Kidnapping charges in 2023 – What sentence can you expect?

When we think of kidnapping, our mind often goes to scenes in Hollywood movies of people being shoved into the backs of vans at gunpoint. While this would often constitute an act of kidnapping, it’s just one of a wide range of examples – many of which could be much more ‘mundane’ than these popular cultural allusions to the crime.

Partly as a result of these popular cultural references, kidnapping as a crime is quite loaded from a social perspective. This makes it a particularly frightening, damaging crime to be accused of, no matter the criminal implications.

No matter how it’s carried out, kidnapping is an incredibly serious criminal act, and it’s important to be aware of what kind of sentence you might face. If you currently face kidnapping charges, it’s imperative that you seek legal assistance at the earliest opportunity available.

 

Kidnapping defined

Kidnapping is somewhat more complex than other crimes to define, for a number of reasons. First of all, there is a certain amount of overlap between different offences – it is not necessary for force, fraud, and lack of consent in order to be found guilty of the crime. The Simplification of the Criminal Law: Kidnapping and Related Offences project has aimed to clear things up, but the process is still ongoing.

It is still possible to define the crime more loosely, however: an act of kidnapping is generally considered to consist of one (generally more than just one) of the following acts.

1. Taking away: This refers to physically moving someone away from a certain place, typically against their will – however, kidnap can also consist of preventing someone from leaving a space.

 

2. Another person: Victims of kidnapping must be human, not an animal or other object; if the individual who has been kidnapped occupies a position of imbalanced power with regard to the kidnapper, the charges will likely be considered more severe.

 

3. By force, fraud, or deception: The offender will often have used some kind of physical force, deception, or another kind of lie, to remove the victim from a space or keep them confined in an environment. This is not a necessary factor, however, it is a very common one.

 

4. Consent is absent: Generally speaking, the victim must not have voluntarily agreed to the removal or imprisonment. However, in cases where deception or fraud are present, the consent element can become much more complicated. Generally speaking, consent that is provided under these kinds of conditions is not legally considered to be consent.

 

5. With the absence of a lawful excuse: Finally, there must be no legal means of justification for imprisonment or removal from an environment. Obvious examples that would consist of a legal excuse could cover a parent physically taking their child home from a park, or a police officer carrying out a lawful arrest for a criminal act.

Clearly, kidnapping is a complex crime that will require the expertise and experience of a criminal defence solicitor to properly navigate.

 

Sentencing for kidnapping

Kidnapping is rarely a crime that’s carried out alone – generally, it will be accompanied by some other motive, such as financial gain through the form of ransom. As a result, sentencing can vary dramatically, however, it will generally result in a custodial sentence, ranging from 12 months to life imprisonment.

Other results of being found guilty

In addition to receiving a custodial sentence, those found guilty of the crime of kidnapping will likely experience a wide range of other detrimental effects. These include being barred from any professions that require a DBS check or other criminal background check, being banned from travelling to a variety of countries including America, and a range of compensation orders that require the defendant to pay reparations to the victim.

 

Aggravating factors

There are a range of factors that are likely to result in the offender receiving a higher sentence. These include:

• Violence: where the crime is carried out with either a high level of violence of the threat of violence, including the presence of weapons such as guns or knives. 
• Planning: where the crime was planned well in advance, as part of a broader conspiracy rather than as a single, spontaneous act.
• Large number of victims: where the act of kidnap includes more than one individual. 
• Vulnerability: where the victim(s) are particularly vulnerable, including children, the elderly, and vulnerable adults.
• Harm: where a high degree of harm is caused, either in the form of emotional distress or physical injury.

Situations where one or more of these factors are present are far more likely to result in a more serious custodial sentence.

 

Mitigating factors

There are also a number of factors that can result in a less damaging sentence, potentially eliminating the risk of receiving a custodial sentence. These include:

• Lack of prior convictions: where the defendant has no prior criminal convictions.
• Genuine remorse: where the defendant shows genuine remorse for their actions and the impact they have had on others.
• Family-related: while still an offence, where the act took part as part of a family dispute and was not planned, and the child was not at risk, the offence will likely be considered minor in nature.

 

Seeking legal advice

As you can see, kidnapping is an incredibly serious crime to be charged with in 2023, and if you’re found guilty, it’s likely that you’ll face a custodial sentence. As a result, it’s imperative that you seek legal assistance at the earliest moment you can, to ensure that you receive the service you require. A criminal defence solicitor will be able to:

• Help you prepare for any interviews under caution with the police, remaining present during the interview itself
• Prepare your legal defence with you, arranging for representation in court if necessary
• Help you through the appeals process should you need
• Ensure that you’re treated fairly in accordance with the law at all times

The earlier you contact a solicitor, the higher your chances are that they’ll be able to help you in the ways that you require. Reach out now, before it’s too late.