WHAT SHOULD I DO IF I’M ARRESTED OR CHARGED FOR KIDNAPPING?

For the vast majority of people, being arrested or charged with a crime as serious as kidnapping is a frightening and overwhelming experience. The law surrounding kidnapping in England is complex, and the consequences of a conviction can be extremely serious. If you or someone you know is facing allegations of kidnapping, it is so important that you understand your rights, the legal process, and the importance of seeking expert legal advice as soon as possible. This article explains what you should do if you are arrested or charged for kidnapping, what to expect during the process, and where to get the help you need.

Do I need a solicitor for kidnapping?

Kidnapping is a common law offence in England, meaning it is not set out in a specific statute but has been developed through case law over time. The offence involves unlawfully taking or detaining another person by force or fraud, without their consent, and without lawful excuse.

If you are arrested or charged with kidnapping, you absolutely need a solicitor. Here are the key reasons why:

• Kidnapping is a very serious offence, often carrying lengthy prison sentences if convicted. The stakes are high, and the law is complex.
• The police will interview you under caution, and anything you say can be used as evidence. A solicitor will advise you on your rights and help you avoid saying anything that could harm your case.
• A solicitor will review the evidence against you, identify weaknesses in the prosecution’s case, and advise you on possible defences.
• If you are charged, a solicitor will represent you in court, prepare your case, and argue on your behalf.
• The law on kidnapping overlaps with other offences, such as false imprisonment or child abduction. A solicitor will ensure you are charged correctly and that your case is handled properly.
• If you are remanded in custody, a solicitor can make bail applications and argue for your release.
• Sentencing for kidnapping is complex and depends on many factors. A solicitor will present mitigation to the court to achieve the best possible outcome.

Without expert legal representation, you risk making mistakes that could seriously affect your case and your future. It is always in your best interests to have a specialist criminal defence solicitor by your side from the earliest stage.

What are possible defences for kidnapping? 

The prosecution must prove you took or detained someone unlawfully and without their consent. Possible defences include:

• Lawful authority, if you had a legal right or duty to detain the person, such as acting under a court order.
• Consent, if the alleged victim willingly agreed to go with you or remain with you.
• Mistaken identity, if you were not the person involved in the alleged kidnapping.
• Lack of intent, if you did not intend to detain or take the person unlawfully.
• Challenging the evidence, such as questioning the accuracy of witness statements or the circumstances of the alleged detention.

A solicitor will examine the details of your case and advise you on the strongest possible defence.

Will I get bail for kidnapping?

Whether you will be granted bail for a kidnapping charge depends on several factors. Bail is not automatic, especially for serious offences like kidnapping. The court or the police will consider the following when deciding whether to grant bail:

• The seriousness of the offence and the strength of the evidence against you.
• Whether you have previous convictions, especially for similar offences.
• The risk that you might fail to attend court if released on bail.
• The risk that you might commit further offences while on bail.
• The risk that you might interfere with witnesses or obstruct the course of justice.
• Your personal circumstances, such as your ties to the community, employment, and family situation.

If the court is concerned about any of these risks, they may refuse bail and remand you in custody until your trial. However, in many cases, bail can be granted with strict conditions. These might include:

• Living at a specified address.
• Reporting regularly to a police station.
• Surrendering your passport.
• Not contacting certain people (such as the alleged victim or witnesses).
• Curfews or electronic monitoring.

Having a solicitor is vital when applying for bail. Your solicitor will present arguments and evidence to address the court’s concerns, propose suitable bail conditions, and give you the best chance of being released while your case is ongoing.

Will I have to go to court if I’m arrested or charged for kidnapping?

If you are charged with kidnapping, you will almost certainly have to go to court. Kidnapping is an indictable-only offence, which means it can only be tried in the Crown Court before a judge and jury. The process usually begins with a hearing in the Magistrates’ Court, where your case will be sent to the Crown Court.

At court, you will have the opportunity to enter a plea. If you plead not guilty, your case will proceed to trial. If you plead guilty, the court will move to sentencing. Throughout this process, your solicitor will represent you, advise you on your options, and ensure your rights are protected.

Court proceedings can be daunting, especially for those with no previous experience of the criminal justice system. Your solicitor will guide you through each stage, explain what to expect, and prepare you for giving evidence if necessary.

