Bullying, Violence and Gangs
False imprisonment
False imprisonment is an offence contrary to common law. The victim’s right to leave the place where he or she is must be totally and unlawfully taken away. It is not false imprisonment to stop a person going in a particular direction if they can go in another direction. Whether or not a person’s right to leave the particular place has been totally and unlawfully taken away is a question of fact in each case. False imprisonment often involves the use of force and confinement within a defined structure but neither of these are requirements. The issue is simply whether the person’s right to leave the place where they are has been totally and unlawfully taken away. False imprisonment is a question of fact. A person taken by a gang to a hillside and kept there because members of the gang surround him/her and prevent him/her leaving is just as much imprisoned as if he or she was locked in a room.
