The offence
Kidnapping is committed by the unlawful taking and carrying away of another person, by force or fraud, without their consent. The related offence of false imprisonment involves unlawfully restraining a person’s freedom of movement. Both are triable either-way and carry up to life imprisonment.
Defences
- Consent of the person, or a belief in consent
- Lawful authority, for example in the care of a child or under a court order
- No intent to confine or carry away
- Disputed identification or circumstances
Sentencing
Kidnapping carries up to life imprisonment. The guidelines weigh the duration, whether violence or weapons were used, the vulnerability of the victim, and any ransom or further offending.
Frequently asked questions
Up to life imprisonment on indictment; the offence is triable either-way.
No. Kidnapping involves taking and carrying away; false imprisonment involves restraining freedom of movement. Both carry up to life imprisonment.
Yes. Where the person consented, or the defendant reasonably believed they consented, that may be a defence.