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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.


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.

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

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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

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