Kidnap and False Imprisonment Flashcards
John is a bank manager and is expecting his wife home from work any minute. After several hours he becomes concerned. Not able to raise her on her mobile he is about to call the police when there is a knock at the door. He answers it and a man in a suit explains very calmly that he has kidnaped his wife and she will be disfigured in one hour unless John allows the man in the suit access to the vault in the bank where cash and jewellery are kept. His wife is tied up in the back of a lorry having been bundled into a car off the street earlier.
John does this and his wife is released.
What offences have taken place here?
Kidnap and blackmail
This is what is referred to as a Tiger kidnap. It is the is the abduction or holding of a hostage (or claim of having done so) with the intention of forcing an employee, relative or another to facilitate the immediate theft of any valuables or concede other form of ransom from any institution or business organisation. The important element in this type of kidnapping is that the victim would be expected to have immediate and unrestricted access to the requested ransom as in John’s case.
Joshi, an international student has to have a minimum amount of cash available to pay university fees whilst studying abroad in the UK. A criminal group realising this decide to take Joshi in a car, tricking him by saying they will give him a ride home at 11pm from a bar, but instead they force him at knifepoint to withdraw the maximum amount of cash from a cashpoint machine before midnight. Joshi is not released until the hostage takers force him to make a further maximum withdrawal after midnight.
What offences have been committed here?
This is what is known as an Express kidnap. It includes the offences of kidnapping and robbery.
This typifies the MO of this kind of crime. It is a kidnap by virtue of the fear of force or fraud element for the kidnap and the robbery is very much made out with the a theft and associated threat of violence element from the knife.
Hostage Taking as per Section 1 of the Taking of Hostages Act 1982 tells us that where detaining a person (with or without authority) in order to compel a state, governmental organisation or person to do or not to do something will be hostage taking if it is accompanied by the relevant threats.
What does it tell us about the ‘intent’ required?
This offence cannot be committed recklessly and the prosecution must prove intent.
Bill is outside a pub and sees Jerry who he doesn’t like very much. Bill grabs Jerry and puts him in a headlock and drags him 10 yards around the side of the pub to scare him. It works and Jerry wriggles loose and runs away. Bill returns to the front of the pub to his mates who all have a good laugh about it.
Has Bill committed the common law offence of kidnap in this situation?
Yes, in this scenario the offence is complete.
Common law kidnap is the taking or carrying away of another person through force or fraud, without their consent and without lawful excuse. If you break down Bill’s actions; he used force to carry away Jerry ten yards. A few yards has been held to be sufficient for the offence to be made (R V Wellard 1978). It follows therefore that the offence is complete therefore D is the correct answer. There is no distance requirement and no need for the force and fraud to be happening at the same time.
In relation to False Imprisonment at Common Law, the offence is made out simply for the falsely imprisoning of another person.
In terms of ‘imprisoning’, what must be the necessary intent?
The imprisonment of another person is the intentional or reckless restraint of a person’s freedom of movement. The state of mind required to prove this offence is subjective recklessness.
Shaun has been shopping with his girlfriend Aileen. It has not gone very well. They end up having an argument about money in the frozen aisle at which point Shaun storms off and shuts himself in the supermarket toilet. Aileen walks up to the cubicle and asks Shaun to come out. Shaun tells her to get lost. At this point Aileen sees she can lock the cubicle door from the outside and does so in anger to cause Shaun difficulties. She says she’ll see him at home and walks off crying.
In relation to the common law offence of false imprisonment, at what point if at all is the offence of false imprisonment committed?
It is committed at the point Aileen locks the door from the outside.
Hostage Taking as per Section 1 of the Taking of Hostages Act 1982 tells us that where detaining a person (with or without authority) in order to compel a state, governmental organisation or person to do or not to do something will be hostage taking if it is accompanied by the relevant threats.
Which of the following is correct in relation to ‘relevant threats’?
They must be threats to kill, injure or continue to detain.
Hostage Taking as per Section 1 of the Taking of Hostages Act 1982 tells us that a person, whatever his nationality, who, in the United Kingdom or elsewhere, detains any other person, and in order to compel a State, international governmental organisation or person to do or abstain from doing any act, threatens to kill, injure or continue to detain the hostage, commits an offence.
