Allegations of making threats to kill are treated extremely seriously given the wording of the offence. Even where no physical harm has occurred, the impact of such allegations can be profound, affecting employment, reputation, and ultimately your liberty.
Understanding how legislation defines this offence, and what must be proven, is crucial for anyone facing investigation.
The offence of making threats to kill
The offence of making threats to kill is set out in Section 16 of the Offences Against the Person Act 1861. It applies where a person makes a threat to kill another individual and intends that the victim would fear that the threat would be carried out.
The threat does not have to be made face-to-face. It can be communicated verbally, in writing, by text message, email, social media, or through a third party.
Elements of the offence
To prove the offence of making threats to kill, the prosecution must establish the following:
- That a threat to kill was made.
- That the threat was made to another person (or about another person).
- That the defendant intended the victim to fear that the threat would be carried out.
It is not necessary for the prosecution to prove that the defendant intended to carry out the threat, only that they intended the victim to believe it was real.
Context is often critical. Words spoken in anger, sarcasm, or jest may be interpreted differently depending on the circumstances. It is therefore necessary to prove the intention of the suspect, not what the victim’s response or the effect on them was – though this may provide evidence in support of the suspect’s intention. Proving this intention may not be straightforward. Threats can be calculated and made with an effect on the victim in mind – or they can be made in the heat of the moment – and care is needed in assessing the evidence of intention.
Penalties for making threats to kill
Making threats to kill is an either way offence and carries a maximum sentence of 10 years’ imprisonment. Sentencing will depend on factors such as the seriousness of the threat, the vulnerability of the victim, previous convictions, and whether the threat was part of a wider pattern of behaviour.
A conviction can also have long-term consequences, including reputational damage and restrictions on employment. Ancillary orders such as a Restraining Order could be considered as part of the sentencing exercise.
Making threats to kill- how a defence solicitor can help
Potential defences will depend on the facts of the case. Common issues include whether the words amounted to a genuine threat, whether there was intent to cause fear, or whether the communication has been misinterpreted.
In some cases, evidence may demonstrate that the threat was not serious, was taken out of context, or that there was no intention to cause fear.
Other communications or public order offences could be considered either where there is sufficient evidence to charge threats to kill but an alternative is necessary because intention is disputed, or where the CPS has been reached the conclusion at on a charging evidential test that there is insufficient evidence to charge threats to kill but another offence might reflect the conduct.
Given the seriousness of the charge and possible alternative charges, seeking specialist legal advice from a criminal defence solicitor at the earliest opportunity, pre charge is vital.
Contact our team of defence solicitors today
At Burton Copeland, our criminal defence solicitors work around the clock to support those facing investigations. To discuss a threat to kill police investigation or charge, please call our Manchester office on 0161 8279500. You can also fill in our online contact form and let us know a suitable time for us to contact you.