On 12th February 2025, the Sentencing Council published new sentencing guidelines for the offences of Blackmail Kidnap and false Imprisonment to come into effect on 1st April 2025.
They have been developed to assist judges when sentencing to cover the wide range of offences covered by blackmail, kidnap or false imprisonment.
Blackmail
What is blackmail?
To be guilty of blackmail a person must, with a view to gain for themselves or another or with intent to cause loss to another, make unwarranted demand with menaces. This often requires demanding money or other property, and threats to the victim if they do not abide by the commands.
What have the new guidelines introduced?
The new guidelines now recognise psychological harm and distress that blackmail may cause to a victim. They also assess the level of actual or threatened loss to the victim, not just financially but what it would mean to the victim individually.
What is the sentence range for blackmail?
The sentence range for blackmail starts with a community order up to a maximum of 10 years imprisonment.
Kidnap and false imprisonment
What is kidnap and false imprisonment?
Kidnap is when someone uses force or threat to take a victim somewhere against their will. False imprisonment is when one person does not allow another person to leave, a location and holds them against their will.
What have the new guidelines introduced?
The guidelines now recognise the physical and psychological impact these offences can cause to victims.
New false imprisonment guidelines now recognise false imprisonment often occurs within a domestic abuse setting.
What is the sentence range for kidnap/ false imprisonment?
The sentence range kidnap/ false imprisonment is a community order to 16 years in custody.
How can the sentences for Kidnapping, False Imprisonment or Blackmail be reduced?
In sentencing an individual, the court needs to consider first offence category which relates to culpability of the offender. For example, the way that the offence was carried out and the individual’s involvement in the offence, whether it was planned or took place over a prolonged period. Secondly the court would consider the harm or loss to the victim/s caused by the offence.
The court then considerer whether there are aggravating features of the offence which make the offending more serios such as the involvement of weapons, group involvement or previous convictions.
Finally, the court will consider mitigating factors which reduce the seriousness of the offence. This could be both offence or offender related, such as being a young age or lack of maturity or a lesser involvement in the offence.
If you have been arrested or accused of blackmail, kidnap or false imprisonment you need professional criminal defence solicitors handling your case. Solicitors with experience in these offences can make submissions to the court to ensure that that the offence category is appropriate for the level of offending, and that all possible personal and offence related mitigation is advanced to the court to enable the best possible outcome.
How can we help?
Burton Copeland are expert criminal defence solicitors based in Manchester and operating throughout the UK. We can help you if you have been arrested or charged.
Get in touch with our expert solicitors as soon as possible by calling 0161 827 9500 at any time. Alternatively, fill in our online form and we’ll get back to you as soon as we can.