Part II
- (b) in relation to a child to whom subsection (1)(a)(ii) above applies, the leave of the court which made the child a ward of court;
Provided that, in relation to a child to whom more than one order referred to in subsection (1)(a) above applies, the appropriate consent may be that of any court which has granted an order as referred to in the said subsection (1)(a); and where one of these orders is an order referred to in the said subsection (1)(a)(ii) no other person as referred to in paragraph (a)(i) above shall be entitled to give the appropriate consent.
(4) In relation to a child to whom subsection (1)(a)(i) above applies, a person does not commit an offence by doing anything without the appropriate consent if—
- (a) he does it in the belief that each person referred to in subsection (3)(a)(i) above—
- (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 such other person but has been unable to communicate with him.
(5) In proceedings against any person for an offence under this section it shall be a defence for that person to show that at the time of the alleged offence he had no reason to believe that there was in existence an order referred to in subsection (1) above.
(6) For the purposes of this section—
- (a) a person shall be regarded as taking a child if he causes or induces the child to accompany him or any other person, or causes the child to be taken; and
- (b) a person shall be regarded as sending a child if he causes the child to be sent.
(7) In this section “guardian” means a person appointed by deed or will or by order of a court of competent jurisdiction to be the guardian of a child.
Power of arrest. 7. A constable may arrest without warrant any person whom he reasonably suspects of committing or having committed an offence under this Part of this Act.
Penalties and prosecutions. 8. A person guilty of an offence under this Part of this Act shall be liable—
- (a) on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding
