Criminal law: Offence against the person - False imprisonment

False imprisonment occurs when a person intentionally restricts another person’s movement within any area without legal authority, justification, or the restrained person's permission. Actual physical restraint is not necessary for false imprisonment to occur. A false imprisonment claim may be made based upon private acts, or upon wrongful governmental detention. For detention by the police, proof of false imprisonment provides a basis to obtain a writ of habeas corpus.

Under common law, false imprisonment is both a crime and a tort.

Imprisonment.

Within the context of false imprisonment, an imprisonment occurs when a person is restrained from moving from a location or bounded area, as a result of a wrongful intentional act, such as the use of force, threat, coercion, or abuse of authority.

The following are examples of false imprisonment:

The taking hostage of a bank's customers and employees by bank robbers.

The detention of a customer by a business owner (for example, hotel operator, apartment owner, credit card company) for the failure to pay a bill.

A robber in a home invasion ties hostages up and takes them to a separate room.

Detention that is not false imprisonment.

Even when a person is involuntarily detained, not all acts of detention amount to false imprisonment. The law may privilege a person to detain somebody else against their will. A legally authorized detention does not constitute false imprisonment. For example, if a parent or legal guardian of a child denies the child's request to leave their house, and prevents them from doing so, this would not ordinarily constitute false imprisonment. False imprisonment requires an intentional act, and an accidental detention will not support a claim of false imprisonment.