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The definition of false imprisonment under UK law and legislation is the "Unlawful imposition or constraint of another's freedom of movement from a particular place." [14] False imprisonment is where the defendant intentionally or recklessly, and unlawfully, restricts the claimant's freedom of movement totally. [15]
The court has power to impose a suspended sentence of imprisonment of up to two years. [63] The features of this sentence are: the offence must pass the custody threshold of being 'so serious' the term of imprisonment must be between 14 days and 6 months (24 months in the Crown Court) the court can order the offender to undertake requirements
The case decided that the unlawful imprisonment of foreign prisoners gives rise to the tort of false imprisonment without the need to prove damages even where it is demonstrated that they would have been imprisoned had power been lawfully exercised. [1] Dyson LJ said:
A general power of Crown Court to impose a sentence of imprisonment on conviction on indictment is created by section 77 of the Powers of Criminal Courts (Sentencing) Act 2000 It was formerly created by each of the following provisions in turn: The Criminal Law Act 1967, section 7(1) The Powers of Criminal Courts Act 1973, section 18(1)
"Liability for false imprisonment". The Digest. Volume 37(4). Title "Prisons". Case 7268. Stephen Livingstone, Tim Owen and Alison Macdonald. Prison Law. Fourth Edition. Oxford University Press. 2008. Paragraphs 13.47 and 14.62 at page 523 and 601. Julian B Knowles. Blackstone's Guide to the Extradition Act 2003. Oxford University Press. 2004.
The Perjury Act 1911 (1 & 2 Geo. 5.c. 6) is an act of the Parliament of the United Kingdom.It creates the offence of perjury and a number of similar offences.. This Act has effect as if section 89 of the Criminal Justice Act 1967 and section 80 of the Civil Partnership Act 2004 were contained in this act.
Karen Matthews and Michael Donovan – found guilty of kidnapping, false imprisonment, and perverting the course of justice [22] Australia. Marcus Einfeld, an Australian retired Federal Court and NSW, WA and ACT Supreme Court judge – perjury and perverting the course of justice, for lying relative to a speeding ticket [23]
Making a false statutory declaration, contrary to section 5 of the Perjury Act 1911; Offences under section 6 of the Perjury Act 1911; Fabrication of false evidence; Offences under section 89 of the Criminal Justice Act 1967; Offences under 106 of the Magistrates' Courts Act 1980; Offences under section 11(1) of the European Communities Act ...