Under current legislation in England and Wales, kidnapping and false imprisonment are both offences that involve the unlawful and intentional or reckless detention of an individual against their will. There are four elements to the offence of kidnapping, which are:

• When a person is taken away by someone else;

• The person is taken by force or by fraudulent means (i.e. they are lied to about where they are going or who is taking them);

• The person does not give their consent to be taken; and

• There is no lawful reason to take that person e.g. a police officer arresting someone could meet the first elements but as they have lawful power and reason to do so, it isn't kidnapping.

There is a separate offence of child abduction that applies when the victim is aged under 16 years.

False imprisonment is when someone intentionally causes the confinement of another person, usually to commit another offence e.g. assault. If someone is kidnapped and then held against their will for any period of time, the offences of both kidnap and false imprisonment may apply.

Any penalty or sentence given by the court to someone convicted of false imprisonment will take into account the circumstances involved to determine the severity of the punishment e.g. whether there was use of violence or a weapon, the level of planning involved, the vulnerability of the victim and any other offences that were committed in the lead up to, during or after the incident.

As experienced criminal defence solicitors, Forbes offer expert assistance in relation to offences such as kidnapping or false imprisonment. Our police station solicitor service, which operates 24 hours a day, 365 days a year, means that no matter when you need us, our team can offer specialist support at every single stage of an investigation; from initial arrest and/or questioning and throughout any potential prosecution.

If you have been charged with a kidnapping or false imprisonment offence, our team can help by offering our legal expertise nationwide. Call us on 0800 689 3206.