Will I go to jail if found guilty of kidnapping?

Kidnapping is regarded as a very serious offence by the courts, and a prison sentence is highly likely if you are found guilty. The length of the sentence will depend on several factors, including:

• The circumstances of the offence (for example, whether violence or threats were used, the duration of the detention, and the impact on the victim).
• Whether the offence was planned or spontaneous.
• Your role in the offence (for example, whether you acted alone or with others).
• Any previous convictions you may have.
• Whether you pleaded guilty at an early stage.

Sentences for kidnapping can range from several years to life imprisonment in the most serious cases. The Sentencing Council provides guidelines to help judges decide on the appropriate sentence, but each case is considered on its own facts.

Your solicitor will present mitigation on your behalf, highlighting any factors that may reduce your sentence, such as genuine remorse, lack of previous convictions, or personal circumstances.

Will I go to jail if it’s my first offence of kidnapping?

Even if it is your first offence, kidnapping is so serious that a custodial sentence is still very likely. The courts take a strict approach to offences involving the unlawful detention of another person, especially if there was any violence, threats, or harm caused to the victim.

However, the fact that it is your first offence will be taken into account as a mitigating factor. If there are other mitigating circumstances – such as a guilty plea, genuine remorse, or evidence that you were under duress – your solicitor will present these to the court to try to reduce the length of any prison sentence or, in rare cases, argue for a non-custodial sentence.

You should look for a solicitor who you feel confident can put forward the strongest possible case in mitigation and ensure that all relevant factors are considered by the court.

Can I get Legal Aid for kidnapping?

Legal Aid is available for those facing serious criminal charges such as kidnapping, provided you meet certain criteria. Legal Aid helps cover the cost of legal representation if you cannot afford to pay for a solicitor yourself.

To qualify for Legal Aid, you will need to pass both a means test (which looks at your income and assets) and a merits test (which considers the seriousness of the case and whether it is in the interests of justice for you to have legal representation).

Given the seriousness of kidnapping charges, the merits test is almost always satisfied. The main issue is whether you meet the financial eligibility requirements. The income test, also known as the means test, looks at your household income, savings, and any assets you may have. If your income is below a certain threshold, you are likely to qualify for Legal Aid in full. If your income is above the threshold, you may still be eligible for partial funding, but you might have to make contributions towards your legal costs. The assessment takes into account your partner’s income and certain living expenses.

With the right guidance, however, this is not a complicated process: your solicitor can help you gather the necessary financial information, complete the application, and advise you on the process, ensuring you have the best chance of securing Legal Aid.

Where to get more help

Facing a kidnapping charge is a life-changing event, and the consequences of a conviction can be severe. Get expert legal advice and representation as soon as possible. Stuart Miller Solicitors are highly experienced in defending clients accused of kidnapping and other serious offences. Our team will guide you through every stage of the process, protect your rights, and fight for the best possible outcome. If you or someone you care about has been arrested or charged with kidnapping, contact Stuart Miller Solicitors today for a free, confidential consultation. We are here to help you when you need it most.

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11:57 01 May 25

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14:25 20 Jan 25

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16:48 16 Jan 25

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I recommend Rob he got me a suspended sentence of a 9 weeks sentence on a common assault on an emergency officer much appreciate he was there to communicate at all time when in need and reassured me that we will have a good result in the end as long as I complied hats off to rob and i hope others have a good or better experience working with him as his truly passionate about his workThanks robJahvellDate of experience: November 5th

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15:43 11 Oct 24

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10:19 30 Sep 24

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14:13 14 Aug 24

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19:53 11 Aug 24

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09:14 10 Aug 24

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17:21 25 Jul 24

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16:59 11 Jul 24

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15:02 30 Jun 24

I actually spoke to one of the solicitors via TikTok when I came across a video they had posted - they were quick to respond and listen to my Case and offer me advice I feel they gave me some piece of mind and will definitely be keeping in touch

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11:59 25 Jun 24

Amazing lawyer firm. After being represented by Amirah K. we were able to have our case dropped within 5 months when original estimates had been 2 years!! Most firms said they would do nothing and that we should just do legal aid. Stuart Miller said “No” and instead seeked to represent us, they chased the OIC and went far and beyond.If you need a lawyer, don’t waste time on these other smaller firms that promise nothing but scary maybes and demand thousands in return. Go with Stuart Miller, it’ll be the best decision you ever made.

