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.