Kidnap and False Imprisonment Defence Lawyers
Have you been accused of kidnapping or false imprisonment?
If so, our experienced criminal defence lawyers are here to help you.
Here at Draycott Browne, our specialist team has years of experience in protecting the rights of those accused of kidnap and false imprisonment, and we’re available now to offer you the help you need. We understand just stressful dealing with a charge of such severity can be, which is why we’re here to help you every step of the way. Once instructed, we’ll be with you from the moment of your first police interview, right until the end of your case and beyond.
Both kidnap and false imprisonment charges are extremely serious and have the potential to incur hefty sentences for those who are found guilty. With that in mind, it’s imperative that you find a specialist solicitor who is knowledgeable and experienced in this complex field of law.
To build a sufficient defence, you’ll need the guidance and help of a specially trained solicitor who is experienced in defending against charges of this nature. Our team will work tirelessly to scrutinise all evidence held against you and build a defence that will secure the best possible outcome for your individual situation.
Contact us today to speak to a member of our team.
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.
- 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.
- 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.
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.
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 the kidnap and false imprisonment solicitors at Draycott Browne today
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.