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LIBERTY • MOVEMENT • CONSENT • LAWFUL EXCUSE

Kidnap & False Imprisonment Defence

Kidnap and false imprisonment are serious common-law offences concerning personal liberty. Kidnap involves taking or carrying a person away by force or fraud without consent and lawful excuse; false imprisonment concerns unlawful intentional or reckless restraint of a person’s freedom of movement.

KEY ANSWER

The position in brief

Kidnapping is a common-law offence comprising the taking or carrying away of one person by another, by force or fraud, without the person’s consent and without lawful excuse.

False imprisonment is distinct. It concerns unlawful and intentional or reckless restraint of a person’s freedom of movement from a particular place. Movement to another location is not required for false imprisonment.

Legal issues

The issues can include whether there was any taking or detention, whether force, threats or fraud were used, whether the complainant consented, the defendant’s state of mind and whether there was lawful authority or excuse.

Both offences are indictable only and carry a maximum sentence of life imprisonment. A Sentencing Council guideline for kidnap and false imprisonment has applied from 1 April 2025.

Evidence that matters

Evidence can include CCTV, phone and location data, vehicle tracking, messages and calls, witness accounts, door-entry or access records, injuries, 999 calls and evidence concerning the parties’ relationship and movements.

Reasonable lines of enquiry

Enquiries may include complete CCTV routes, travel/location records, communications before and during the alleged detention, access logs, independent witnesses and evidence bearing on consent, freedom to leave or lawful authority.

What happens next

Kidnap and false imprisonment are tried in the Crown Court. Investigations can involve extensive digital, location and witness evidence, particularly where the alleged detention or movement spans multiple locations.

Immediate steps

Preserve messages, calls, location history, vehicle records and CCTV. Record the chronology carefully, including opportunities said to have existed to leave or any agreed travel arrangements.

What should you send us?

Send the allegation/charge, police and bail papers, next date, chronology, messages, location/vehicle data, CCTV and witness details.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We can analyse the common-law elements, test consent and restraint, review location and digital evidence, advise at interview, identify missing enquiries and prepare Crown Court proceedings.

Primary legal sources

CPS Child Abuse (non-sexual) guidance — sets out the common-law elements of kidnapping.

Sentencing Council: Kidnap / False Imprisonment — effective 1 April 2025.

Law Commission: Kidnapping and Related Offences — explanation of the existing common-law framework.

NEXT STEP

Discuss a kidnap or false-imprisonment allegation

Send the allegation, chronology and any location, CCTV or communications evidence for urgent review.

Discuss a kidnap or false-imprisonment allegation

FREQUENTLY ASKED QUESTIONS

Questions about this issue

What is the difference between kidnap and false imprisonment?

Kidnap requires taking or carrying away by force or fraud without consent and lawful excuse. False imprisonment concerns unlawful restraint of freedom of movement and does not require movement to another location.

Does the complainant’s consent matter?

Yes. Lack of consent is central to kidnapping and consent is also relevant to whether confinement was unlawful in a false-imprisonment allegation.

Where are these offences tried?

Both are indictable only and are tried in the Crown Court.