False imprisonment and Kidnapping

Question 1

False Imprisonment
Common Law Offence

Answer 1

An offence will be committed where a person
unlawfully restrains another person’s
freedom of movement - either:
*Intending to do so; or
*Being subjectively reckless that they are
doing so.

Question 2

The Restraint Of
Freedom Of
Movement

Answer 2

Duration?
The restraint of movement
can be for a short period.

Question 3

Nature Of The
Restraint
2 options

Answer 3

Physical Restraint
e.g. locking somebody in a room or vehicle.

Psychological Restraint
A person pretending
to be a police officer
who orders a person
to remain at a location.

Question 4

The Restraint Of
Movement Must Be
Unlawful

Answer 4

Police Officers
A police officer exercising a lawful
power of arrest will be restraining a
suspect’s movement - but will not
commit an offence.
If the arrest powers were exercised
unlawfully the arresting officer will
commit an offence.

Householders
A householder can legitimately
restrain the movement
of a suspected burglar
that they apprehend
-if they honestly believe it is
necessary to do so and
the means used are reasonable.

Question 5

Kidnapping
Common Law Offence

Answer 5

It is an offence to either:
* Take; or
* Carry away
another person -
without:
* The consent of the
other person; or
* Lawful excuse…
. either:
* Intending to do so; or
* Beina subjectively
reckless that they are
doing so.

Question 6

Take Or
Carry Away

Answer 6

How Far Must The Victim Be
Taken Or Carried Away?
A short distance
will suffice.

Must The Defendant Accompany The
Victim When They Are Taken Or
Carried Away?
Yes
R v Hendy-Freegard(2007J EWCA Crim 1236.

Question 7

Without Consent
2 actions

Answer 7

Action 1 - Force
This can include:
* Physical or psychological pressure; or
*Threats of force.

Action 2 - Fraud
Somebody pretending
to be a taxi driver
would use fraud to gain consent
- this would not be true consent
R v Cort [2003) 3 WLR 1300

Withdrawal Of Consent
If the victim initially consents - but later
withdraws that consent - the offence will be
complete once the perpetrator continues to
either:
*Take them; or
* Carry them away.

Question 8

Without Lawful
Excuse

Answer 8

Example - Lawful Excuse
A police officer
exercising lawful arrest powers
will not be committing an offence
when they take a person
arrested to a police station.

Example — Without Lawful
Excuse
A parent
taking or carrying away
their child
in breach of a court order
will be doing so
without a lawful excuse.

Question 9

Authority To
Prosecute

Answer 9

General Rule
No permission
is required to
prosecute for kidnapping.

Exception
The permission of the DPP
will be required in
2 situations.

Situation 1
The victim
is under 16.

Situation 2
The prosecution is brought against
either a:
*Parent; or
*Guardian.

Question 10

False Imprisonment

Answer 10

There is merely an unlawful detention
The person is not taken or carried away.

Question 11

Kidnapping

Answer 11

There is an unlawful detention
The further step of either
taking them or carrying them away.