Imprisonment (from imprison Old French, French emprisonner, from en in + prison prison, from Latin prensio, arrest, from prehendere, prendere, to seize) is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is "false imprisonment". Imprisonment does not necessarily imply a place of confinement, with bolts and bars, but may be exercised by any use or display of force, lawfully or unlawfully, wherever displayed, even in the open street. A man becomes a prisoner, wherever he may be, by the mere word or touch of a duly authorized officer directed to that end. Usually, however, imprisonment is understood to imply an actual confinement in a jail or prison employed for the purpose according to the provisions of law.^[1]

England and Wales[edit]

In English law, imprisonment is the restraint of a person's liberty. The book Termes de la Ley contains the following definition:

Imprisonment is no other thing than the restraint of a man's liberty, whether it be in the open field, or in the stocks, or in the cage in the streets or in a man's own house, as well as in the common gaols; and in all the places the party so restrained is said to be a prisoner so long as he hath not his liberty freely to go at all times to all places whither he will without bail or mainprise or otherwise.^[2]

This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co.^[3] It is not imprisonment to prevent a person from proceeding along a particular way if it is possible for him to reach his intended destination by another route.^[4] Imprisonment without lawful cause is a tort called false imprisonment.^[5] Imprisonment is a type of sentence.^[6]

See also[edit]

• English criminal law#General power of Crown Court to impose a sentence of imprisonment on conviction on indictment.
• Detention (imprisonment)
• Life imprisonment
• Imprisonment for public protection

References[edit]