Jenson is a student who backpacking in Tibet. He has unfortunately run out of money. He calls his mother and states he has been kidnapped and that £500 will secure his release. He tells his mother that she has to pay the money through a money transfer company immediately. Jenson has not been kidnapped he simply wants further finances from his mother but cannot ask as he knows his mother will say no.
Which of the following statements is true in relation to what Jenson is doing?
Jenson has committed an attempted fraud only.
The defendant made a false representation dishonestly knowing that the representation was or might be untrue or misleading with intent to make a gain for himself or another, to cause loss to another or to expose another to risk of loss. The offence is entirely focused on the conduct of the defendant.
Tony lives with his niece Lillie who has severe learning difficulties. Tony has received an offer from Beijing from someone who is in need of a kidney. Tony is set to make fifty thousand pounds from the sale and agrees for Lillie to go over. He sits down and explains to Lillie what he is planning but instead of saying he will earn the money, explains that the act with save someones life and Lillie will be fine. Wanting to help Lillie agrees and boards the plane to Beijing.
Has Tony committed the offence of Human Trafficking (The Modern Slavery Act 2015, s.2)?
Yes, Tony is clearly exploiting Lillie in these circumstances.
A group of disgruntled prisoners decide one day to take trick a prison guard into their cell by telling him that their PlayStation is not working properly. Once inside the cell, they shut the door and demand that the prison Governor buy them the latest X Box instead. They wont release the guard until that is agreed. The Governor agrees to this after three hours and the guard is released unharmed.
Ignoring hostage taking what offences have been committed here?
False imprisonment and blackmail
James is a predatory sex offender, he drives his personal car at night in busy town centres and looks to pick up young vulnerable girls to exploit, whilst pretending to be a taxi. Last Thursday he pulled up to a clearly intoxicated Mary who asks for a lift home in his cab. Mary gets in and James drives a mile down the road with the intention of finding somewhere quiet to sexually assault Mary who is drifting off to sleep in the back of his car. James subtly lock the doors. However suddenly James crashes into another car. This wakes Mary up who is frightened and confused. Realising her back doors are locked, she clambers out through the driver’s door which is open whilst James is having an argument with the other driver. Mary then walks away.
What if any offence has taken place here?
Kidnap because he tricked her into the car and drove away.
Common law kidnap is the taking or carrying away of another person through force or fraud, without their consent and without lawful excuse.
A twenty-four-year-old daughter of a wealthy businesswoman is bundled into a van outside her office in London one afternoon and the family is instructed not to contact the police but instead to pay £5 million for her release. The request is for bitcoin crypto currency to be paid to the head of the crime group based in France.
What offence/s have been made out?
This is kidnap and extortion. Simple as that. Extortion colloquialising for blackmail.
Considering the common law offence of kidnapping in relation to a 14-year-old taken off the street, placed into a car and driven away by an organised crime group who are in dispute with the child’s father. Whose consent if anyone’s is required for a prosecution in these circumstances?
The director of public prosecutions consent is required
PC Jameson is on patrol with PC Harris. They come across two young men acting suspiciously. PC Jameson walks up to Rob and asks what he is doing, Rob gives a sarcastic answer so PC James leads him to the back of the police car and locks him in. They then go to speak to Steve who gives an innocent and believable explanation as to why they are there. PC Jameson unlocks the police car and tells Rob to think about his answers in the future.
Has PC Jameson committed False Imprisonment in these circumstances?
Yes, PC Jameson is not acting lawfully hence the offence is made out.
Mustafa is 18 years old with learning difficulties. His brother Jeshan is his sole guardian and is angry that Mustafa cannot work and doesn’t bring any money in. Owing to this every morning Jeshan dresses Mustafa in rags and drives him to a commuters walkway where he makes him beg for several hours. Jeshan then picks him up at the end of the day and collects the money he has been given.
Has the offence of Slavery, Servitude and Forced or Compulsory Labour (Modern Slavery Act 2015, s.1) been committed?
Yes, Jeshan is forcing his brother to beg.
The Modern Slavery Act 2015, s.1 states
- A person commits an offence –
- the person holds another person in slavery or servitude and the circumstances are such that the person knows or ought to know that the other person is held in slavery or servitude, or
- the person requires another person to perform forced or compulsory labour and the circumstances are such that the person knows or ought to know that the other person is being required to perform forced or compulsory labour.
