False Imprisonment
False Imprisonment occurs when a person
is restricted in their personal movement,
within an area,without justification or consent.
Any complete deprivation of freedom of
movement,is sufficient,so false imprisonment
includes,unlawfulness and unlawfully preventing
a person leaving a room,a building,a shop or
even on the street or a vehicle,or any other place
The restriction must be total.
IMPRISONMENT
is the restraint of a person,moving from a
location or bounded area,as a result of
wrongful intentional act,such as the use of
force,coercion,or abuse of authority.
the Restraint of the person is 'against their
will' restraining their movement,whether by
physical means or by intimidation
False Imprisonment,requires an
Intentional Act.
The Police have the right to arrest under
conditions,set out in (PACE) 1984 Code G,
as a general rule,to be lawful,an arrest must
be supported by "reasonable suspicion"
The RESTRICTION MUST BE TOTAL
it is not imprisonment,to prevent a person
proceeding in one direction,if the person is
'free to leave' in other directions
FALSE IMPRISONMENT
KIDNAPPING
ACTS THAT ARE CONSIDERED
FALSE IMPRISONMENT.and also
CONSIDERED A CRIME.
Locking a person in a room,
without their consent
Hostage Taking
Holding something of great value
to a person,with the intent of
coercing the person to stay in a
certain place
Physical detaining a person,
preventing that person leaving
KIDNAPPING
is an attack on or infringement
of 'personal liberty',consisting of
taking or carrying away,one
person by another,
by force or fraud,
without the consent of the person
taken or carried away,and
without lawful excuse.
Kidnapping,is the unlawful
carrying away (asportation) and
confinement of a person against
their will
it can also be defined as
(false imprisonment) by means
of 'abduction'
both of which are separate
crimes,that when committed
simultaneously upon the same
person.merge as a single crime
of kidnapping.
the perpetrator,may use a
weapon ie to force his victim
into a vehicle
it is still kidnapping,if the victim
is enticed to enter the vehicle
willingly
Kidnapping is an offence under
common law
it is an attack on and
infringement of,the personal
liberty of an individual
FALSE IMPRISONMENT (Offence)
The unlawful and total restraint of the personal liberty of another,whether by
constraining them, or compelling to go to a particular place,or by confining
them in prison,or police station,or private place,or by detaining them against
their will in a public place
The wrongful act of false imprisonment,is the act of placing an unlawful
restriction on the victim's freedom,in the absence of any legal right to do so .
KIDNAPPING (Offence)
The taking or carrying away of one person by another,by force,or fraud,
without the consent of the person,so taken or carried away,and without lawful
excuse
MEANING of FRAUD-is to use deceit,or to trick/con a person
