Deprivation of Liberty Practice Questions

Free NPPF Step 2 Deprivation of Liberty questions with full answers, for Sergeant and Inspector candidates.

20+ questions in the full bankType A format

About this topic

This topic covers kidnapping, false imprisonment, hostage taking and modern slavery. Questions test the elements of each offence and how consent and deception affect liability.

Expect questions on the taking or carrying away required for kidnapping, restraint for false imprisonment, and the slavery and trafficking offences with the statutory defence for victims.

Key legislation and cases

Common law: kidnapping and false imprisonment
Modern Slavery Act 2015, ss.1, 2 and 45

Worked examples

Try each question before opening the answer. Every option is explained, because the exam usually turns on why the near-miss answers are wrong.

Worked question 1 of 2Standard

DC Cole is reviewing a case where Petrov locked Garner in a room at his house for three hours without her consent, refusing to let her leave. Petrov is being considered for a charge of kidnapping. DC Cole considers whether the facts make out the offence. Which of the following is correct?

APetrov commits kidnapping because he deprived Garner of her liberty without her consent and without lawful excuse for a significant period.
BKidnapping is not made out on these facts - kidnapping requires taking or carrying away the victim, which has not occurred here.
CPetrov commits kidnapping because the duration of the detention - three hours - is sufficient to elevate unlawful detention to kidnapping.
DKidnapping is not made out because Garner was detained in a private dwelling - kidnapping can only be committed in a public place.

Show answer and explanation

Answer: B

Kidnapping is a common law offence confirmed in R v D [1984], requiring: (1) taking or carrying away the victim; (2) by force or fraud; (3) without consent; and (4) without lawful excuse. The critical element missing here is taking or carrying away - Petrov has detained Garner in one place without moving her. The appropriate offence on these facts is false imprisonment. Duration does not convert unlawful detention into kidnapping and there is no public place requirement for either offence.

R v D [1984] AC 778; common law

R v D [1984]: kidnapping consists of "the taking or carrying away of one person by another, by force or by fraud, without the consent of the person so taken or carried away and without lawful excuse"

A: Deprivation of liberty without consent does not by itself constitute kidnapping. The offence requires taking or carrying away the victim - detention in one place is not sufficient.
C: There is no rule that a sufficient period of detention becomes kidnapping. Duration is irrelevant to whether the offence is kidnapping - what matters is whether the victim was taken or carried away.
D: Kidnapping has no public place requirement. The charge fails here because of the absence of taking or carrying away, not because of the location.

Worked question 2 of 2Standard

DC Cooper investigates a false imprisonment allegation. Murray told Davies that she was required by law to attend the police station for questioning and that she had no choice but to go with him. Murray has no police powers. Davies accompanied Murray voluntarily believing this to be true. Which of the following most accurately states the legal position?

AMurray commits no offence of false imprisonment because Davies accompanied him voluntarily - voluntary movement cannot constitute imprisonment regardless of what was said to induce it.
BMurray commits no offence of false imprisonment because false imprisonment requires physical restraint - verbal deception that causes a person to restrict their own movement is not within the offence.
CMurray commits false imprisonment because he restrained Davies's liberty without lawful authority - the consent obtained by deception as to Murray's powers is not a true consent and does not negate the imprisonment.
DMurray commits false imprisonment because he restrained Davies's liberty without lawful authority - the consent obtained by deception as to Murray's powers is not a true consent, but this principle only applies where the deception relates to the defendant's identity, not their powers.

Show answer and explanation

Answer: C

False imprisonment is the unlawful and intentional restraint of a person's freedom of movement. Consent obtained by fraud or deception is no true consent. Murray deceived Davies into believing she was legally obliged to accompany him, negating any genuine consent. Physical restraint is not required. Options C and D are structurally identical - D adds a restriction limiting the negation-of-consent principle to deception about identity only, which does not exist in law.

R v Herd [1947]; R v Rahman (1985)

False imprisonment (common law): the unlawful and intentional or reckless restraint of a person's freedom of movement from a particular place without lawful justification.

A: Voluntary movement induced by deception as to legal obligation does not constitute true consent. The voluntariness is itself a product of the fraud.
B: Physical restraint is not required for false imprisonment. Restraint of freedom of movement by any means - including deception - is sufficient.
D: The principle that consent obtained by deception is no true consent applies to deception as to any material matter - including the defendant's powers, not only their identity. Option D invents a restriction that does not exist.

Practise every Deprivation of Liberty question

The full bank has 20+ questions on Deprivation of Liberty and over 1,100 across the whole syllabus, each with the statute and an explanation for every option. £29 for 6 months.

Get full access Try 5 free questions