A WA MP asks about an alleged attempted abduction and the police's ability to act in such cases. The Minister responds by referencing existing and upcoming legislation that could be used in similar situations.

AnsweredQoN 3167Legislative Assembly
Asked
18 August 2004
Portfolio
Police and Emergency Services

QuestionView source ↗

(1) Is the Minister aware of an email sent on 13 August 2004, to all members of Parliament from Peter Viney who advised that the school-age daughter of a member of his staff, ‘Barry’, was the subject of an attempted abduction by two men in a motor vehicle?
(2) Is it true that, as claimed by ‘Barry’, unless they grab the child the Police are powerless to act?
(3) If yes, is the Minister proposing to amend the law so that people who clearly have no right to request a child to enter a motor vehicle can be charged with an offence?
(4) If such an amendment to the law is not being proposed, why will the Minister not act to give the Police appropriate powers to arrest and charge people who seek to entice children into their motor vehicles without lawful or reasonable excuse?

AnswerView source ↗

Answered
26 November 2004
Responded by
Minister for Police and Emergency Services
Response time
100 days
(2) -(4) The Western Australia Police Service advises a statement was provided by the young girl involved and she also assisted in the preparation of an identikit picture. Inquiries were also undertaken in respect of a partial registration number provided by the girl, with a number of vehicles fitting the description identified. Police advise they investigated the incident as "Attempted Abduction" however there was insufficient evidence to substantiate a charge for that offence. It is advised that the Government's Criminal Law Amendment (Simple Offences) Bill 2004, which received the support of the Legislative Council yesterday, includes a new offence at Clause 46 where a person is 'suspected to have committed or about to commit any offence" which could be the offence police could charge a person with in the circumstances described. In addition Section 74A of the Criminal Code may be used to determine the offence in that circumstance.
It is advised that the Government's Criminal Law Amendment (Simple Offences) Bill 2004, which received the support of the Legislative Council yesterday, includes a new offence at Clause 46 where a person is 'suspected to have committed or about to commit any offence" which could be the offence police could charge a person with in the circumstances described. In addition Section 74A of the Criminal Code may be used to determine the offence in that circumstance.

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