What is the minimum sentence for Blackmail in the UK?

If you are reading this article, it is likely that you or someone you care about is facing a blackmail charge or is already going through a prosecution for the same. This is an incredibly difficult experience for anyone, regardless of guilt or innocence, and we know that the legal process usually only adds to the confusion. The aim of this article is to provide some clarity around the offence of blackmail, give some examples, and outline sentencing and potential defences. The importance of obtaining legal representation cannot be overstated, so we also provide some information on how to get help from a qualified and experienced criminal defence solicitor.

What is the offence of blackmail in the UK?

Blackmail is a serious offence in English law, governed by Section 21 of the Theft Act 1968. The legislation states that a person is guilty of blackmail if, with a view to gain for himself (or herself) or another or with intent to cause loss to another, he (or she) makes any unwarranted demand with menaces.

Whether an act can be charged as blackmail depends on whether several elements are proven by the prosecution. Each of them must be proven for a conviction to be secured.

Under the Act, the prosecution must prove that:

There was a ‘demand’, which may be explicit or implicit, and may or may not be made in person.

The demand was accompanied by ‘menaces’, which is a broad term that basically means ‘any kind of threat’. The threat can be of physical harm, reputational ruin, damage to property, or any other form of harm or disadvantage, financial or otherwise. The standard, as determined by case law, is whether an ordinary person of normal stability and courage might feel coerced by the threat.

The demand was ‘unwarranted’. In other words, that there is no reasonable cause for the demand and the use of menaces is not a proper means of reinforcing the demand. The onus is on the defendant to prove that the demand was warranted.

The demand with menaces was made with the intention of making a gain for the person making the demand or another, or with the intention of causing a loss to another person. ‘Gain’ and ‘loss’ extend beyond just financial or property loss or gain, and can include any gain or loss in money or other property.

Clearly, the offence of blackmail can encompass a wide range of conduct, and is not just limited to situations involving demands for money or other property, as we often imagine when we think of blackmail. As explored later, the maximum penalty for blackmail under Section 21 of the Theft Act 1968 is 14 years’ imprisonment.

What are some examples of blackmail?

Blackmail can take many forms and, as mentioned, it is not confined to the classic scenario of demanding money in return for silence. It can include threatening to reveal personal photos, damaging a person’s property, or coercing someone to commit an act they otherwise wouldn’t.

For example:

Demanding money from another person in return for not revealing compromising information (extortion). For example, someone might discover a businessman’s affair and demand money in return for their silence.

Threatening to reveal embarrassing or damaging secrets about another person unless they comply with certain demands. For instance, a person could threaten to publicise a politician’s past wrongdoings unless they receive a specific favour.

Sometimes, kidnappers demand a ransom in return for the safe release of their victims. This constitutes blackmail as they are making an unwarranted demand with menaces.

Engaging in cyber tactics, such as threatening to reveal intimate images or videos of another person unless they comply with their demands, often for more explicit material or for money. Another example is ransomware attacks, where hackers encrypt a victim’s data and demand money in return for the decryption key.

In a business context, an individual might threaten to disrupt business operations unless they receive payment or another form of benefit. For example, a supplier might threaten to halt deliveries unless their contract is renegotiated at a higher price.

Public figures, such as celebrities or politicians, may be blackmailed with threats to reveal compromising information that could harm their public image unless demands are met.

Each of these examples may also overlap with other crimes, which may lead to blackmail being prosecuted alongside a more serious or lesser offence.

What is the sentence for blackmail?

There is no specific ‘minimum’ sentence for blackmail, though given the seriousness of the offence, short sentences are unlikely. The court will consider each case on its individual merits, taking into account factors such as the seriousness of the threat, the impact on the victim, and whether the demand was met. The maximum sentence for blackmail under English law is 14 years’ imprisonment.

In determining the appropriate sentence up to that maximum, the court will consider both aggravating and mitigating factors. Aggravating factors are those that may increase the severity of the sentence, while mitigating factors may decrease it (meaning longer or shorter sentences in the end).

Here are some potential aggravating factors that could affect the sentence:

Aggravating factors:

• The offence was committed with a significant degree of planning or sophistication, indicating a deliberate and calculated act.
• The blackmail resulted in serious harm or distress, either physically, psychologically, or emotionally, to the victim.
• The offender demanded large amounts of money or high-value property, indicating a greater degree of harm.
• The offender used or threatened violence during the commission of the blackmail offence.
• The offender has previously been convicted of similar offences, showing a pattern of criminal behaviour.

Mitigating factors:

• The offender shows genuine remorse for their actions, or pleads guilty at an early opportunity, demonstrating an acceptance of responsibility.
• The offender has no previous convictions, indicating that this offence could be an anomaly rather than a pattern.
• The offender played a minor or secondary role in the commission of the offence, suggesting lesser culpability.
• The offender’s personal circumstances such as age, mental health, or other contributory factors led to their involvement in the offence, potentially reducing their culpability.
• The final sentence – decided by the judge – would depend on the specific facts of the case itself. It is always at the discretion of the judge to consider these factors and hand down a sentence they deem fair and just within the bounds of the law. Solicitors can give you an indication of what to expect, but only the judge confirms it.

Are there any defences available for blackmail?

In short, yes, there are defences available for those accused of blackmail. These can include arguing that the alleged threats were not ