Sections 355 of the Criminal Code Queensland states:

Any person who unlawfully confines or detains another in any place against the person's will, or otherwise unlawfully deprives another of the other person's personal liberty, is guilty of a misdemeanour.

What the Police must prove - Deprivation of liberty - Lawyer / Solicitor Article

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

(1) The accused:

(a) confined or detained another in any place against the other person's will; or

(b) otherwise deprived another of the other person's personal liberty.

(2) The accused did so unlawfully, that is, not authorized, justified or excused by law.

Detained means keep in confinement or under restraint. Restraint can be exercised by threats. The defendant does not have to use force or physical restraints. If the defendant compels the person by threats to remain in a place against that person's will, that is sufficient. Depriving of liberty simply means taking away the free choice of a person to move about as he or she wants.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

This matter is indictable which can only be dealt with in the District Court.

Possible defences to this offence include but are not limited to

The accused

(1) Duress

(2) Necessity

(3) Insanity

(4) Intoxication

(5) Honest and reasonable belief the person was consenting.

(6) The complainant was free to leave

(7) The complainant consented