Kidnapping and false imprisonment charges are some of the most serious criminal offences in the UK. Indeed, the maximum sentence for both is life imprisonment.
That is why it is so important that those that stand accused of kidnapping and false imprisonment have a strong defence case. Read on for more information on how to build one, below.
While kidnapping and false imprisonment are not the same offence, they can be related. Kidnapping is defined as a person (kidnapper) using force or fraud to take or carry away another person (kidnap victim) without their consent or a lawful excuse.
It is important to note at this point that while kidnapping sounds as if it relates to the carrying away of a child, there is another specific offence that relates to this. It is known as child abduction and applies when the victim is less than 16 years old.
False imprisonment on the other hand is defined as reckless or intentional and unlawful restraint of a person’s (victim) freedom of movement from a particular place. Often kidnapping and false imprisonment offences are connected because the offender will first kidnap the victim and then detain or confine them.
Both offences are serious ones that are often heard in the Crown Court. The maximum potential penalty for both is life imprisonment.
Cases of child abduction, on the other hand, can be heard in either the Crown Court or the Magistrates’ Court if the offence is deemed to be less serious. The maximum sentence for a child abduction case tried in the Magistrates’ Court is 6 months, while for a case heard in the Crown court the maximum sentence will be 7 years!
The sentence given out to anyone convicted of kidnapping, child abduction, and false imprisonment will depend on a variety of factors relevant to the case, which include:
A strong defence is the best recourse for anyone arrested on suspicion of false imprisonment and kidnapping. To ensure your defence stays as robust as possible it is important to remember several things:
To have the best chance of building a strong defence case against kidnap and false imprisonment charges you will need to work with the experts like the ones on our criminal defence team.
Here at J D Solicitors, our professional and experienced criminal law solicitors can support you at every step of the process from when you are first contacted by the police, to the investigation, to the case in court.
Our aim is always to advocate for our clients, explore every avenue of defence thoroughly, and secure them the most favourable outcome possible.
If you are concerned about kidnapping or false imprisonment charges, be sure to get in contact with our reliable and tireless criminal defence team today on: