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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Would police charge family elderly parent

Customer Question

Hello. Would police charge family for abducting elderly parent from Care home because they don't want the dementia parent to be placed in hospital for long term care?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

Hello, this is research for a novel. Can you help or am I taking up your time? I'm trying to find out if family would be charged and what sentence, if any, would they incur

Expert:  Jo C. replied 2 years ago.
It is quite unlikely that they would.
There isn't an offence of abduction that applies. There is an offence of child abduction but this person is not a child. That offence can be committed when a person induces a child away from legitimate care without any force at all. Proper application of that offence, according to CPS, is to charge an 18 year old boy with child abduction for inviting his 15 year old girlfriend over without her parent's consent. The jury did not agree and rightly so.
There is an offence of kidnapping which you will find here
http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/kidnapping_false_imprisonment/
It is contrary to common law but the case of Spence and Thomas gives you very helpful guidance.
The current definition is
'Kidnapping is an offence created by judges in the seventeenth century. The current definition is that kidnapping is an attack on or infringement of personal liberty, consisting of the taking or carrying away of one person by another, by force or fraud, without the consent of the person taken or carried away, and without lawful excuse.'
Therefore, I am not sure this does amount to an offence I'm afraid.
Unless there is actually a court order preventing him from removing here it would not amount to a contempt. Or alternatively if she were held on section of the Mental Health Act.
I'm very sorry if that is bad news.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Sorry for delay, I lost you!!

Your answer has helped me move forward. Thank you!

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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