Kidnap and False Imprisonment
Kidnap & false imprisonment types of crime have a wide spectrum, and there may be aggravating features that can make a difference to your sentence. The offence can vary from refusal to let your partner leave the house after a domestic dispute, all the way to a planned, armed kidnap for ransom or for political reasons.
Kidnap is taken very seriously and is indictable only, which means the case will end up in the Crown Court for trial on a not guilty plea or for sentence after a guilty plea.
You will need a very strong defence team to assist you and Walker Lahive has over 30 years experience in defending serious crime.
Definition
Kidnap is the forcible and unlawful detention of another against their will. It is a common law offence and the key part is that it is unwanted act on the part of the victim. It is a restriction on someone else’s liberty by force and for this reason it is a serious charge.
Sentencing & Aggravating Features
The maximum term for Kidnapping or False Imprisonment is life. Aggravating features that a judge will take into account are;
- victim degree of planning or premeditation
- number of perpetrators
- vulnerability of victim
- duration of loss of liberty
- using, brandishing, threatening with or possession of weapons
- other offence(s) committed
- sophisticated concealment
- unpleasant circumstances of detention, such as degradation
- effect upon victim
- effect upon persons other than the person kidnapped, particularly family
- other offence(s) committed
- sinister motive, such as terrorist background
- any ransom involved
- threats intended to discourage victim from reporting the offence