Kidnapping - false imprisonment
Title: Offences against the person
Offence: Kidnapping - False Imprisonment
Legislation: Common law
Commencement Date:
Mode of Trial: Indictable only
Statutory Limitations & Maximum Penalty: At large
Sentencing Range: Serious specified violent offence
Aggravating & Mitigating Factors
See main text
Relevant Sentencing Guidelines (If Any)
Guideline case R v Spence and Thomas (1983) 5 Cr.App.R.(S.) 413. There is a wide possible variation in seriousness between one instance of kidnapping and another. At the top of the scale comes the carefully planned abductions where the victim is used as a hostage or where ransom money is demanded. Such offences will seldom be met with less than 8 years' imprisonment or thereabouts. Where violence or firearms are used, there are other exacerbating features such as detention of the victim over a long period of time, then the proper sentence will be very much longer than that. At the other end of the scale are those offences which can perhaps scarcely be classed as kidnapping at all. They very often rise as a sequel to family tiffs or lovers' disputes, and seldom require anything more than 18 months' imprisonment, and sometimes a great deal less.
Relevant Sentencing Case Law
Recent Decisions reported in CSP at B 3-4.3 covering kidnapping, false imprisonment and abduction divided into: unplanned kidnapping or hostage taking; kidnapping with view to ransom demand; kidnapping with view to forcing women into prostitution; kidnapping arising out of emotional relationship; kidnapping for revenge or to inflict punishment; kidnapping for political purpose; abduction of child by parent; abduction of child by stranger.
Ancillary Orders:
Consider Also: Compensation
Links:
