Kidnap & False Imprisonment
What Constitutes Kidnap?
Kidnap is an offence under common law. Often the offence of kidnap will be accompanied by other offences, for example, allegations of sexual assault. .
What will the Crown Prosecution Service consider when deciding to charge someone with Kidnap?
The prosecution must prove that a person was taken by another, by force/fraud, without consent and without lawful excuse.
What Constitutes False Imprisonment?
False imprisonment is an offence under common law and is distinct from kidnap as it involves purely detaining the victim unlawfully and does not involve the carrying away of the victim.
What will the Crown Prosecution Service consider when deciding to charge someone with False Imprisonment?
The prosecution must prove that a person was detained by another unlawfully, there is no need to prove the carrying away of the victim. The allegations of kidnap and false imprisonment can only be dealt with in the Crown Court, long prison sentences are often imposed in such cases.
How can a Solicitor Assist?
At ULA Solicitors we are dedicated to providing clear advice to you in order to ensure that you receive the best possible outcome. This may be to advise at the police station which reduces the chances of you further incriminating yourself, or whether it be the advice of pleading guilty early in order to allow for a 25% reduction in sentence, or getting you an experienced barrister to ensure that you have the best chance if your matter was to proceed to trial. We will always listen to our client's instructions and act in accordance with these and their best interest.
Fees?
As with other criminal law matters the government provides funding by way of legal aid. This is the same in the instance where the individual is charged in relation to a kidnapping or false imprisonment offence. Again, the individual would have to qualify for legal aid on two grounds. Firstly, their disposable income must be below a certain amount; secondly, it must be in the interests of justice that they be represented. With such offences, as they carry lengthy custodial sentences the individual would most definitely satisfy the latter criterion.