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Press Release

Simplifying the law of kidnapping

28 September 2011

When is a kidnapping not a kidnapping?

In a consultation opening today, the Law Commission is seeking views on its provisional ideas for reform of the common law offence of kidnapping. The existing definition of kidnapping is unclear and leaves room for confusion. The Commission aims to clarify the definition of kidnapping, rectify the problems associated with the current law and ensure that all types of kidnapping can be dealt with efficiently by the courts.

Under the existing law, it is not enough simply for a victim to be taken away. For an abduction to constitute kidnapping a number of other conditions need to be met, and several parts of the definition are ambiguous. This presents one significant difficulty that amounts to a gap in the law: a child or an adult with learning disabilities who is enticed away by someone might, technically speaking, not be the victim of a kidnap. Although that person would lack capacity to consent to being taken, if the abductor doesn't use force or fraud there would be no offence. The Commission's proposals would close this loophole. A lack of consent by the victim should be enough even if no force of fraud was used by the abductor.

At present, kidnapping can be tried only in the Crown Court. The Commission is also suggesting that in appropriate cases, the offence should be capable of being tried not only in the Crown Court but also in the magistrates' court. A small but significant proportion of kidnapping convictions currently result in the offender receiving a sentence that could have been passed in the magistrates' court. Allowing these minor cases of kidnapping to be dealt with in the magistrates' court would help practitioners deal more efficiently and appropriately with minor cases, without burdening the Crown Courts.

Professor David Ormerod, the Law Commissioner leading on the project, says:

“The definition of kidnapping is both vague and arbitrary but the penalties can be high. Reform is needed to clarify the nature of kidnapping for the courts and allow practitioners to deal effectively and proportionately with the range of criminality. Our aim is to clarify the definition and boundaries of kidnapping and to ensure that these forms of wrongdoing can be prosecuted with confidence.”

The Commission's suggestions are set out in the consultation paper, “Simplification of Criminal Law: Kidnapping”, which is available on http://www.lawcom.gov.uk/.

The consultation is open until Tuesday December 27 2011.

Law Commission, September 28 2011

http://www.justice.gov.uk/lawcommission/consultations/1674.htm



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