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Kidnap and False Imprisonment Defence Lawyers

Being accused of kidnapping or false imprisonment can mean facing a serious investigation into events you may strongly dispute. Our kidnap and false imprisonment defence lawyers advise you from the earliest police enquiries, helping you understand the allegation and prepare your response.

The circumstances of the alleged movement or detention need careful examination. We consider your account alongside the available evidence, looking closely at questions of consent, the alleged use of force or threats and your individual involvement. Our solicitors explain how these issues affect your position and prepare your defence around the facts of your case.

Draycott Browne is recognised by Chambers UK for Crime, and our team includes solicitors accredited under the Law Society’s Criminal Litigation Accreditation scheme. Based in Manchester, we defend clients facing serious criminal allegations throughout England and Wales.

If you have been contacted by the police, arrested or charged, speak to our team for confidential advice. Call the number at the top of this page or complete our contact form to request a call back.

What is kidnap and false imprisonment?

Kidnap and false imprisonment are crimes which both relate to the taking away of another person’s freedom. Sometimes, the terms are used interchangeably, but there are strict legal differences between the two that you should be aware of.

Kidnaping is defined as the act of taking another person away from a physical place without their consent, either by force or by fraud, when there is no legal reason for you to do so. An example scenario could involve a person walking down a street being grabbed by another person and forced into a nearby van.

False imprisonment, on the other hand, is the act of unlawfully restraining or limiting a person’s freedom by forcing them to remain in a location against their will. False imprisonment can occur after kidnap in situations where the victim is taken from one location and forced, by their kidnappers, to reside in another against their will. False imprisonment can also mean:

 

  • Keeping someone locked in a room (even if the room is inside their own house) against their will.
  • Victims of domestic abuse may experience false imprisonment if their abuser restricts their movement, preventing them from leaving the house.
  • Grabbing another person without their consent and restraining them to such an extent that they cannot move.
  • A security guard or other individual detaining someone (such as a customer who is suspected to have committed the crime of theft) for an unreasonable amount of time.
  • You could also be facing false imprisonment by the police if you have been arrested and detained without a lawful basis
  • An employer detaining an employee for an unreasonable amount of time after suspecting them of committing an offence.
  • Personnel of a nursing home or similar medicating a person without their consent.

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Our legal team is available 7 days a week

Criminal Defence Expertise for Kidnap and False Imprisonment Offences

Our Kidnap and False Imprisonment OFFENCES Advice Team

Shaun Draycott

Shaun Draycott

Managing Director & Serious Crime Solicitor
Rob Mann

Rob Mann

Director & Serious Crime Solicitor
Venessa Schweitzer

Venessa Schweitzer

Consultant Litigator
Caitlin Cardwell

Caitlin Cardwell

Crown Court Litigator
Meet the Team

What is child abduction?

Child abduction is a term that relates to the unauthorised removal of a child from the care of their parents or legal guardians. The offence can be applied in the following instances:

 

  • When the victim of a kidnapping or false imprisonment is under the age of 16. For example, a case involving the kidnap of a child from school by a stranger.
  • When someone who is connected to a child (such as a parent, relative or guardian), takes that child out of the UK without permission from those who have parental responsibility for the child. 

What offences involve kidnap for financial gain?

Some kidnap allegations involve a financial motive, where the victim is unlawfully detained in order to obtain money, property, or another benefit. These offences are treated particularly seriously by the courts and are often investigated as part of wider organised criminal activity. Our Kidnap and False Imprisonment Solicitors regularly defend clients facing allegations including:

Kidnap for Extortion, involves unlawfully taking or detaining a person in order to demand money, property, or another benefit from the victim, their family, or a third party. These allegations are treated with the utmost seriousness and often involve extensive police investigations, digital evidence, and financial enquiries.

Abduction for Ransom, involves unlawfully seizing or detaining an individual while demanding a ransom payment or other concession in exchange for their release. These cases frequently involve allegations of organised criminal activity and can result in lengthy, evidence heavy investigations.

If you are under investigation or have been accused of any offence involving kidnap for financial gain, obtaining specialist legal advice as early as possible is essential. Our experienced Kidnap and False Imprisonment Solicitors will protect your rights, carefully examine the evidence, and build a robust defence strategy tailored to your case.

