False Imprisonment & Kidnapping Flashcards

1
Q

An offence will be committed where a person unlawfully restrains another persons freedom of movement by either intending to do so OR…

A

Being subjectively reckless that they are doing so.

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2
Q

Must the defendant accompany the victim when they are taken or carried away ?

A

Yes. If they are unaccompanied by the defendant, this will not constitute taking or carrying away.

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3
Q

If the victim consents but later withdraws that consent the offence will be complete once the perpetrator continues to either -

A

Take them or carry them away.

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4
Q

If a male offers a woman a lift at the bus stop (not his intention) she gets in, then he refuses to let her out and takes her into his house when does he commit kidnap ?

A

When she gets into the car, even though she consented to it, it was done fraudulently, it wasn’t true consent.

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5
Q

Who can commit torture?

A

A public official or person acting in an official capacity.

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6
Q

For hostage taking, do you have to be in the U.K. or a U.K. National to commit the offence ?

A

No, whatever nationality and wherever, it doesn’t matter. Once they have someone hostage as soon as the threat is made the offence is committed.

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