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False Imprisonment in the UK

View profile for Philip Spicer
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False imprisonment is an extremely serious common law offence in the UK, with the potential punishments being severe for anyone facing a conviction.

It is important to be aware of what actions could be classed as false imprisonment in the UK, and what could happen if you are charged by the police. We discuss these issues in the following article and how our expert criminal defence solicitors can support you if you are accused of false imprisonment.

Please note that the following article is for informational purposes only and should not be taken as legal advice. If you need legal support with false imprisonment charges, please get in touch, and our team can advise you.

What is false imprisonment?

False imprisonment, also referred to as unlawful imprisonment, involves the unlawful and intentional or reckless restraint of a victim’s freedom of movement from a particular place against their will. Often, false imprisonment will occur within a domestic setting, such as where the victim is also subject to coercive and controlling behaviour.

How does false imprisonment differ from kidnap?

There is often some confusion regarding the difference between false imprisonment and kidnap, and while there is some overlap between the two offences, there is an important distinction that you need to be aware of.

The key difference is that Kidnap involves taking another person or carrying another person away from one location to another without their consent and without legal excuse, either by force or fraud. On the other hand, false imprisonment involves restraining the movement of another rather than forcibly moving them.  

In many cases, the offence of kidnapping will lead to an offence of false imprisonment. For instance, if a victim is confined or detained after being taken or moved by the kidnapper.

What are examples of false imprisonment?

There are several potential examples of actions which could be examples of false imprisonment. These include, but are not limited to:

  • Someone being locked in a room without their consent, even if the room is owned by the victim as a part of their property.
  • Someone being held down or restrained so that they cannot move.
  • Someone being detained by a security guard or store owner for an unreasonable amount of time for suspected theft.
  • Nursing home staff medicating a patient without consent, or whilst the patient is under physical or emotional threat.

What are the sentencing guidelines for false imprisonment?

The sentencing guidelines for false imprisonment indicate that potential punishments you could receive can vary significantly.

It is possible to receive anything from six months’ imprisonment right the way through to a maximum sentence of life imprisonment. These sentencing guidelines are the same as for kidnap.

The severity of the sentence handed out for false imprisonment will depend on the culpability of the offender and the harm caused.

Culpability is divided into three categories:

A – High Culpability

  • Conduct repeated or prolonged over a substantial period of time
  • Sophisticated planning
  • Deliberate targeting of particularly vulnerable victim and/or their family
  • Use of violence

B – Medium Culpability

  • Violence threatened
  • Other cases that fall between categories A and C because:
    • Factors are present in A and C which balance each other out and/or
    • The offender’s culpability falls between the factors described in A and C

C – Lower Culpability

  • Limited in scope and duration
  • Involved through coercion, intimidation or exploitation
  • Offender’s responsibility substantially reduced by a mental disorder or learning disability

Harm is also divided into three categories:

Category 1

  • Serious distress and/or psychological harm caused to the victim and/or others
  • Property demanded or obtained is of substantial value (financial or otherwise) regardless of monetary worth to the victim and/or others
  • Widespread public impact of the offence

Category 2

  • Some distress and/or psychological harm caused to the victim and/or others
  • Property demanded or obtained is of some value (financial or otherwise) regardless of monetary worth to the victim and/or others

Category 3

  • Limited effects of the offence
  • Property demanded or obtained is of a small amount (financial or otherwise) regardless of monetary worth to the victim and/or others

What should you do if you are accused of false imprisonment?

An allegation of false imprisonment can be very distressing, especially as the potential punishments can be severe. Therefore, it is essential to receive specialist advice and representation from a team with substantial experience in handling false imprisonment cases.

At JD Spicer Zeb, our criminal defence solicitors have more than 45 years of experience in advising and representing individuals accused of a wide range of offences, including false imprisonment. Our specialist expertise ensures that we can offer the strongest possible legal defence, working with you to have your charges dismissed or, if conviction is unavoidable, ensure you receive the lowest possible sentence.

We are highly proficient in handling the types of evidence usually relied on by the prosecution in false imprisonment cases, including forensics such as fingerprint and DNA analysis, digital evidence, and witness testimony. We will take every measure to ensure that any flaws in the prosecution’s case are highlighted and every angle of defence is explored.

We are accredited by the Law Society for Criminal Litigation, and our previous experience means that we can clearly demonstrate a strong track record of success, which has led us to establish strong relationships with many of the country’s leading criminal defence barristers.

If you are facing a false imprisonment charge, we are here to provide you with the support you need.

Related offences

We also provide support and guidance on various other matters that are related to false imprisonment, including:

Related cases

Fees and funding

We are always clear and upfront when it comes to legal fees.

If you are required to attend court for false imprisonment, you may be eligible for Legal Aid. Whether you can access Legal Aid will depend on whether the grant of public funding is justified on a means and interest of justice basis.

Where you do not qualify for Legal Aid, the alternative will be to fund the case on a private basis.       

To find out more about the way we handle fees (both Legal Aid and private fees) please use the links provided below:

Contact our false imprisonment lawyers today

If you are due to attend the police station, require any urgent specialist advice, or immediate representation, please do not hesitate to get in touch.

You can contact our dedicated criminal defence lawyers in London, Birmingham, and Manchester by telephone on:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

24/7 legal representation

For immediate representation and advice, you can contact our Emergency Number: 07836 577 556, and we will provide a prompt, friendly response.