What does "... however Madeleine left the apartment, she was abducted" mean?

[Miss Taken Identity]

I have six honest serving men they taught me all I knew their names are what and where and when and how and why and who.
I down five to go.
Dare I suggest the most important five.

lol I got that lil chat years ago from my gran! My neighbour was  a high ranking police officer retired.

 ok gowan gowan gowan name em ... start with
what...

[G-Unit]

Abduction;

the action of forcibly taking someone away against their will.

Law. the illegal carrying or enticing away of a person

the act of taking someone away by force or cunning

the wrongful taking away (usually by force) of a person.

[Robittybob1]

Abduction;

the action of forcibly taking someone away against their will.

Law. the illegal carrying or enticing away of a person

the act of taking someone away by force or cunning

the wrongful taking away (usually by force) of a person.

the 4th definition could cover a deceased person.

[Carana]

the 4th definition could cover a deceased person.

Child Abduction Act 1984


    1984 c. 37 Part I Section 2

Offence of abduction of child by other persons.

(1)[F1Subject to subsection (3) below, a person, other than one mentioned in subsection (2) below.] commits an offence if, without lawful authority or reasonable excuse, he takes or detains a child under the age of sixteen—

(a)so as to remove him from the lawful control of any person having lawful control of the child; or

(b)so as to keep him out of the lawful control of any person entitled to lawful control of the child.

https://www.legislation.gov.uk/ukpga/1984/37/section/2

[Carana]

AFAIK, the notion of "against their will" doesn't apply to a minor: it's still technically abduction even if the child is a 15-year-old (i.e. under the age of consent) who willingly takes off with (I presume) an adult without parental consent.

ETA: IMO, the "against their will" implies that the person has a say in the matter and is therefore necessarily alive. However, if that notion doesn't apply to minors, the question of dead or alive may be irrelevant.

That legal definition from the Child Act doesn't actually stipulate a living child.

[G-Unit]

Child Abduction Act 1984


    1984 c. 37 Part I Section 2

Offence of abduction of child by other persons.

(1)[F1Subject to subsection (3) below, a person, other than one mentioned in subsection (2) below.] commits an offence if, without lawful authority or reasonable excuse, he takes or detains a child under the age of sixteen—

(a)so as to remove him from the lawful control of any person having lawful control of the child; or

(b)so as to keep him out of the lawful control of any person entitled to lawful control of the child.

https://www.legislation.gov.uk/ukpga/1984/37/section/2

'Other persons' weren't mentioned by Rowley, just 'abduction'. 

[Carana]

'Other persons' weren't mentioned by Rowley, just 'abduction'.

What's the alternative? Parental abduction?

1 Offence of abduction of child by parent, etc.

(1)Subject to subsections (5) and (8) below, a person connnected with a child under the age of sixteen commits an offence if he takes or sends the child out of the United Kingdom without the appropriate consent.

[F1(2)A person is connected with a child for the purposes of this section if—

(a)he is a parent of the child; or

(b)in the case of a child whose parents were not married to each other at the time of his birth, there are reasonable grounds for believing that he is the father of the child; or

(c)he is a guardian of the child; or

[F2(ca)he is a special guardian of the child; or]

(d)he is a person [F3named in a child arrangements order as a person with whom the child is to live; or]

(e)he has custody of the child.

(3)In this section ’the appropriate consent’, in relation to a child, means—

(a)the consent of each of the following—

(i)The child’s mother;

(ii)the child’s father, if he has parental responsibility for him;

(iii)any guardian of the child;

[F4(iiia)any special guardian of the child;]

[F5(iv)any person named in a child arrangements order as a person with whom the child is to live;]

(v)any person who has custody of the child; or

(b)the leave of the court granted under or by virtue of any provision of Part II of the Children Act 1989; or

(c)if any person has custody of the child, the leave of the court which awarded custody to him.

(4)A person does not commit an offence under this section by taking or sending a child out of the United Kingdom without obtaining the appropriate consent if—

[F6(a)he is a person [F7named in a child arrangements order as a person with whom the child is to live] and he takes or sends the child out of the United Kingdom for a period of less than one month; or]

[F6(b)he is a special guardian of the child and he takes or sends the child out of the United Kingdom for a period of less than three months.]

(4A)Subsection (4) above does not apply if the person taking or sending the child out of the United Kingdom does so in breach of an order under Part II of the Children Act 1989.]

(5)A person does not commit an offence under this section by doing anything without the consent of another person whose consent is required under the foregoing provisions if—

(a)he does it in the belief that the other person—

(i)has consented; or

(ii)would consent if he was aware of all the relevant circumstances; or

(b)he has taken all reasonable steps to communicate with the other person but has been unable to communicate with him; or

(c)the other person has unreasonably refused to consent,

[F8(5A)Subsection (5)(c) above does not apply if—

(a)the person who refused to consent is a person—

[F9(i)named in a child arrangements order as a person with whom the child is to live;]

[F10(ia)who is a special guardian of the child; or]

(ii)who has custody of the child; or

(b)the person taking or sending the child out of the United Kingdom is, by so acting, in breach of an order made by a court in the United Kingdom.]

(6)Where, in proceedings for an offence under this section, there is sufficent evidence to raise an issue as to the application of subsection (5) above, it shall be for the prosecution to prove that that subsection does not apply.

[F11(7)For the purposes of this section—

(a) “guardian of a child”, [F12 “special guardian”, ] [F13 “child arrangements] order” and “parental responsibility” have the same meaning as in the Children Act 1989; and

(b)a person shall be treated as having custody of a child if there is in force an order of a court in the United Kingdom awarding him (whether solely or jointly with another person) custody, legal custody or care and control of the child.]

