Plagium describes the taking or carrying away of a
child from the lawful custody of their parents or guardians—conduct now treated in practice as child abduction or kidnapping. The term is archaic (rooted in Roman and Scots law), is not defined in modern UK or Irish legislation, and is rarely used in charging or pleadings; it appears chiefly in historical or academic commentary.
Key features are the unauthorised removal or detention of a minor with intent to deprive those with parental responsibility or custody of control. Contemporary law addresses this conduct as follows:
- England and Wales: statutory child abduction (Child Abduction Act 1984) and the
common law offences of kidnapping and false imprisonment.
- Scotland: the common law crime of abduction, with statutory child‑abduction provisions applying to non‑parents.
- Northern Ireland: statutory child abduction (Child Abduction (Northern Ireland) Order 1985) and common law kidnapping.
- Ireland: statutory child abduction and false imprisonment offences, with international cases governed by the Child Abduction and Enforcement of Custody Orders Act 1991 (Hague Convention).
In modern usage, practitioners seldom rely on “plagium”; it serves as a descriptive, historical label for child‑stealing rather than a discrete offence.