False Imprisonment Flashcards
Collins v Wilcock (concerning false imprisonment)
Unlawful imposition of contraint on another’s freedom of movement from a particular place
Summarised as
Intent to completely restrict movement without legal authorisation, even if the Cl. does not know of the restraint at the time.
Intent
Iqbal - Direct/Subjective recklessness.
Complete restriction of Cl.’s movement
Bird v Jones, Robinsons v Balman New Ferry, Herd v Weardale Steel, Iqbal, R v Bournewood Mental Health Trust
Cl. need not know of the restraint at the time, nor suffer any harm
Iqbal - someone unaware of their imprisonment will receive nominal damages
Without legal authorisation
Austin v UK
R v Deputy Governor of Parkhurst
R v Governor of Brockhill Prison
Austin v UK
No deprivation of liberty where measures taken are done for common good
R v Deputy Governor of Parkhurst
A complete defence to false imprisonment is provided by a lawful sentence of imprisonment passed by a court.
R v Bournewood Mental Health Trust
Potential deprivation of movement is not enough, must have actually happened.
Herd v Weardale Steel
Employer not held liable because of implied consent to remain in the mine and work. Despite this, it illustrated that a crime of omission cannot constitute as false imprisonment
Robinsons v Balman New Ferry
Where there is a reasonable means of escape, they will not be considered in complete restriction.
Bird v Jones
Despite not being able to move down the foot-way because of the stands, he was not completely restricted – he could go back the way he came and was therefore not falsely imprisoned.
R v Governor of Brockhill Prison
Where a prisoner is detained for longer than they should have been, this will be false imprisonment.
Hicks v Young
Complete restraint demonstrated.
