Section 354 (2) of the Criminal Code Queensland states:

A person kidnaps another person if the person unlawfully and forcibly takes or detains the other person with intent to gain anything from any person or to procure anything to be done or omitted to be done by any person.

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 took or detained another person.

2. The taking or detention was done forcibly.

3. The taking or detention was unlawful. That is, not authorized, justified or excused by law.

4. The accused intended to gain anything from the person or to procure anything to be done or omitted to be done by any person.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

The Maximum penalty for the offence of Kidnapping is 7 years imprisonment.

Possible defences to this offence include but are not limited to

1. Duress

2. Necessity

3. Intoxication

4. Identification-not the accused

5. Consent-the 'taking' was not forced