Kidnapping consists of taking or carrying away someone by force or fraud without the consent of that person and without a lawful excuse.
Kidnapping is a serious criminal offence which is only triable at the Crown Court.
At Old Bailey Solicitors we have significant experience of defending kidnapping prosecutions. Of our most recent kidnapping cases we have successfully secured acquittals after fully contested trials.
Our trial lawyers, working with our experienced criminal defence solicitors, will ensure your case is thoroughly prepared ensuring you the greatest chances of being found not guilty.
TAKING OR CARRYING AWAY
Kidnapping can be distinguished from the separate but related offence of false imprisonment in that the victim needs to be actually taken or carried away rather than merely detained.
The actual carrying away that is required does not have to be over a prolonged period, and can amount to a limited amount of time.
A parent taking custody of their own child in breach of a Court order could be guilty of kidnapping.
Kidnapping is only committed where there is no valid consent of the victim. Consent which is obtained by force or fear is not considered to be true consent.
For a carefully planned kidnapping where violence or a firearm is used and/or the detention is for a prolonged period and/or money is demanded the starting point sentence may be around 8 years.
For less serious offences where it is considered that there was a very minor kidnapping, such as in the course of family argument or lovers’ dispute, then the sentence will be much less.