Kidnap, Blackmail and False Imprisonment – New Sentencing Guidelines

Proposals Made for Sentencing Guidelines for Kidnap, Blackmail & False Imprisonment

Draft guidelines for sentencing offenders convicted of blackmail, kidnap or false imprisonment, were published by the independent Sentencing Council.

Under the proposals judges will, for the first time, have dedicated guidelines to follow when sentencing these offences. The new guidelines will ensure that the courts are able to take a consistent approach when sentencing these offences, which can range in severity and can cause serious harm to victims.

Currently, courts sentencing such cases will follow case law that has developed over time to sentence the offences and the Council’s General guideline, which provides guidance to judges when sentencing offences for which there is no relevant offence-specific guideline.

The proposed guidelines, which apply to all adults being sentenced in the Crown Court of England and Wales, cover the following offences:

Blackmail where cases generally involve demands for money coupled with a threat to do something against the victim’s interests if they don’t pay. The Council is proposing a range of sentences from a community order to 12 years’ custody for the most serious offences.

False imprisonment which generally occurs when a person restrains another from leaving a place against their will.

Kidnap which occurs when a person takes a victim by force, or threats, to another place without their consent and without lawful excuse.

The Council is proposing a single guideline covering both kidnap and false imprisonment offences with a range from six months to 16 years’ custody for the most serious offences.

What impact on sentence length will the new guidelines have?

Overall, the kidnap and false imprisonment combined guideline is anticipated to increase custodial sentence lengths for these offences and may therefore result in a total requirement of around 80 additional prison places (around 20 prison places for kidnap, and around 60 for false imprisonment).

For blackmail, it is also anticipated that sentence lengths imposed will increase under the draft guideline. The guideline is estimated to result in a total requirement of around 50 additional prison places.

Kidnap

In 2022, around 110 offenders were sentenced for kidnap; this is an indictable only offence and can only be sentenced at the Crown Court.

The majority of offenders were sentenced to immediate custody (82 per cent). A further 10 per cent were ‘Otherwise dealt with’ (see the ‘Further information’ section for more details) and 6 per cent of offenders received a suspended sentence order. The remaining offenders received either a community order (1 per cent) or a discharge (1 per cent).

For those sentenced to immediate custody in 2022, the average (mean) custodial sentence length (ACSL) was 5 years 9 months, after any reductions for guilty plea, with 82 per cent receiving a sentence post guilty plea of up to and including 8 years. The statutory maximum sentence for this offence is life imprisonment.

False imprisonment

Around 110 offenders were sentenced for false imprisonment in 2022, which is broadly consistent with the number of offenders sentenced over the previous 5 years. This is an indictable only offence and can only be sentenced at the Crown Court. The majority of offenders (82 per cent) received immediate custody. A further 7 per cent were ‘Otherwise dealt with’, and 6 per cent received a suspended sentence order. The remaining offenders received a community order (4 per cent) or a discharge (1 per cent).

For those sentenced to immediate custody in 2022, the average (mean) custodial sentence length (ACSL) was 4 years 6 months, after any reductions for guilty plea, with just over three quarters (77 per cent) receiving a sentence of up to and including 6 years. The statutory maximum sentence for this offence is life imprisonment.

Blackmail

In 2022, around 140 offenders were sentenced for blackmail. This is an indictable only offence and can only be sentenced at the Crown Court. Most offenders sentenced for blackmail receive a custodial sentence. Around 73 per cent of offenders were given an immediate custodial sentence and 24 per cent were given a suspended sentence order. A further 1 per cent of offenders received a community order and the remaining 2 per cent were ‘Otherwise dealt with’.

The statutory maximum sentence for this offence is 14 years’ custody. For those sentenced to immediate custody, the average (mean) custodial sentence length in 2022 was 2 years 10 months, after any reductions for guilty plea. This is broadly consistent with previous years. Around 95 per cent of offenders sentenced to immediate custody received a sentence length of up to and including 6 years.

Final guidelines for these offences will likely come into effect towards the end of 2024.

How We Can Help

It is imperative that legal representation is sought as soon as possible in relation to any of these offences because as this article highlights, the implications can be far-reaching. Please do not hesitate to get in touch by calling us on 0161 477 1121 or email us for more information.