Policing.uk

Kidnapping (Common Law)

Common law

  • Indictable only
  • Life imprisonment

Kidnapping (Common Law) is an offence against the person under Common law. It carries a maximum sentence of Life imprisonment. From a policing perspective, officers must consider the level of injury, whether a weapon was used, the vulnerability of the victim, and any domestic abuse context. Evidence preservation (photographs of injuries, CCTV, witness statements, body-worn video) is critical.

In practice

This is an indictable-only offence: it must be tried at the Crown Court. The charging decision rests with the CPS (not police). Officers should photograph injuries at the earliest opportunity and again after 24-48 hours (bruising develops). Domestic abuse cases require completion of a DASH risk assessment. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).

Last updated 24 May 2026