False Imprisonment Under UK Law: Legal Definition, Sentencing & Defences

False Imprisonment Under UK Law: Legal Definition, Sentencing & Defences

What is False Imprisonment Under UK Law?

 It can be committed by physical restraint (e.g., locking someone in a room) or through coercion, threats, or deception.

  The victim does not have to be physically restrained—if they feel they cannot leave due to a credible threat, it may still be false imprisonment.

  This offence applies to both private individuals and public authorities (e.g., unlawful police detention).

Examples of False Imprisonment:

 Locking someone in a room without consent.

 Preventing someone from leaving a location through threats or intimidation.

  A security guard detaining someone without proper legal authority.

  Wrongful detention by police beyond the legally allowed time limit.

  Domestic abuse situations where one partner restricts the other’s movements.

  Employers unlawfully preventing employees from leaving a workplace.

  Holding someone under the pretext of performing a ‘citizen’s arrest’ without lawful justification.

What is the Maximum Sentence for False Imprisonment under UK Law?

 Maximum sentence: Life imprisonment (for cases involving extreme harm or prolonged detention).

  Typical sentences: 3 to 10 years, depending on aggravating or mitigating factors.

  The court considers intent, duration, harm caused, and the level of force or coercion used when determining the sentence.

 If false imprisonment is linked to other serious crimes (e.g., assault, torture, sexual offences), sentencing may be higher.

Aggravating Factors (May Increase the Sentence)

 Physical harm or injury caused to the victim.

 Use of weapons or extreme force.

  Prolonged detention causing psychological trauma.

  Victim being vulnerable (e.g., child, elderly, disabled person).

  False imprisonment as part of domestic violence or human trafficking.

Mitigating Factors (May Reduce the Sentence)

 First-time offender.

  Short duration of imprisonment.

  Lack of physical harm.

 Cooperation with law enforcement.

 Demonstrated remorse or an early guilty plea.

Possible Defences Against False Imprisonment Charges

 Lawful Authority – If the detention was legally justified (e.g., lawful arrest, medical detainment under the Mental Health Act).

  Consent – If the individual voluntarily remained in the situation without coercion.

  Self-Defence – If restraint was used to prevent immediate harm to others.

  Lack of Intent – If the accused did not knowingly restrict the victim’s liberty.

  Mistaken Identity – If the wrong individual has been accused.

 Reasonable Use of Force – Security personnel or shop staff detaining a suspected thief lawfully.

How a Solicitor Can Help

 Review the evidence and build a defence strategy.

  Challenge unlawful police procedures or improper arrests.

  Negotiate for charge reductions or alternative sentencing.

 Represent you in court to ensure a fair trial.

 Assess witness credibility and obtain CCTV or forensic evidence.

  Prepare expert testimony if necessary.

Conclusion

 Need legal assistance? Contact our specialist defence solicitors for expert advice and representation.

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