The independent Sentencing Council has today published two new guidelines for sentencing offenders convicted of blackmail, kidnap or false imprisonment.

The new guidelines are the first for these offences. They have been developed through consultation to help judges sentence the wide range of offending covered by cases of blackmail, kidnap or false imprisonment.

The first new guideline covers blackmail offences, which generally involve demands for money or other property coupled with threats to the victim if they don’t give in to the demands. The guideline recognises the psychological harm and distress that can be suffered by victims of blackmail and assesses the level of actual or threatened loss not just in financial terms but in terms of what it would mean to the individual victim.

The second new guideline covers both kidnap and false imprisonment offences. Kidnap occurs when someone uses force or threat to take a victim somewhere against their will. False imprisonment generally happens when one person restrains another from leaving somewhere against their will. The guideline reflects that these offences can cause both physical and psychological harm to victims and allows the courts to recognise that false imprisonment in particular often occurs within the context of domestic abuse.

Sentencing Council member, Mrs Justice Juliet May, said:

“Blackmail, kidnap and false imprisonment are serious offences. They are personal in nature, can leave victims feeling distressed and violated, and are often committed in cases involving domestic abuse.

“The new guidelines from the Sentencing Council will enable the courts to take a consistent approach to sentencing these offences and help them pass sentences that recognise the full extent of the devastating impact these crimes can have on victims’ lives.”

The new guidelines apply to adults sentenced in England and Wales and will come into effect on 1 April 2025. Until then, courts sentencing these offences will continue to follow case law and the Council’s General guideline, which provides guidance to judges when sentencing offences for which there is no relevant offence-specific guideline.

Notes to editors:

1. Mrs Justice Juliet May is available for interview (limited availability).
2. Embargoed copies of the guidelines and the Council’s response to the consultation on the draft guidelines are available on request.
3. Blackmail is contrary to section 21 of the Theft Act 1968, with a maximum sentence of 14 years’ custody, and heard in the Crown Court only.
4. Kidnap and false imprisonment are both common law offences, with a maximum sentence allowed by law of life imprisonment, and heard in the Crown Court only.
5. Sentencing guidelines must be followed, unless the court is satisfied that it would be contrary to the interests of justice to do so in all the circumstances of a particular case.
6. The Sentencing Council was established by Parliament to be an independent body, but accountable to Parliament for its work, which is scrutinised by the Justice Committee. Justice Ministers are accountable to Parliament for the Sentencing Council’s effectiveness and efficiency, for its use of public funds and for protecting its independence. Judicial Council members are appointed by the Lady Chief Justice with the agreement of the Lord Chancellor. Non-judicial council members are appointed by the Lord Chancellor with the agreement of the Lady Chief Justice.