How are kidnap and false imprisonment cases proven?

Kidnapping, false imprisonment and child abduction are all very serious crimes and as such are always heard in the Crown Court.

 If you are charged with kidnap or false imprisonment, it is the prosecution’s duty to prove that the offence has occurred. They will have to prove to the jury that you are – beyond reasonable doubt – guilty of the crime with which you have been charged.

If your case is taken to court, your job will be to ensure you have an experienced kidnap and false imprisonment defence lawyer who is able to analyse the evidence held by the prosecution, and mount a defence that is tailored to your needs and designed to elicit the best possible outcome for your individual circumstances. Here at Draycott Browne, our team of criminal defence solicitors have successfully defended clients charged with kidnap and false imprisonment, and have the knowledge and experience required to scrutinise the evidence held against you and provide a trustworthy defence. If you or someone you know has been accused or arrested of kidnap or false imprisonment please make sure to contact us as soon as possible.

What should I do if I am arrested for kidnap or false imprisonment?

If you have been arrested on a charge of kidnap or false imprisonment, it is imperative that you contact a solicitor as soon as possible. During the initial investigation, you will have to attend a police interview. The purpose of this interview will be to find any evidence that suggests you are guilty of the offence so that a charge can be brought against you. When you are arrested, you will be read your rights. When you are at the police station, remember:

 

  • You do not have to answer any questions that the police ask you. In the confusion and uncertainty of your first police interview, you may stumble and say things which could cause problems for you later. To avoid this, decline to speak until your solicitor is present.
     
  • You have the right to access legal counsel during any police interviews. If you do not have a lawyer when you are charged, the police will offer you the assistance of their duty solicitor, but this person is unlikely to be specialised in kidnap and false imprisonment law. Instead, ask to call your own solicitor.

    Our team are available day and night to offer advice and legal representation to those asked to attend police interviews.  
     
  • You should never answer any questions without your solicitor present.  If your solicitor thinks a question is problematic – perhaps because of how it has been worded or because of the implication any answer you give could have – they will notice and either advise you not to answer, or challenge the police officers directly about their manner of questioning.

It is crucially important that you take heed of the first part of this right and decline to answer any questions asked by the police until you have had the opportunity to speak to your solicitor and receive their guidance.

What happens after the police interview?

After the police interview is finished, you may be:

 

  • Released with no further action
  • Released under investigation
  • Detained in custody
  • Charged with a specific offence

If you are released with no further action, it is important to remember that you could be recalled to the police station at any point to answer further questions.

If you are detained in custody without charge, you will be kept for a maximum of twenty-four hours while the police try to establish if there is enough evidence to charge you with the offence.

If you are charged, a hearing date will be set, and you will either be retained in police custody until the date of your hearing, or released on bail.

What is the sentence for kidnap or false imprisonment?

If you are convicted of kidnap or false imprisonment, you could receive a prison sentence that spans anywhere from 12 months to life.

The actual sentence you receive will be determined by the judge and will be based on the individual aspects of your case. Your solicitor will take steps to achieve the lowest possible prison sentence for your case, typically by presenting mitigating factors to the court and encouraging the judge to show leniency.

Contact our Kidnap and False Imprisonment Solicitors

If you or your loved one is currently being investigated, charged or is involved in any way with a crime of kidnap or false imprisonment, contact us as soon as possible to discuss your case with an experienced solicitor.

By entrusting us with your case, you can have the peace of mind of knowing that your case is being handled by one of the UK’s most experienced criminal defence teams and a solicitor who has expert knowledge of kidnap and false imprisonment law.

As one of the UK's leading Criminal Defence Law Firms, we are highly regarded nationally across the legal profession and noted for consistently delivering positive results for our clients.

Our legal team is available 24 hours a day, 7 days a week, and we are uniquely placed to act for clients throughout England and Wales.

Our expert Kidnapping and False Imprisonment Solicitors have acted for clients in Manchester, Preston, Blackpool, Liverpool, Leeds, Nottingham, Birmingham, and London. As recognised criminal lawyers we can represent you wherever you live in England and Wales.

Our legal team is available 24 hours a day, 7 days a week. If you, or somebody you know, has been arrested and needs expert legal representation, contact Draycott Browne today.

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