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11:42 13 Jun 24

We found this place on the last minute and we did not expect that the problem will be resolved.Was a complicated matter and we wouldn’t trust to everyone but Abu Kibla with his professional experience made it so calm and easy for us. We cannot thank him enough for being able to resolve our case with the best outcome ever. We will definitely recommend Abu to any friends or relatives. Once again thank you for the bottom of the heart.

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18:52 11 Jun 24

Thanks a lot for my case , I’m really happy with progress. Especially one of best Duygu she’s done brilliant job for me 🤞🏼🤞🏼🙏🏼🙏🏼

264144253

06:44 29 May 24

I have unfortunately found myself in a position to be needing legal advice and representation in court. This company has been professional and efficient from start to finish. Excellent communication and advice from Kelly and representation from Robert in court. They were both amazing and explained every step of the process and calmed me down and also managed to get the unfounded charges dropped. I can’t recommend them enough. They absolutely take your case personally and try their hardest for you every step of the way.

Souad Ghailan

17:12 17 May 24

I’m not really sure where to start I been on a roller coaster with my son and his many cases for years now. So Stuart miller solicitors have become like family to me.Nothing I can say on here will ever give the amount of gratitude and and thanks to these guysI want to thank them individually as i have had personal experiences with all 3 of them, Zeb I cannot say thank you enough, you have been there through my darkest days , got me through times when I had very low moral. Your level of expertise and your knowledge of law, are priceless and of course you are a real force to be reckoned with!! Kibla thank you I know I have not been easy at times to deal with but you kept your cool and professional conduct throughout you and Zeb have gone beyond what your duties were with my son cases, I will forever be grateful for your unwavering support in all matters.Savanna words are not enough for you, for your commitment your dedication and hard work youput in is unmeasurable you guys are the best lawyers in london, because you made me feel like my son case mattered and you thought hard to get him the best outcome , with multi counts of A class drug charges knife and handing stolen goodAnd second strike I thought it was game over For my son, he really was looking at many years in prison.Not so with all your expertise and drive and hard work the end result was excellent 4half years to serve half with mitigation this meant he will serve a small amount of time.This was truly a massive shock to me and an excellent result.I cannot recommend Stuert Miller enough these guys are truly worth their weight in law.I wish you guys every success in your firm you truly deserve itYour forever gratefulSouad ghailan

Maciek Rad

13:32 16 May 24

I would just like to thank Mohammed Zeb, for the amazing work he put in at court today. He really helped me understand the matter and how to solve it with such professionalism. I would highly recommend Mohammed to anyone that’s got any ongoing cases.

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11:06 16 May 24

I really appreciate Mr Mohammed Zeb for his support, advice and his strong defence in my case. He’s a great solicitor and I’ll definitely be requesting him if ever need be in the future.

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11:05 16 May 24

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09:45 14 May 24

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Mannaa Mo

23:16 24 Apr 24

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Ayesha Akbar

20:24 06 Mar 24

We had an issue with the police raising an incorrect safeguarding issue against our daughter because we used a Complementary Alternative Medicine (CAM) which they disagreed with (wet cupping therapy). The police wanted us to sign a community resolution order admitting that we assaulted our child! We spoke to Mohammed Zeb who swiftly acted to contact experts in our field and his field, along with experts in social services matters and gave us recommendations to challenge the police. Their weak case quickly dissolved into no further action when the police realised that we would not accept a resolution order claiming we assaulted our child.I would strongly recommend Mr Zeb to all and would use nobody but them in the future.

Samanda Jashari

17:06 27 Feb 24

After searching high and low, they are best solicitors in the uk! They truly care about people and are willing to help no matter when. Very honest and realiable!

paula militaru (paula)

15:37 16 Feb 24

Stuart Miller Solicitors are the best !I been searching online for legal aid solicitors, and I find them!Easy with all documents required, and easy with my case too!They been so helpful to me and they give me a positive vibe every single time we meet up for my case !They are amazing and I definitely recommend them 100 % !Thank you so much to both of solicitors who get my case and god bless them forever !

dean morgan

10:14 16 Feb 24

They where very helpful and contact me as soon as the officers writen to them about my bail.

