False Imprisonment & Kidnapping Flashcards
An offence will be committed where a person unlawfully restrains another persons freedom of movement by either intending to do so OR…
Being subjectively reckless that they are doing so.
Must the defendant accompany the victim when they are taken or carried away ?
Yes. If they are unaccompanied by the defendant, this will not constitute taking or carrying away.
If the victim consents but later withdraws that consent the offence will be complete once the perpetrator continues to either -
Take them or carry them away.
If a male offers a woman a lift at the bus stop (not his intention) she gets in, then he refuses to let her out and takes her into his house when does he commit kidnap ?
When she gets into the car, even though she consented to it, it was done fraudulently, it wasn’t true consent.
Who can commit torture?
A public official or person acting in an official capacity.
For hostage taking, do you have to be in the U.K. or a U.K. National to commit the offence ?
No, whatever nationality and wherever, it doesn’t matter. Once they have someone hostage as soon as the threat is made the offence is committed.
