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Legal Terms - False imprisonment
A person's freedom of movement is unlawfully restricted, although it is not necessarily in a prison. False imprisonment encompasses unlawful detention and the unlawful interference with an individual's ability to exit a room or establishment. Accordingly, any complete restriction of freedom of movement is sufficient. The restriction must be complete; it is not imprisonment to obstruct an individual from progressing in one direction if they are free to depart in another (Bird v Jones (1845) 7QB 742). False imprisonment is a form of trespass towards the individual; therefore, it is unnecessary to demonstrate that it has resulted in actual harm. It is a strict liability tort and a crime. The writ of habeas corpus is available to restore the imprisoned person to liberty, and damages, which may be *aggravated or *exemplary, can be obtained in tort.
A person's freedom of movement is unlawfully restricted, although it is not necessarily in a prison. False imprisonment encompasses unlawful detention and the unlawful interference with an individual's ability to exit a room or establishment. Accordingly, any complete restriction of freedom of movement is sufficient. The restriction must be complete; it is not imprisonment to obstruct an individual from progressing in one direction if they are free to depart in another (Bird v Jones (1845) 7QB 742). False imprisonment is a form of trespass towards the individual; therefore, it is unnecessary to demonstrate that it has resulted in actual harm. It is a strict liability tort and a crime. The writ of habeas corpus is available to restore the imprisoned person to liberty, and damages, which may be *aggravated or *exemplary, can be obtained in tort.
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