30/05/23

Kidnapping Allegations | Explained

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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.

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