ARTICLE · 29 JULY 2024

Deprivation of Liberty

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Deprivation of liberty is confining or detaining a person against their will, such as the offence of kidnapping.

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Deprivation of liberty examples include lawful and unlawful deprivation of liberty. Instances of lawful deprivation of liberty includes lawful arrests and imprisonment by law enforcement officers in the lawful execution of their duties, as well as those lawfully detained whilst on remand, serving a sentence of imprisonment or in a mental health facility. In comparison, unlawful deprivation of liberty occurs outside of these circumstances by someone who is not lawfully authorised to do so, thereby amounting to unlawful imprisonment or detention. Unlawful deprivation of liberty raises rights of a person deprived of liberty, which may entitle that person to sue for compensation in civil proceedings.

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