(8)This section shall have effect subject to the provisions of the Schedule to this Act in relation to a child who is in the care of a local authority [F14detained in a place of safety, remanded [F15otherwise than on bail] or the subject of] proceedings or an order relating to adoption.

https://www.legislation.gov.uk/ukpga/1984/37/section/1

[G-Unit]

What's the alternative? Parental abduction?

1 Offence of abduction of child by parent, etc.

(1)Subject to subsections (5) and (8) below, a person connnected with a child under the age of sixteen commits an offence if he takes or sends the child out of the United Kingdom without the appropriate consent.

[F1(2)A person is connected with a child for the purposes of this section if—

(a)he is a parent of the child; or

(b)in the case of a child whose parents were not married to each other at the time of his birth, there are reasonable grounds for believing that he is the father of the child; or

(c)he is a guardian of the child; or

[F2(ca)he is a special guardian of the child; or]

(d)he is a person [F3named in a child arrangements order as a person with whom the child is to live; or]

(e)he has custody of the child.

(3)In this section ’the appropriate consent’, in relation to a child, means—

(a)the consent of each of the following—

(i)The child’s mother;

(ii)the child’s father, if he has parental responsibility for him;

(iii)any guardian of the child;

[F4(iiia)any special guardian of the child;]

[F5(iv)any person named in a child arrangements order as a person with whom the child is to live;]

(v)any person who has custody of the child; or

(b)the leave of the court granted under or by virtue of any provision of Part II of the Children Act 1989; or

(c)if any person has custody of the child, the leave of the court which awarded custody to him.

(4)A person does not commit an offence under this section by taking or sending a child out of the United Kingdom without obtaining the appropriate consent if—

[F6(a)he is a person [F7named in a child arrangements order as a person with whom the child is to live] and he takes or sends the child out of the United Kingdom for a period of less than one month; or]

[F6(b)he is a special guardian of the child and he takes or sends the child out of the United Kingdom for a period of less than three months.]

(4A)Subsection (4) above does not apply if the person taking or sending the child out of the United Kingdom does so in breach of an order under Part II of the Children Act 1989.]

(5)A person does not commit an offence under this section by doing anything without the consent of another person whose consent is required under the foregoing provisions if—

(a)he does it in the belief that the other person—

(i)has consented; or

(ii)would consent if he was aware of all the relevant circumstances; or

(b)he has taken all reasonable steps to communicate with the other person but has been unable to communicate with him; or

(c)the other person has unreasonably refused to consent,

[F8(5A)Subsection (5)(c) above does not apply if—

(a)the person who refused to consent is a person—

[F9(i)named in a child arrangements order as a person with whom the child is to live;]

[F10(ia)who is a special guardian of the child; or]

(ii)who has custody of the child; or

(b)the person taking or sending the child out of the United Kingdom is, by so acting, in breach of an order made by a court in the United Kingdom.]

(6)Where, in proceedings for an offence under this section, there is sufficent evidence to raise an issue as to the application of subsection (5) above, it shall be for the prosecution to prove that that subsection does not apply.

[F11(7)For the purposes of this section—

(a) “guardian of a child”, [F12 “special guardian”, ] [F13 “child arrangements] order” and “parental responsibility” have the same meaning as in the Children Act 1989; and

(b)a person shall be treated as having custody of a child if there is in force an order of a court in the United Kingdom awarding him (whether solely or jointly with another person) custody, legal custody or care and control of the child.]

(8)This section shall have effect subject to the provisions of the Schedule to this Act in relation to a child who is in the care of a local authority [F14detained in a place of safety, remanded [F15otherwise than on bail] or the subject of] proceedings or an order relating to adoption.

https://www.legislation.gov.uk/ukpga/1984/37/section/1

Just 'illegally carrying away' seems to cover various possibilities.

[Robittybob1]

AFAIK, the notion of "against their will" doesn't apply to a minor: it's still technically abduction even if the child is a 15-year-old (i.e. under the age of consent) who willingly takes off with (I presume) an adult without parental consent.

ETA: IMO, the "against their will" implies that the person has a say in the matter and is therefore necessarily alive. However, if that notion doesn't apply to minors, the question of dead or alive may be irrelevant.

That legal definition from the Child Act doesn't actually stipulate a living child.

As I read it "(b)so as to keep him out of the lawful control of any person entitled to lawful control of the child";  a parent has lawful control over their child (dead or alive) therefore no one is entitled just to remove the child (dead or alive).

There have been some difficult cases in NZ as to which family has the right over the deceased person.  The two factions may dispute the place for burial.

[Carana]

I don't think I've ever come across the term "abduction" in terms of the removal of a dead body... Sounds odd to me.

[pathfinder73]

I think it's smart.

[Miss Taken Identity]

I don't think I've ever come across the term "abduction" in terms of the removal of a dead body... Sounds odd to me.

It may seem strange C , In days of old I am told it was called 'grave robbing' even though the cadavers were not actually buried.

[Robittybob1]

It may seem strange C , In days of old I am told it was called 'grave robbing' even though the cadavers were not actually buried.

Can you give us an example please to demonstrate what you are saying please?

[Miss Taken Identity]

Can you give us an example please to demonstrate what you are saying please?

Well, I am not an eye witness to anything BUT. in the late 1800's early 1900's medical practitioners would go looking for dead people  in houses or on the streets to use as experiments, some even paid for people to dig up bodies, they were called grave robbers. see below.

Grave robbery, tomb robbing, or tomb raiding is the act of uncovering a tomb or crypt to steal artifacts or personal effects. A related act is body snatching, a term that is related to the taking of one's body (usually not from a grave).
Grave robbery - Wikipedia
https://en.wikipedia.org/wiki/Grave_robbery