Kidnap and False Imprisonment

Kidnapping and false imprisonment are very serious offences, with each carrying the potential for life imprisonment on conviction. If you have been arrested or charged in connection with one of these offences, getting specialist legal advice and representation straightaway is essential to make sure you have the strongest possible defence.

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If you believe your case is likely to have serious consequences for you now, or in the future and you have the means to pay for this service

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Our criminal defence solicitors have more than 40 years of experience helping clients facing these types of serious criminal charges. We can offer clear, effective guidance on your rights and defence options, making sure your case is built the right way from the start. We can also advise you before the point of arrest if you have concerns.

We know how confusing and upsetting it can be to deal with any types of criminal charges, especially where there is the potential for such a substantial sentence. By offering seasoned legal advice and sympathetic personal support, we hope to make this difficult time easier on you, while giving you the best chance of securing a favourable outcome.

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We respond quickly even during out of hours. We do not get our work by paying for online adverts but based on the fact that few criminal law firms can match our 45 years of experience. Most of our cases are still from word-of-mouth recommendations from satisfied clients. We are called daily by dissatisfied clients from firms with less experience than us. We respond very quickly to new enquiries. We know what clients seek and so we update clients rapidly.

Can you get cases dropped?

Yes, read about the recent cases we've helped our clients with here.

We always keep you updated and give straightforward advice. We will get cases dropped early where the case is weak or should not be prosecuted. We will be upfront with you about where you can benefit from a good result with an early guilty plea, such as a discount on your sentence. As we work on cases across all levels with clients from all walks of life, we are excellent at giving clear, spot-on advice. As an established firm, we can allocate a whole team to your case often at short notice to secure evidence to minimise the damage to you.

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OUR PROFESSIONAL BODY THE LAW SOCIETY AWARDED US IN OCTOBER 2020 WITH THE EXCELLENCE IN CLIENT SERVICE AWARD AND STATED -

"JD Spicer Zeb demonstrated a clear commitment to client service through their work with vulnerable and diverse individuals in what can be severely traumatic circumstances".

Do you offer free consultations?

Where it is possible, we aim to provide an initial consultation to you. If we can speak to you, we can if required inform you about –

Whether we can take the case on and our relevant experience.
Public and private funding benefits.
Assistance in applying for legal aid where we are likely to accept instructions.
An outline of options in police interview only. We will not advise you on which option to adopt.
Providing our free written guide explaining the police station process.
The gravity of routine and day-to-day offences you face.
Consequences of not attending the court or police station.
Consequences of interfering with any witnesses.
Retaining any evidence in support of your case.
If possible an outline of the elements of the offence that the police or CPS must prove.
This consultation will normally be by telephone or email and will only be for as long as we deem necessary to establish if we can act for you. If we cannot usefully give you any advice in this manner then we will not continue with the consultation. We will not discuss the case in depth for you to be able to decide on your plea or any significant aspect of the case, as this cannot be undertaken informally.
Referring you, if possible, to other firms for matters out of our specialism or if we cannot help.

Consultations do not apply to the following cases –

If we do not intend to take the case on.
Road Traffic cases, drink driving, drug driving, driving bans, speeding, no insurance, mobile phone use, points etc.
In all cases where we do not have the capacity to take your case or the availability of suitably qualified staff to provide an initial free consultation. This is applicable in all cases but especially where a more senior lawyer is required because of your personal needs or the complexity of the case.
Harassment/stalking/ coercive behaviour/malicious communications or road traffic cases and most sensitive cases. These cases are often too complicated to assess in short consultations.
The locations concerned may be too distant to represent you adequately or it may not be cost-effective for you or us.
The case is too complicated to assess or raises various charges or facts, complexity, or history to be considered informally or in a short consultation.
In most Legal aid transfers where legal aid is granted to another firm except in very grave cases, we may assess the case and merits for a transfer.
If your relationship has broken down with your existing solicitor or several solicitors.
If you have been released under investigation and have already had a police station attendance.
If you hold legal aid with another firm and seek a second opinion.
If you are calling on behalf of the client as a friend or family member unless you have full authority and full facts.
To businesses.
Advising whether you were given good advice by your other solicitor.
Whether to decide to plead guilty or not guilty.
Whether you have an arguable defence in law or factually complicated defences.
Any advice you have had after your first court appearance.
Any advice on appeal on conviction or sentence.
If we feel we are unable to communicate with you.
If we are likely to be conflicted or breach our professional rules.

For a free initial consultation on dealing with a charge of kidnap or false imprisonment, please contact our local offices in London, Birmingham or Manchester.

Need immediate legal support for a kidnap or false imprisonment arrest? Our accredited Police Station Representatives and solicitors are available 24 hours a day, 365 days a year using the emergency numbers listed at the top of the page.

Our expertise with kidnap and false imprisonment charges

With over 40 years of experience representing people accused of the most serious criminal offences, including kidnap and false imprisonment, we have a detailed understanding of how these charges work and what you need to do to build the strongest possible defence.

