Kidnap And False Imprisonment

If you have been accused of kidnapping/false imprisonment, Spartans Law can help fight your corner against these charges. Such a serious charge can be a daunting thing to face, but you do not have to handle it alone. Contact us for expert advice and representation today.

Kidnapping Law in England and Wales

Kidnapping and false imprisonment involve the unlawful and intentional or reckless detention of a victim against his or her will. Often the crime takes place with the purpose of committing another offence, such as assault. The offence of kidnapping involves four elements:

  1. A person is taken away by another person.
  2. The person being taken is taken away by force or fraud (an example of fraud might be lying about who you are or where you are taking the person).
  3. The person being taken does not consent to being taken.
  4. You have no lawful excuse to take that person. This means that for example, a police officer arresting someone who did not want to be arrested would not be guilty of kidnapping if the arrest was legal.

The law in England and Wales treats kidnapping seriously, and defendants will normally be charged with kidnapping in addition to any other offences involved. Those found guilty of kidnapping/false imprisonment can face anywhere from 12 months to 12 years imprisonment.

There is also a separate offence of child abduction, which may be relevant if the victim or alleged victim is under 16. This offence is contained in The Child Abduction Act 1984.

If you or someone you know, has been charged with this offence Contact Us now.

Length of Sentence

Registration Period
For Adult

Registration Period
for Under 18

30 Months imprisonment or more

Indefinitely

Indefinitely

6 months to 30 months imprisonment

10 years

5 years

Less than 6 months imprisonment or Community Order

7 years

3½ Years

Police Caution

2 years

1 year

Failing to comply with the notification requirements is an either way offence. This means that it can be dealt with by either the Magistrates Court or the Crown Court. The maximum sentence is 5 years imprisonment at the Crown Court. In addition to this, there is a risk that an offender could be recalled to prison if the Home Office believes the offender is in breach of their licence conditions.

If you are accused of any sexual offence there is a very real danger of receiving a prison sentence, and your entire life being damaged by the allegation. It is vital that you are represented by someone that you can trust, and who you are confident will do everything in their professional ability to put forward your case in a proper and appropriate manner to ensure that you get the best outcome possible in your circumstances. Contact Us now for more information.

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