Sophia H

15:27 08 Feb 24

Stuart Millers were great at dealing with a tricky case and managed to get a great outcome. From the first meeting and hearing, Abu Kibla was friendly, knowledgable and very helpful and you can see a genuine care for his clients. Luke Collins did the day to day and was great at preparing clear written representations and dealing with the CPS. Kathleen Joyce attended the final hearing and despite a last minute time change by the court the day before, she was well prepared, presented the case and mitigation arguments perfectly and was very reassuring and comforting throughout the whole day. Professional, responsive and reasonable fees. Would definitely recommend the firm.

Hassan Ali

20:42 07 Feb 24

Unfortunately I got myself into abit of trouble and didn't have a solicitor at the time. When I was in the police station I was asked if I wanted a solicitor and I said yes and I was then put in a cell till I was interviewed. Officer come to my cell to take me to my interview and asked if I wanted to consult with my solicitor I said yes, when we got to the Consultation room Mr Zeb was waiting for me and he ensured me that everything was going to be okay and this case will be solved with no problems at all and he was right I got NFA and the case was dropped that's all thanks to Mr Zeb he was very professional in this field and was intouch with me and kept me updated with everything that was going on. I will definitely use this firm again in future.

Clare Peters

20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

Yeliz Akturk

12:36 22 Jan 24

Many people promise to deliver some just talk nonsense on social media platformsThe truth is that your defence team must be on the same level as your thought if you have any chance of winningMy case was difficult complex and very seriousI thank you all at Stuart miller : Mohammed Zeb and Peter had it not been for your care knowledge support I would not be here todayThank you from my family and I

Jamshad Naeem

22:14 20 Jan 24

Words can not do justice to Stuart Miller Solicitors. I am forever grateful to Mohammad Zeb and Savannah who came to me like angels along with their appointed barrister Harry Mcdonald when my son was on trial. With my son having three charges against him along with joint enterprise which included affray and violent disorder. They took the case on and from the very 1st day kept me updated with the progress and supported me throughout the case. With my son in remand and a serious injury to his face they kept him motivated and in the right frame of mind with video links. Also they were available to him even on weekends if he had any questions. Their guidance and professionalism was absolutely outstanding. Savannah was superb throughout this case. Her approach to everything made it easy for me and my family. The barrister Harry took the case on at short notice and what a outstanding approach he had. Being in court for the 1st time for my son he represented my son superbly. After arguing his defence for my son for 7 gruelling days my son was found not guilty of all charges. I can not praise Stuart Miller enough. A must go to firm if you are in a unfortunate situation and need legal help. Wish Mohammad Zeb, Savannah, Harry Mcdonald and everyone at Stuart Miller the very best for the future. A very big thank you from me and my family.

Colm Walshe

23:14 19 Jan 24

Kiran was amazing with my case, made me feel at ease from the start, was very helpful and professional in resolving matters as quickly as possible. Would highly recommend

Real Cubano

13:03 16 Jan 24

Phil is the best ….Thank you thank you 🙏🏻…..

Phillip taylor

19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

Victoria Poku

20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

Maryam Khan

19:54 19 Dec 23

Great service, very professional, highly recommend!!

J Rowe

21:00 09 Dec 23

Thank you to Holly Lambeth and the team for my not guilty verdict at woodgreen Crown Court.

Maria Missii

11:13 06 Dec 23

Very confidential, professional manner thank you Tasnuva for your help.

asfandyar mahmood

17:49 01 Dec 23

OOPPPS THEY DID IT AGAINTHANKS TEAMESPECIALLY TO NAIMAIF IT WASNT FOR YOUR HARD WORK I WOULDNT BE HERE

Gent Entz

09:45 01 Dec 23

I just like to say a very big thank to Stuart Miller and the team but most especially Victoria, Mohammed Zebb, Kiran and the Receptionist for all their hard effort and now I'm on my way forward with getting on with my own life; Thank you so much StuartMiller and team. I've been with you people since 2012/2013 (roughly 7 years) I'll never forget them in my future career. stuartMiller are extremely kind and respectful. To all you solicitors aswell I wish you all best.Thank you.All the best.

Gabriel Chirwa

15:51 28 Nov 23

When I called for help, straight away, they pick up the call. Spoken to me with respect and followed up with an email of instructions, which is a massive relief.

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