United Kingdom Encyclopedia of Law     Wiki Legal Encyclopedia (BETA)
What do you need to know about law? Search in more than 1.500.000 entries

False Imprisonment in United Kingdom

Definition of False Imprisonment

In accordance with the work A Dictionary of Law, this is a description of False Imprisonment : Unlawful restriction of a person’s freedom of movement, not necessarily in a prison. Any complete deprivation of freedom of movement is sufficient, so false imprisonment includes unlawful arrest and unlawfully preventing a person leaving a room or a shop. The restriction must be total: it is not imprisonment to prevent a person proceeding in one direction if he is free to leave in others. False imprisonment is a form of *trespass to the person, so it is not necessary to prove that it has caused actual damage. It is both a crime and a tort. Damages, which may be *aggravated or *exemplary, can be obtained in tort and the writ of *habeas corpus is available to restore the imprisoned person to liberty.

Concept of False Imprisonment

Traditional meaning of false imprisonment [1] in the English common law history: Any unlawful restraint of the person; see Voor. Ar.; § 271; Big. Torts, 8th ed. 339. False judgment: an English writ issuing from one of the superior courts to correct error in a court not of record; see the entry on types of courts, 29. False pretences: see LARCENY.

Resources

Notes and References

  1. Based on A concise law dictionary of words, phrases and maxims, “False Imprisonment”, Boston: Little, Brown, and Company, 1911, United States. This term and/or definition may be absolete. It is also called the Stimson’s Law dictionary, based on a glossary of terms, included False Imprisonment.

See Also



Law is our Passion


This entry about False Imprisonment has been published under the terms of the Creative Commons Attribution 3.0 (CC BY 3.0) licence, which permits unrestricted use and reproduction, provided the author or authors of the False Imprisonment entry and the Encyclopedia of Law are in each case credited as the source of the False Imprisonment entry. Please note this CC BY licence applies to some textual content of False Imprisonment, and that some images and other textual or non-textual elements may be covered by special copyright arrangements. For guidance on citing False Imprisonment (giving attribution as required by the CC BY licence), please see below our recommendation of "Cite this Entry".

Cite this entry

Legal Citations Generator

(2020, 04). False Imprisonment lawi.org.uk Retrieved 06, 2021, from https://lawi.org.uk/false-imprisonment/

04 2020. 06 2021 <https://lawi.org.uk/false-imprisonment/>

"False Imprisonment" lawi.org.uk. lawi.org.uk, 04 2020. Web. 06 2021. <https://lawi.org.uk/false-imprisonment/>

"False Imprisonment" lawi.org.uk. 04, 2020. Accesed 06 2021. https://lawi.org.uk/false-imprisonment/

Agostino Von Hassell, 'False Imprisonment' (lawi.org.uk 2020) <https://lawi.org.uk/false-imprisonment/> accesed 2021 June 16

Usage Metrics

2252 Views. 1734 Visitors.

Google Scholar: Search for False Imprisonment Related Content

 

Schema Summary

  • Article Name: False Imprisonment
  • Author: Agostino Von Hassell
  • Description: Definition of False Imprisonment In accordance with the work A Dictionary of Law, this is a description of False [...]

This entry was last updated: April 24, 2020

Recent Comments