False imprisonment refers to the unlawful and intentional confinement or restraint of another person against their will, without proper legal justification. In England and Wales, it is classified as trespass to the person alongside battery and assault.
False imprisonment is defined in Collins v Wilcock (1984) as unlawful imposition or constraint of another's freedom of movement from a particular place. It occurs when a person intentionally restricts the freedom of movement of another individual without their consent and without lawful authority. It can involve physical barriers, such as locking someone in a room or tying them up, or non-physical means of restraint, such as threats or intimidation that make it difficult or impossible for the person to leave. To establish a claim of false imprisonment, several elements must typically be met:
Intentional or reckless act: False imprisonment requires an intentional or reckless act by the defendant. Even if the defendant genuinely believed the imprisonment was lawful or acted in good faith, it can still constitute false imprisonment.
Complete restraint: False imprisonment involves a total restraint on the claimant's freedom of movement. If there are reasonable means of escape available, false imprisonment may not be established.
Awareness: False imprisonment can occur even if the claimant is unaware of the confinement at the time. For example, secretly locking someone in a room would still constitute false imprisonment.
Omission: In general, false imprisonment is based on positive acts of restraint rather than omissions. However, there may be circumstances where a defendant can be held liable for false imprisonment through omission if they have a positive obligation to release the claimant and the claimant has a legal right to be released.
It should be noted that false imprisonment can occur even for a brief duration, such as a matter of seconds, as long as there is an unlawful restriction on the claimant's freedom of movement.
You can learn more about this topic and relevant case law with our Tort Law notes.
