The free library46 of 195 Violence

Kidnapping

Common law

Taking or carrying away another person by force or fraud, without their consent and without lawful excuse.

Kidnapping · Common lawCard 46 / 195

Points to prove

Took or carried away another person
By force or by fraud
Without the consent of the person taken
Without lawful excuse
Intentionally or recklessly

Key definitions

Kidnapping – the four elements were set out by the House of Lords in R v D 1984: a taking or carrying away, by force or fraud, without consent and without lawful excuse.
Taking or carrying away – the victim must be moved. The distance can be short, such as forcing someone into a car.
Force or fraud – force includes the threat of force. Fraud covers tricking the victim into going somewhere, but the victim must also be deprived of their liberty. Deceiving someone into travelling freely is not kidnapping (R v Hendy-Freegard 2007).
Consent – consent obtained by force or fraud is no consent.

Good to know

A parent can kidnap their own child (R v D 1984). Where the victim is under 16 and the suspect is a person connected with the child, the DPP must consent to a kidnapping prosecution (Child Abduction Act 1984, s.5).
For most cases involving children, the Child Abduction Act 1984 offences (s.1 and s.2) are used instead.
False imprisonment needs no movement. Kidnapping usually includes a false imprisonment, and both can be charged.
Committing any offence with intent to commit a relevant sexual offence is a separate offence (Sexual Offences Act 2003, s.62). Where that offence is kidnapping or false imprisonment, the maximum is life.

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

Kidnapping: questions people ask

What are the points to prove for kidnapping?

1. Took or carried away another person 2. By force or by fraud 3. Without the consent of the person taken 4. Without lawful excuse 5. Intentionally or recklessly

What is the maximum sentence for kidnapping?

Life imprisonment.

Is kidnapping a summary, either-way or indictable offence?

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

Is kidnapping a statutory offence?

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

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