Kidnapping and False Imprisonment Charges

Our expertise with kidnap and false imprisonment charges

With over 45 years of experience representing people accused of the most serious criminal offences, including kidnap and false imprisonment, we have a detailed understanding of false imprisonment and kidnap legislation 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 for a false imprisonment or kidnap charge, making sure your defence is handled correctly every step of the way.

We have exceptional expertise in the various types of evidence relating to kidnap and false imprisonment legislation, 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.

Our expertise in handling criminal law matters, such as kidnapping and false imprisonment, is reflected through our Law Society accreditation for Criminal Litigation. We also hold the Lexcel accreditation for the consistently high standards of our legal practice.

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

Should you be arrested on suspicion of kidnapping or false imprisonment in the UK, 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:

1. 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.
2. You should never answer any police questions without a solicitor present.
3. You have the right to free legal representation.
4. 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 false imprisonment or kidnap in the UK, 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.

False imprisonment vs kidnapping

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.

Aside from false imprisonment and kidnapping law, 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.

Kidnap sentencing guidelines

The sentencing guidelines for kidnap indicate that anyone convicted of the offence could face anything from a minimum sentence of six months imprisonment, to a maximum sentence of life imprisonment. Kidnap sentences in the UK are determined by the alleged harm caused and the culpability of the offender.

False imprisonment sentencing guidelines

The sentencing guidelines for false imprisonment are the same as for kidnap. The minimum sentence for false imprisonment is six months imprisonment and the maximum is life imprisonment.

Pre-charge bail

If you are interviewed by the police in relation to kidnapping or false imprisonment, you may be released on pre-charge bail.

If you are on pre-charge bail, you will usually be subjected to several bail conditions. Common conditions include restrictions on your movement or being required to visit the police station at designated times.

To find out more in relation to pre-charge bail, please use the links provided below:

• Pre-charge bail and Released Under Investigation (RUI)
• On Bail But Not Charged - What Does It Mean?
• How long can you be on bail without charge UK?

Fees and funding

We are always open when it comes to fees and funding for kidnap and false imprisonment legal defence.

Legal Aid may be available in some cases, but this depends on the seriousness of the case and whether it will justify the grant of public funding.

If you do not qualify for Legal Aid, the alternative option is 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:

• Our Fees – Crime Cases
• Do I Qualify for Criminal Legal Aid?
• Bespoke Crime Private Fee Service
• Will Your Private Legal Costs Increase?
• Do We Offer Free Consultations?

Related offences

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

• Serious crime
• Assault and violent crime
• Modern slavery and human trafficking

Common questions about kidnapping and false imprisonment

What are the types of kidnapping charges in the UK?

There are no different ‘types’ of kidnapping charges. Someone can either be charged with kidnapping or unlawful imprisonment, depending on the nature of their alleged actions.

Abduction is a separate charge from kidnapping and unlawful imprisonment. Abduction is when a person or a child is taken away from where they are meant to be.

Can you go to jail for kidnapping?

Yes, a jail sentence is a possible outcome if you are convicted of a kidnap offence.

What are the penalties for kidnap and false imprisonment?

Kidnapping and false imprisonment are very serious offences that can only be dealt with at the Crown Court. A prison sentence is handed out upon conviction, with both offences carrying the same maximum potential penalty of life imprisonment.

How is child abduction handled by the courts?

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 experience with kidnap and false imprisonment law and will ensure every detail and possible angle of defence is properly explored, giving you the strongest chance of securing the best available outcome.

Can kidnapping charges be dropped?

Yes, it is possible for kidnapping charges to be dropped. The police could drop charges while an investigation is ongoing, or the CPS could drop charges before a court trial takes place. Our criminal defence solicitors have expertise in helping you to get both the police and CPS to drop charges against you.

Contact our kidnapping and false imprisonment lawyers today

If you are due to attend the police station for an interview, require immediate representation or wish 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 kidnapping 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.