Confinement meaning

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This Practice Note reviews recent judgments in which the courts have examined whether a parent may authorise their child’s confinement which, in the absence of valid consent, would otherwise amount to a deprivation of liberty. What is deprivation of liberty? Article 5 of the European Convention on Human Rights (ECHR) safeguards the right to personal liberty and provides that no person should be deprived of that liberty in an arbitrary manner. The protection under Article 5 of the ECHR applies to people of every age. Article 5(1)(e) permits, among others, the lawful detention of 'persons of unsound mind' and minors for the purpose of educational supervision, in accordance with a procedure laid down by law. Article 5 also requires specified safeguards for anyone deprived of their liberty, including the right of access to speedy judicial proceedings to challenge the lawfulness of the detention. Accordingly, identifying precisely when a deprivation of liberty arises is of critical importance...

Liability Liability means the total deprivation of liberty without any lawful foundation. Such claims are commonly brought against public authorities wielding powers of detention—typically a local police force, the Secretary of State for the Home Department, or the Secretary of State for Justice. The confinement may arise through policing, immigration control, or imprisonment (including where a sentence or parole period has been miscalculated, leading to detention that is unlawful). As Lord Bridge explained in R v Deputy Governor of Parkhurst Prison, Ex p Hague, false imprisonment comprises two elements: actual confinement and the lack of lawful authority to justify it. In Jalloh, the Supreme Court adopted a broad conception of ‘imprisonment’: being compelled by a particular person to remain in a specific place, whether by physical barriers, guards, or threats of force or legal process. In that case, curfew conditions imposed on a person facing deportation amounted to imprisonment. False imprisonment is a strict liability tort. Accordingly, it is immaterial that a defendant genuinely believed they had...

The offence of false imprisonment False imprisonment is an offence at common law, though it more frequently arises as a civil tort claim (see Practice Note: False imprisonment). It is triable only on indictment. The offence is closely related to the common law offence of kidnapping. The crucial difference is that, unlike kidnapping, there is no requirement to prove the victim was ‘taken and carried away’ (R v Hutchins [1988] Crim LR 379 (not reported by LexisNexis®)). See Practice Note: Common law offence of kidnapping. Elements of the offence In R v Rahman (1985) 81 Cr App Rep 349 (not reported by LexisNexis®), it was held that, on a charge of false imprisonment, the prosecution must establish: unlawful intentional or reckless restraint of a victim’s freedom of movement from a particular place Restraint of a victim's freedom of movement At common law, false imprisonment involves conduct by the defendant that directly and deliberately (or recklessly) brings about the...