Common law offence of false imprisonment


Published by a ½Û×ÓÊÓƵ Corporate Crime expert
Practice notes

Common law offence of false imprisonment


Published by a ½Û×ÓÊÓƵ Corporate Crime expert

Practice notes
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The offence of false imprisonment

False imprisonment is a common law offence but it is more common as a civil action in tort (see Practice Note: False imprisonment).

It is triable only on indictment. It may be classified in class 2A, 2B or 3 for the purpose of classifying the offence for trial in the Crown Court.

The offence is closely related to the common law offence of kidnapping. The difference is that unlike the offence of kidnapping, there is no requirement to prove that the victim was 'taken and carried away'. (R v Hutchins [1988] Crim LR 379 (not reported by ½Û×ÓÊÓƵ®)).

See Practice Note: Common law offence of kidnapping.

Elements of the offence

In R v Rahman (1985) 81 Cr App Rep 349 (not reported by ½Û×ÓÊÓƵ®), it was held that, on a charge of false imprisonment, the prosecution must prove:

  1. •

    the unlawful

  2. •

    intentional or reckless

  3. •

    restraint of a victim's freedom of movement from a particular place

Restraint of a victim's freedom of movement

False imprisonment at common law

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Common law definition
What does Common law mean?

Common law is case law (decisions from courts and tribunals). Case law has also established and developed many principles of law and equity not covered by legislation. Case law is therefore a key source of primary law.

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