False Imprisonment: Police unlawful restraint
False Imprisonment: Unlawful restraint by Police or Individual
False imprisonment is when someone denied you freedom of movement without lawful justification. It is the unlawful bodily restraint, imprisonment, or arrest of a person.
There’s this case I read about false imprisonment that depicts what exactly happens in Nigeria on a daily. This case happened in Australia, it is about where the driver prevented the woman from coming down from the vehicle at her specific destination by driving past in excessive speed. The court held that that driving a motor vehicle and preventing a passenger from coming down at his/her destination was false imprisonment. False Imprisonment as our topic for today is very interesting.
False Imprisonment: Police unlawful restraint. What you need to know
Any detention, denial of personal personal liberty or freedom movement of a person in any place without lawful justification is false imprisonment.
False imprisonment is a breach of fundamental right to personal liberty under Chapter 4 of the Nigerian constitution. It includes detention by government as well as detention by a private person or individual.
Imprisonment usually means locking up a person in jail but in this context, imprisonment has a much wider meaning. It includes any physical restraint of a person in a locked or an open place such as in a streets.
There are some important things I want you to note about false imprisonment. These are the things that when they are present in your case then you will know that you are a victim of false imprisonment or an offender.
1. Note that false imprisonment must not be confinement in a prison cell. False imprisonment can happen in a house, vehicle, mine, street, cell, prison etc. So long as the restraint is complete and that you are made to remain where you don’t want to remain or to go where you don’t want to go.
2. The state of mind (intention) of the tortfeasor is not relevant. It means once there’s an act of false imprisonment, the tortfeasor is liable in the absence of any lawful excuse.
For example, if you recklessly or negligently locks a door against another person, you will be liable for false imprisonment even though you did not know that there was a person in the room or house.
Purpose of law of false imprisonment
The purpose of law of false imprisonment is to protect the right to personal liberty and the rights to freedom of movement.
The third thing you need to know about false imprisonment is that restraint must be total. Where there’s a reasonable route, exit or means of escape, then the restraint is not complete and there will be no false imprisonment. The available means of escape must be reasonable, a means which will endanger the person’s life will not excuse the defendant.
Lastly, it is not necessary for the person who is restrained to know at the time that he was detained, restrained, confined or being prevented from leaving. It is sufficient if he/she is informed of the false imprisonment later.
A person may be falsely imprisoned while unconscious, asleep or otherwise unaware of it. As long as the false imprisonment was complete, if you learn about it from another person, you can sue.
Having known all these about false imprisonment. I know it’s now obvious to you that are constantly a victim of false imprisonment but you never knew because of lack of knowledge.
Like I always say, remember to employ the services of a legal practitioner in any of your legal matters.
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