The free library45 of 195 Violence

False imprisonment

Common law

Unlawfully and intentionally or recklessly restricting another person's freedom to move from a particular place.

False imprisonment · Common lawCard 45 / 195

Points to prove

Intentionally or recklessly
Detained or restrained another person
Restricting their freedom of movement from a particular place
Without their consent
Without lawful authority or excuse

Key definitions

Detention – the unlawful and intentional or reckless restraint of a person’s freedom of movement from a particular place (R v Rahman 1985). The restraint can be for a short time.
Restraint – it need not be physical. Locking someone in a room or car, or keeping them in place by threats, is enough.
Without consent – a person who freely agrees to stay is not detained. Consent obtained by fear is not real consent.
Lawful authority – a lawful arrest, or a lawful detention under a statutory power, is not false imprisonment. A detention that was lawful can become unlawful if it continues once the power has ended.

Good to know

Kidnapping needs the victim to be taken or carried away. False imprisonment needs no movement at all, only detention.
It is a specified violent offence (Sentencing Act 2020, Sch.18), so an extended sentence is available for a dangerous offender.
It is commonly charged alongside other offences in domestic abuse, robbery and controlling or coercive behaviour cases.
Police officers who detain someone without a lawful power risk civil claims for false imprisonment. That is a separate issue from the crime.

Legislation: Common law (opens legislation.gov.uk in a new tab)
Mode of trial: Indictable only
Maximum penalty: Life imprisonment
Last checked: 2 November 2026, against the current law on legislation.gov.uk

False imprisonment: questions people ask

What are the points to prove for false imprisonment?

1. Intentionally or recklessly 2. Detained or restrained another person 3. Restricting their freedom of movement from a particular place 4. Without their consent 5. Without lawful authority or excuse

What is the maximum sentence for false imprisonment?

Life imprisonment.

Is false imprisonment a summary, either-way or indictable offence?

False imprisonment is indictable only: it can only be tried in the Crown Court.

Is false imprisonment a statutory offence?

No. False imprisonment is an offence at common law, defined by the courts rather than an Act of Parliament.

More violence and offences against the person

All violence and offences against the person