Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Common law definition

What does Common law mean? In practice, common law means judge‑made rules developed through case law and applied by courts when resolving disputes, filling gaps where no statute applies, and guiding statutory interpretation. It is not defined by legislation; it is a descriptive label for principles articulated in judicial decisions and followed under the doctrine of precedent (stare decisis). Key features include incremental development, binding effect according to the court hierarchy, and availability of judge‑made remedies. It encompasses both common law and (in England & Wales, Northern Ireland and Ireland) equitable doctrines, such as fiduciary duties, trusts and injunctions. In Scotland, the mixed system uses...

False imprisonment (common law offence): elements, lawfulness, restraint, mens rea, kidnapping overlap, and sentencing (England and Wales)

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Practice notes

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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 victim’s confinement within an area defined by the defendant. For criminal liability to arise, the act must be accompanied by a distinct mental element (see further below)...

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Web page updated on 21/05/2026

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