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That the defendant intentionally restricted or confined the victim

For blackmail, that a demand was made with menaces

Lack of lawful authority or consent

The Law



Relevant Legislation:

  • Offences Against the Person Act 1861

  • Theft Act 1968 (Blackmail provisions)

  • Criminal Law Act 1977

Maximum Penalties:

  • Kidnapping: up to life imprisonment

  • Blackmail: up to 14 years’ imprisonment

  • False imprisonment: up to 10 years’ imprisonment

Key Legal Definitions:

  • Kidnapping: unlawful taking or confinement of a person

  • Blackmail: making unwarranted demands with threats

  • False imprisonment: unlawfully restricting a person’s liberty

Kidnapping, blackmail and false imprisonment

These offences involve unlawfully restricting someone’s freedom, threatening them, or demanding money or favours under duress.
Typical scenarios include domestic disputes, criminal gangs, or coercive criminal acts. Early legal advice is essential to protect your rights and ensure a robust defence.

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What the Prosecution Must Prove

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How We Defend These Cases

  • Immediate advice at the police station

  • Thorough evidence review including CCTV, digital, and witness material

  • Expert legal challenge to prosecution case theory

  • Representation at Magistrates’ and Crown Court

  • Tailored strategy to achieve the best possible outcome

Common Evidence Used in These Cases

  • CCTV or surveillance footage

  • Victim and witness statements

  • Digital evidence, including calls, texts, or emails

  • Forensic evidence at the scene of confinement or crime

Common Problems in Prosecution Cases

  • Procedural errors during arrest or interrogation.

  • Misidentification of suspects by witnesses.

  • Incomplete disclosure of evidence under CPIA.

  • Unreliable forensic evidence or expert misinterpretation.

  • Abuse of process arguments due to police or prosecutorial failings.

Potential Defences

  • Procedural errors during arrest or investigation

  • Unreliable witness testimony

  • Incomplete disclosure under CPIA

  • Misinterpretation of communications or digital evidence

  • Abuse of process due to police or prosecutorial failings

Sentencing and Possible Outcomes

  • Sentences vary depending on severity, harm, and circumstances

  • Aggravating factors include planning, use of weapons, or repeat offending

  • Mitigation may include early guilty plea, cooperation, or minor involvement

  • Custodial sentences are common, with potential for long-term imprisonment

Why Choose ASL


We are committed to delivering consistently strong results rooted in legal expertise and proven advocacy.

Experience

Our team of lawyers have extensive 25+ years experience in all aspects of Criminal Defence and Family Law matters.

Success Rate


We are proud of our strong record in achieving favourable outcomes across London, Birmingham, Manchester, and the wider UK, from serious criminal cases to sensitive family law matters.

Client Care Standards

Your case is handled with dignity, respect, and complete confidentiality. We provide:

  • Clear communication without legal jargon

  • Regular case updates and guidance

  • Support through every stage of the legal process

Get Legal Advice in Minutes

Speak to a Defence Solicitor Now

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