1.3 False Imprisonment

False imprisonment

the defendant directly, intentionally and unlawfully imprisons the claimant.

Imprisonment

total restraint of freedom of movement with no reasonable exit.

Bird v Jones

No imprisonment when there is alternative exit route

Murray v MOD

suggestion that the claimant need not be aware that they are being imprisoned

Austin

the longer the restraint on freedom takes place, the more it will need to be justified

Davidson v CC of North Wales

when the defendant acts through an intermediary imprisoning the claimant, the claimant is liable if the intermediary was acting on the defendant’s instruction only without exercising any of their own discretion.

Police and Prison Authorities

authorities possess extensive powers to detain suspects. As long as they are acting within these powers, their imprisonment is lawful.

Ex parte Evans

if the defendant exceeds the scope of their powers, this is unlawful. This applies even if it is accidental or the defendant believes they are acting within their powers.

Ex parte Hague

false imprisonment can occur during a lawful detention.