What is meant by false imprisonment?

• False imprisonment occurs when a person is restrained by another person in an enclosed area without justification or consent. It is a criminal offence and an intentional tort.
• Some forms of imprisonment may be justified under statute such as a store detective’s right to hold a suspected shoplifter for a short time until the police arrive.
• However these statutory (written) laws vary greatly between the different states and territories so you should seek legal advice in advance if you are in a position where you may need to affect a citizen’s arrest (this refers to a member of the public detaining someone they reasonably suspect of committing a crime until the police arrive). If a citizen’s arrest is made unlawfully (without complying with the statutory requirements of your state or territory) you may find yourself liable for damages for false imprisonment.
• You can use our Phone a Lawyer service for a preliminary legal consultation if you think you may need legal advice.