9084 · 4.3.3
False imprisonment flashcards
Revision flashcards for Cambridge 9084 False imprisonment (syllabus 4.3.3). Flip, recall, then mark a real past-paper question.
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False imprisonment definition?
The unlawful imposition of constraint on another's freedom of movement from a particular place. It is actionable per se.
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What are the three essential elements of the tort of false imprisonment?
1. An intentional act by the defendant. 2. That results in the complete restraint of the claimant's movement. 3. Without lawful justification.
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What is the legal principle from Bird v Jones (1845)?
That the restraint on the claimant's freedom must be total. A partial obstruction of movement in a particular direction is not sufficient to constitute false imprisonment.
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Does a claimant need to be aware that they are being falsely imprisoned?
No. The House of Lords in Murray v Ministry of Defence (1988), confirming Meering v Grahame-White Aviation, held that a person can be imprisoned without knowing it. However, lack of awareness may lead to only nominal damages.
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What is meant by 'lawful justification' in the context of false imprisonment?
It is a defence where the defendant can prove they had legal authority for the detention. Examples include a lawful arrest under PACE 1984, or the claimant's consent (e.g., agreeing to reasonable conditions of exit as in Robinson v Balmain New Ferry).
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Is false imprisonment actionable per se?
Yes. This means the claimant does not need to prove they suffered any injury, loss, or damage. The act of unlawfully restraining their liberty is, in itself, a tort for which they can claim a remedy.
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Ilich v R?
Moral pressure or psychological coercion is generally insufficient without a physical barrier or an assertion of authority that leads to total restraint.
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What are the main remedies for false imprisonment?
Damages (general, aggravated, exemplary) and the writ of habeas corpus.
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How are basic damages for false imprisonment calculated?
Based on duration. The case of Thompson v Commissioner of Police established a tariff, starting higher for the first hour (e.g., £500-£1000) and decreasing for subsequent hours.
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What are aggravated damages?
Awarded for injury to the claimant's feelings, dignity, and pride caused by the defendant's high-handed, malicious, or insulting manner during the imprisonment.
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What is a writ of habeas corpus?
A legal order requiring a person under arrest to be brought before a judge or into court, to secure the person's release unless lawful grounds are shown for their detention.
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What are the key conditions for a citizen's arrest under s.24A PACE 1984?
1) An indictable offence is being/has been committed. 2) The arrester has reasonable grounds for suspicion. 3) It is not reasonably practicable for a constable to make the arrest. 4) The arrest is necessary to prevent specific outcomes (e.g., causing injury, damage, or absconding).
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What did Herd v Weardale Steel establish?
That if a person voluntarily enters a situation with specific conditions of exit (like a work shift), refusing to allow them to leave outside those conditions is not false imprisonment. This is a form of consent (volenti non fit injuria).
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Can an omission constitute false imprisonment?
Generally, a positive act is required. However, an omission can suffice if the defendant is under a positive duty to release the claimant, such as a prison governor failing to release a prisoner at the end of their sentence.
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What is the significance of the duration of imprisonment?
Duration is irrelevant for establishing liability; even a very brief detention can be false imprisonment. However, the length of the detention is a key factor in assessing the amount of damages to be awarded.