The Criminal Code provides for an exhaustive list of criminal offences. Among them are the crimes of “abduction” and “kidnapping”. These are fairly serious crimes, as they relate to the physical endangerment of persons.
Abduction occurs where a person, without lawful authority, by force, threat or deceitful means, compels or induces another person to go from any place.

Kidnapping takes place where a person, without lawful authority:
(a) takes another person outside of Anguilla without the person’s consent, or the consent of a person legally entitled to give consent; or
(b) imprisons a person within Anguilla, in such a manner that his whereabouts cannot be determined or disclosed.

The offence of kidnapping carries a maximum prison sentence of 10 years. In the case of abduction with the intent to take a person out of Anguilla, or to secretly imprison or confine them inside Anguilla, the maximum sentence is 14 years.
The law creates the specific crime of “unlawfully taking a girl under the age of 16 away from her parent(s)”. This occurs where an unmarried girl under 16 is taken away from her parents or other guardian, against their will. A personal committing this offence is liable on conviction to imprisonment for 2 years.

“Child stealing” is another crime given specific recognition by the Criminal Code. This crime relates to children under 14 and takes place where they are taken or enticed away, with the intent to deprive their parents of the possession and custody of the child. However, if the accused can prove that he or she is the father or mother of the child, or can establish a right to the possession of the child, this is a good defence.
Two other similar crimes, punishable by up to 5 years imprisonment, are created by the Criminal Code.

They are:
(a) wrongful confinement; and
(b) unlawful compulsory labour, where a person unlawfully compels another person to labour, against the will of that person.
Alex Richardson is Managing Partner of the law firm Alex Richardson & Associates, P O Box 371, The Babrow Building, The Valley, Anguilla, Tel: 264 498 4224, Fax: 264 498 4220, email: arichardson@anguillanet.com. He is also Managing Director of Paragon Corporate Services Ltd.

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