- published: 18 Jul 2016
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In criminal law, kidnapping is the unlawful taking away or transportation of a person against that person's will, usually to hold the person unlawfully. This may be done for ransom or in furtherance of another crime, or in connection with a child custody dispute.
In some countries such as the United States a large number of child abductions arise after separation or divorce when one parent wishes to keep a child against the will of the other or against a court order. In these cases, some jurisdictions do not consider it kidnapping if the child, being competent, agrees.
Kidnapping is an offence under the common law of England and Wales.
In R v D, Lord Brandon said:
The following cases are relevant