30/05/23

Kidnapping Allegations | Explained

Share

Kangs has been instructed to represent a client against whom allegations of the offence of ‘Kidnapping’ have been made.

Following Interview at a Police Station our client has been released on bail pending further Police enquiries.

Mohammed Ahmed outlines the law surrounding the offence of Kidnapping.

Kangs Solicitors is recognised as one of the leading criminal defence firms in the country and has been providing clients with advice and assistance in respect of all aspects of criminal law, including representation at Police Stations, since the firm was established in 1997.

We are ‘Top Ranked’ by the leading legal directories, The Legal 500 and Chambers UK.


For an initial no obligation discussion, please contact our team at any of the offices detailed
below:

0207 936 6396

0121 449 9888

0161 817 5020

07989 521210

London

Birmingham

Manchester

24 Hours number

The Offence of Kidnapping

The seriousness of the offence determines that it is an ‘indictable only offence’ with the result that it can only be tried before a Crown Court.

As a ‘common law offence’, it has developed entirely from decisions of the Higher Courts, which guide lower courts, as opposed to ‘statutory offences’ which are created by Parliament.

Kidnapping is defined as an attack on, and infringement of, the personal liberty of an individual and contains four elements:

  • the taking or carrying away of one person by another,
  • the taking away is by force or fraud,
  • the person taken or carried away does not consent,
  • there is no lawful excuse for that person to be taken or carried away.

Potential Defences

As with other offences against the person, potential defences for allegations of kidnapping include:

  • self-defence
  • lawful defence of property
  • defence of another
  • duress of circumstances
  • necessity

Sentencing Upon Conviction

A person convicted of kidnapping is liable to a prison sentence of between twelve months and twelve years depending upon on a range of factors including:

  • the degree of planning involved,
  • vulnerability of the victim,
  • use or possession of weapons,
  • the number of offenders involved,
  • any other offences committed at the same time.

How Can We Help?

If you have been charged with or are facing an investigation in respect of any allegation of criminal activity, including kidnapping, it is essential that you seek immediate expert legal advice immediately.

The highly experienced team at Kangs provides each and every client with clear and practical advice which results from many years representing our clients facing criminal investigations and prosecutions of every nature.

Kangs is recognised as one of the leading criminal defence firms in the country and has been providing clients with advice and assistance in respect of all aspects of criminal law, including representation at Police Stations, since the firm was established in 1997. We are ‘Top Ranked’ by the leading legal directories, The Legal 500 and Chambers UK.

Criminal Litigation
The Police and Criminal Evidence Act 1984 (PACE) is an important piece of legislation that governs the powers and procedures of police officers when conducting criminal investigations, making arrests and gathering evidence. It establishes guidelines for the detention, questioning, and treatment of suspects, as well as rules for the conduct of searches and seizures. PACE […]
08/05/24
Criminal Litigation, Sports Law
The Football Spectators Act 1989 (‘the Act’) not only created specific offences relating to fan behaviour, such as throwing objects onto the pitch or into the crowd, racist chanting, violence against persons or property and alcohol-related offences. It also ushered in the implementation of Football Banning Orders. A Football Banning Order may be imposed on […]
03/05/24
Criminal Litigation
The Unduly Lenient Sentence Scheme (‘ULS’) enables any person to request a review by the Attorney General of a Crown Court Sentence if they feel the sentence passed is considered too lenient. However, an Unduly Lenient Sentence only applies to a sentence that is unduly lenient, as opposed to lenient: ‘… where it falls outside […]
02/05/24

Get in touch