Our criminal defence lawyers will support you from your first contact with police and through every stage of investigation and any subsequent prosecution, making sure your defence is handled correctly every step of the way.

We have exceptional expertise in the various types of evidence used in these types of serious criminal cases, including forensics such as fingerprint and DNA analysis, digital evidence such as mobile phone records and text messages, and witness testimony. We can therefore ensure any flaws in the police or prosecution cases are exposed and that every available angle of defence is considered.

Our team have strong advocacy experience, as well as working with some of the UK’s leading criminal defence barristers specialising in kidnap and false imprisonment cases. This means that if your case were to go to trial, we will be able to give you the very best representation to help you secure the most favourable outcome available.

What to do if you are arrested for kidnap or false imprisonment

Should you be arrested on suspicion of kidnapping or false imprisonment, you must remember your legal rights at all times as this can help you to avoid the risk of saying or doing anything that could undermine your defence.

Any mistakes made at this early stage of proceedings can be extremely difficult to recover from later, so always keep in mind these four key points:

You do not have to answer any questions asked by the police. Whether to do so or not requires a thorough understanding of your case and how the criminal justice system works. Legal advice should be taken before saying anything.
You should never answer any police questions without a solicitor present.
You have the right to free legal representation.
You can use the duty solicitor available or choose your own lawyer.

At the point of arrest, the arresting officers are required to let you know which specific offence or offences you are accused of committing. They must also caution you with the words:

“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

After a police interview in connection to a suspected offence of kidnap or false imprisonment, the potential outcomes include:

Release with no further action
Release under investigation
Detention in custody
Charging with a specific offence

If you are charged with kidnap or false imprisonment:

A hearing date will be set
You will either be:
- Released on bail
- Kept in custody until your court hearing

Should you be released with no further action or under investigation, you need to be aware that you can be rearrested or summonsed to attend a court hearing at any time.

What are kidnapping and false imprisonment?

Kidnapping and false imprisonment are two separate common law offences, but they are often related.

Kidnapping involves a person (the kidnapper) taking or carrying away another person (the victim) either by force or by fraud, where the victim does not consent to being taken and the kidnapper has no lawful excuse for taking them.

False imprisonment involves

the unlawful and intentional or reckless restraint of a victim’s freedom of movement from a particular place.

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

There exists a separate offence of child abduction, which may apply where the alleged victim is under 16.

This offence may apply where someone who is connected to the child, such as a parent, takes them out of the UK without proper consent from everyone with parental responsibility for the child (e.g. the child’s other parent/s).

A child abduction charge may also be used if someone not connected to a child under 16 unlawfully takes or detains that child.

Penalties for kidnap and false imprisonment

Kidnapping and false imprisonment are very serious offences that can only be dealt with in Crown Court. Both offences carry the same maximum potential penalty of life imprisonment.

Child abduction can be dealt with either in Magistrates’ Court or Crown Court depending on the seriousness of the offence. If the offence is dealt with in Magistrates’ Court, the maximum sentence on conviction is 6 months’ imprisonment. For Crown Court prosecutions, the maximum potential sentence is seven years’ imprisonment.

Sentencing for any of these offences will depend on a number of factors, including:

The degree of planning involved
Use of violence
Vulnerability of the victim
Use of a weapon
Whether a ransom was involved
The number of offenders involved
Any other offences that were committed

What defence is there against charges of kidnapping and false imprisonment?

Your defence options will depend on the circumstances surrounding the alleged offence or offences.

If you deny that an offence occurred, options may include showing that the kidnapping, false imprisonment or child abduction did not take place, that the alleged victim consented to going with you and/or staying with you, or that you had a legitimate reason for taking them.

If you accept that an offence occurred, it may be possible to mitigate any potential criminal penalties by showing that the offence was unplanned, that no threats or violence were used, that you played a limited role in the offence or that there were other factors limiting your culpability or the harm to the victim.

Our criminal defence solicitors have the experience with these types of serious offences to ensure every detail and possible angle of defence is properly explored, giving you the strongest chance of securing the best available outcome.

Contact our criminal defence lawyers today

For a free initial consultation, urgent specialist advice, immediate representation or to speak to us confidentially about an arrest or charges related to kidnapping and/or false imprisonment, please do not hesitate to get in touch.

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

Brent & Camden London Office: 020 7624 7771
Manchester Office: 0161 835 1638
Birmingham Office: 0121 614 3333
City of London: 0207 624 7771 (our senior Solicitors and Partners can meet by appointment in the City)

Or email: solicitors@jdspicer.co.uk

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

24/7 legal representation for kidnapping and false imprisonment charges

Please get in touch for a free initial consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice on dealing with an arrest or charges connected to kidnap and false imprisonment.

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number: 07836 577 556.

This document does not constitute legal advice.

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