of any person having the lawful care or charge thereof.
(2) Whosoever unlawfully takes decoys or entices away any child under the age of sixteen years out of the possession and against the will of the child’s parent or guardian or of any other person having the lawful care or charge of the child shall be guilty of an indictable offence of child stealing, and shall be liable to level 6 imprisonment (5 years maximum).
