Deprivation of Liberty Charges in Queensland

Deprivation of liberty is an offence under section 355 of the Criminal Code 1899 (Qld). It occurs when a person unlawfully confines, detains, or restricts another person’s freedom of movement without their consent.

This can include physically restraining someone, locking them in a space, or otherwise preventing them from leaving.

The key distinction is movement.

• Deprivation of liberty involves restricting a person’s freedom without necessarily moving them

• Kidnapping typically involves taking or moving a person from one place to another

Both are serious criminal offences, but kidnapping is generally considered more severe.

To secure a conviction, the prosecution must prove beyond reasonable doubt that:

• You deprived another person of their liberty

• The deprivation was unlawful

• The person did not consent

If any of these elements cannot be proven, the charge may fail.

The maximum penalty is:

• Up to 3 years imprisonment

However, penalties may increase depending on the circumstances, including:

• Use of violence or threats

• Duration of the detention

• Whether the offence occurred in a domestic violence context

• Any harm caused to the complainant

More serious cases may still result in a term of imprisonment.

Yes. Physical force is not always required.

A person may commit this offence through:

• Threats or intimidation

• Psychological coercion

• Blocking exits or restricting movement

• Abuse of authority or control

The key issue is whether the person was free to leave.

It can be. Deprivation of liberty frequently arises in domestic and family violence matters, particularly where one person restricts another’s ability to leave a residence or situation.

In these cases, additional legal consequences may apply, including protection orders.

Examples may include:

• Locking someone in a room or house

• Preventing a person from leaving a vehicle

• Holding someone against their will during an argument

• Blocking exits during a dispute

• Taking a person’s phone or means of communication to stop them leaving

Each case depends heavily on the specific facts.

Defences may include:

• Consent – the person agreed to remain

• Lawful authority – the actions were legally justified

• Lack of intent – no intention to restrict liberty

• Duress – acting under threat

• Mistaken identity

A detailed review of the evidence is essential to determine the most appropriate defence.

Not necessarily.

While imprisonment is a possible outcome, courts will consider:

• The seriousness of the conduct

• Whether violence was involved

• Your criminal history

• Whether the matter is linked to domestic violence

Less serious cases may result in penalties such as fines, probation, or suspended sentences.

Yes, in some cases.

Charges may be withdrawn where:

• There is insufficient evidence

• The complainant does not support the prosecution

• There are inconsistencies in the evidence

• A strong legal defence is established

Early legal representation can significantly improve the chances of a favourable outcome.

You should seek legal advice immediately.

Do not:

• Participate in a police interview without advice

• Contact the complainant (especially in domestic violence matters)

• Discuss the matter with others

Early intervention allows your lawyer to protect your position and begin building your defence.

Yes. Even though it carries a lower maximum penalty than some other offences, it is still a serious criminal charge that can impact your record, employment, and future.

An experienced criminal defence lawyer can:

• Analyse the strength of the prosecution case

• Identify available defences

• Negotiate with prosecutors

• Represent you in court

This depends on:

• Whether you plead guilty or not guilty

• The complexity of the evidence

• Court availability

Some matters resolve quickly, while others may take several months if contested.

Yes. A conviction for deprivation of liberty will generally be recorded on your criminal history unless the court orders otherwise.

This can impact:

• Employment opportunities

• Travel

• Professional licences

Yes. While it carries a lower maximum penalty than kidnapping, courts still treat it seriously because it involves interfering with a person’s fundamental right to freedom.