This consultation provisionally proposed that kidnapping and false
imprisonment should be replaced by one or more offences set out in
statute. It was provisionally proposed that the offences should be
made triable in a magistrates' court as well as in the Crown Court.
Consultees disagreed, and on further statistical analysis it
appeared that no significant number of kidnapping and false
imprisonment cases result in sentences of less than 6 months'
imprisonment. It was therefore recommended that these offences
remain triable in the Crown Court only, with the existing maximum
penalty of life imprisonment. In line with the model favoured by
consultees, the creation of two distinct statutory offences to
replace the existing common law were recommended: that false
imprisonment be replaced with a new statutory offence of unlawful
detention (a label which we believe better captures the nature of
the offence) and a new statutory kidnapping offence. It was also
recommended to increase of the maximum sentences for these offences
from 7 to 14 years' imprisonment, in order to avoid undesirable
inconsistency between the most serious instances of these offences
and kidnapping offences of a comparable level of seriousness and
that the offence under section 1 be extended to cover cases of
wrongful retention of a child abroad, in breach of the permission
given by another parent (or other connected person) or the court.
This extension would close the gap in the law highlighted in the
case of R (Nicolaou) v Redbridge Magistrates' Court.
General
Is the information for this product incomplete, wrong or inappropriate?
Let us know about it.
Does this product have an incorrect or missing image?
Send us a new image.
Is this product missing categories?
Add more categories.
Review This Product
No reviews yet - be the first to create one!
Welcome to Loot.co.za!
Sign in / Register |Wishlists & Gift Vouchers |Help | Advanced search
