unlawful imprisonment

[val1969]

does any1 know what the sentence for unlawful imprisonment could be?

[Buenchico]

You'll have to provide some more details if you want a meaningful answer.

Scenario 1:
A father (with no criminal record) is very concerned about the relationship between his 13yo daughter and a 20 year old guy. He drags the guy into the back of his car and keeps him there for 5 minutes while he 'warns him off' He's brought before the courts, charged with false imprisonment.
Likely sentence: 100 hours unpaid work plus a �200 fine.

Scenario 2:
A guy with a string of convictions for sexual offences against women, locks a woman in his flat for 24 hours, having made it clear that he intends to carry out some horrific acts against her when he returns.
Likely sentence: Life imprisonment.

That's an incredibly wide range of possible sentences. Without further information, nobody here will be able to be more precise.

Relevant link:
http://business.timesonline.co.uk/tol/business /law/columnists/gary_slapper/article2316202.ec e

Chris

[val1969]

he is 17yr old, no previous convictions however has a case pending for common assault. he persuaded the 20yr old boy to get in the car saying if he did, then he wud just talk to him however if he didnt then he wud beat him up, he then took him for a drive n beat him up n left him on the moors.


hope this is enough info for you to help

[daffy654]

So kidnap and assault then............sounds like a nice lad.

[MsEVP]

Hi Daffy:

Was thinking of you this morning. How`s things?

Tina

[MsEVP]

Sorry, Val, didn`t mean to ignore you, just got carried away when I saw Daffy.

[jno]

is unlawful imprisonment all he's been charged with? As daffy says, he's committed worse crimes than that.

[val1969]

yes thats all he has been charged with, but the reason he did it is because the lad concerned sexually assualted him while he was sleeping, so yeh he is a nice lad actually!

[val1969]

he has now been released on bail with a tag and curfew of 7pm till 7am. i hope some1 can give me an idea of what he is likely to face, as i said he has no previous convictions

[bednobs]

dos he not have a solicitor? Seriously, if he has one then he needs to be asking them

[val1969]

yes he has a solicitor, but when i asked da question he was on remand n i had no contact wid him, so i was worried, his solicitor has said maybe 2yrs! but jus wanted to know what others thought.

[val1969]

he was only remanded overnight , now he is on bail but on tag, with curfew. when he was sleeping da otha lad undid his trousers, n belt n touched him, he has admitted this on txts, even admitting no permission, but he has to make a seperate complaint against him for sexual assault, they r not takin it into consideration!

[daffy654]

I understand he must have been very angry at being sexually assaulted in that way but to retaliate as he did was dangerous and rather stupid really,he should have just reported the other bloke to the police. By the way,typing on here in text speak is really annoying!!!

[Buenchico]

The police and CPS are acting correctly by not taking into account any element of provocation. An illegal action remains a criminal offence however great the element of provocation might be. However, the court can take such matters into account when determining the sentence.

Although the court will impose separate sentences for the assault and the false imprisonment, the court will probably be more inclined to think of the offender's actions as a single composite offence. So it's the total sentence, rather than the individual components of it, which is relevant.

You've not indicated the degree of assault involved. (Common assault? ABH? GBH?). That will obviously have a considerable bearing upon the sentence. There are also other factors which are relevant. For example, leaving someone on the moors, who's still in a fit state to walk, just a few miles from help is not the same as incapacitating them and leaving them 20 miles away help on a freezing cold night. (The former action does little more than to inconvenience the victim; the latter is akin to attempted murder).

Normally, a 17-year-old first time offender would be given a referral order:
http://www.yjb.gov.uk/en-gb/yjs/SentencesOrder sandAgreements/ReferralOrder/
However, it's likely that the court would consider that the offences are too serious for that course of action in this case. If so, a custodial sentence is inevitable. If the assault was 'common assault' or the lower end of 'ABH', it possible that he might only be sentenced to 12 months youth custody. However, it's probably still more likely that the solicitor's estimate of 2 years is accurate.

Chris

[daffy654]

Hi MsEVP,sorry I forgot to say it before.

[MsEVP]

No, Daffy. more important things to write about.

Sad things happen to people. x

[val1969]

THANKS CHRIS,
your information has been most helpful and much appretiated, now all ive got to do is hope for the best!

and sorry for annoying anyone for typing in short text earlier, just a bit quicker sometimes