Page:Non-Fatal Offences Against the Person Act, 1997.pdf/12

[No. 26.]


 * (b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 7 years or to both.

(5) Any proceedings under this section shall not be instituted except by or with the consent of the Director of Public Prosecutions.

17.—(1) A person, other than a person to whom section 16 applies, shall be guilty of an offence who, without lawful authority or reasonable excuse, intentionally takes or detains a child under the age of 16 years or causes a child under that age to be so taken or detained—
 * (a) so as to remove the child from the lawful control of any person having lawful control of the child; or
 * (b) so as to keep him or her out of the lawful control of any person entitled to lawful control of the child.

(2) It shall be a defence to a charge under this section that the defendant believed that the child had attained the age of 16 years.

(3) A person guilty of an offence under this section shall be liable—
 * (a) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or
 * (b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 7 years or to both.

18.—(1) The use of force by a person for any of the following purposes, if only such as is reasonable in the circumstances as he or she believes them to be, does not constitute an offence—
 * (a) to protect himself or herself or a member of the family of that person or another from injury, assault or detention caused by a criminal act; or
 * (b) to protect himself or herself or (with the authority of that other) another from trespass to the person; or
 * (c) to protect his or her property from appropriation, destruction or damage caused by a criminal act or from trespass or infringement; or
 * (d) to protect property belonging to another from appropriation, destruction or damage caused by a criminal act or (with the authority of that other) from trespass or infringement; or
 * (e) to prevent crime or a breach of the peace.

(2) “use of force” in subsection (1) is defined and extended by section 20.