Kidnap & False Imprisonment

Lawyers experienced in defending allegations of kidnap and false imprisonment (Manchester & London)

At Olliers we understand that being charged with serious offences such as kidnapping or false imprisonment can be overwhelming and life-altering. Allegations of this nature not only carry the risk of lengthy custodial sentences, but they can also have a lasting impact on your personal and professional life. We are a leading criminal defence firm with many years of experience handling complex cases and it is essential that you obtain specialist legal advice should you be under investigation for these offences.

What is kidnap?

Kidnapping involves taking or detaining a person against their will through force, threat, or deception, often with the intent to hold them for ransom, force their compliance, or for other specific purposes.

Kidnap is an offence under common law. There are four elements to the offence of kidnap namely:

1. Taking of one person by another;
2. By force/fraud;
3. Without consent; and
4. Without lawful excuse.

Often the offence of kidnap will be accompanied by other offences, for example, allegations of sexual assault. There is also an additional separate offence of Child Abduction.

What is false imprisonment?

False Imprisonment is the unlawful restriction of a person’s freedom of movement. Unlike kidnapping, it does not require that the victim is moved to a different location, only that they are confined or restrained without consent.

False imprisonment is an offence under common law and is distinct from kidnap as it involves purely the unlawful detention of the victim and does not involve the carrying away of the victim.

We often see cases of false imprisonment arising in a domestic setting. Allegations of being locked in a property by a partner or a partner prohibited from leaving a vehicle for example. This offence will often be charged alongside specific assault offences or can occur within the context of coercive and controlling behaviour in a domestic setting.

Pre-charge proactive approach

Given the penalties imposed for these offences it is even more important you seek specialist advice from as early in the investigation as possible. Often people only begin to take an active role in their defence once they have been charged, however, it is important to take an active approach as early as the police investigation stage to defend these allegations.

Engagement with the police into active lines of investigation and representations to the CPS before a charging decision is made can, in some cases, lead to a decision not to prosecute or to prosecute for an alternative lesser offence.

Expert representation

Our experience shows us that it is essential to take an active approach to investigations of this nature. We have access to a vast network of highly experience defence experts that can address all aspects of evidence presented. In cases such as these we are often presented with DNA analysis, fingerprint evidence or telecommunications evidence such as call data analysis and cell site data. It is vital that you instruct an expert as soon as possible to identify any flaws that may exist in the evidence presented by the prosecution and to draw out any supporting evidence for your defence.

Defences against kidnap and false imprisonment

Our specialist lawyers will explore every avenue to challenge the prosecution’s case. Some potential defences against kidnap and false imprisonment charges may include:

Consent: If the alleged victim consented to the confinement or movement, it may not constitute false imprisonment or kidnapping.

Lack of Intent: For a kidnapping charge, it must be proven that there was intent to confine or abduct against the person’s will.

Mistaken Identity: In cases where the accused was not the actual perpetrator, proving an alibi or challenging the identification evidence can be a powerful defense.

Duress: If the accused was forced to act under threat or pressure from another party, duress may be raised as a defence.

Kidnap sentencing guidelines

These allegations are indictable only and can only be dealt with in the Crown Court and lengthy sentences are often imposed. Carefully planned abductions where the victim is used as a hostage are likely to attract sentences of in excess of eight years imprisonment. The use of violence or firearms or the presence of other aggravating features will lead to much lengthier sentences.

Other factors which will be taken into account by the court when determining sentences include the vulnerability of the victim, the degree of planning involved, number of offenders or the use of a weapon.

Olliers Solicitors – specialist criminal defence lawyers

Olliers provide specialist advice and representation throughout England and Wales. We are the 2024 winners of the Manchester Legal Awards Crime Team of the Year, an award we have won seven times. We are ranked as a top tier criminal firm in the 2025 editions of the Legal 500 and Chambers Directory and are a Times Best Law Firm 2025.

Our specialist criminal defence lawyers have extensive experience of serious offences, including allegations of kidnap and false imprisonment.

If you are facing an allegation of kidnap and false imprisonment, please contact us by telephone on 0161 834 1515, by email to info@olliers.com or complete the form below.