Non-Fatal Offences Against the Person Act 1997

False imprisonment.

15

15. (1) A person shall be guilty of the offence of false imprisonment who intentionally or recklessly—

( a) takes or detains, or

( b) causes to be taken or detained, or

( c) otherwise restricts the personal liberty of,

another without that other's consent.

(2) For the purposes of this section, a person acts without the consent of another if the person obtains the other's consent by force or threat of force, or by deception causing the other to believe that he or she is under legal compulsion to consent.

(3) A person guilty of an offence under this section shall be liable—

( a) on summary conviction, to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or

( b) on conviction on indictment, to imprisonment for life.

Annotations:

Editorial Notes:

E17

A fine of £1,500 translates into a class C fine (€1,000 to €2,500) as provided (4.01.2011) by Fines Act 2010 (8/2010), s. 6(2) and table ref. no. 1, S.I. No. 662 of 2010.

E18

Offence under section listed as offence for the purposes of Criminal Justice Act 2007, Part 3 (18.05.2007) by Criminal Justice Act 2007 (29/2007), ss. 25, 26 and sch. 2 para. 2(c), S.I. No. 236 of 2007.

E19

Gardaí have powers of detention in relation to an offence under section involving the use of a firearm as provided (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 50(1)(d), S.I. No. 236 of 2007.