False imprisonment

There is a maximum penalty of 10 years imprisonment for a person found guilty of the charge of False imprisonment.

False imprisonment is a very serious offence that will normally mean that you serve a prison term if you are found guilty.

This charge is generally laid in situations where a person holds someone against their will.

In essence to prove this charge the Prosecution must show that an accused intentionally and unlawfully restrained the liberty of another person against his or her will.

Defences to this charge can include a factual dispute, a lack of intent, or lawful excuse.

This is a strictly indictable charge which means that your case must be heard in the County Court.

You should ring us and discuss your case if you have been charged.

Deciding on whether to plead guilty or not has huge consequences for you and should be made after proper discussion with a criminal lawyer.

This legislation comes from section 320 of the Crimes Act 1958.

 

Need further legal advice on this charge?
Contact one of our solicitors specialising in cases of False Imprisonment, Shaun Pascoe.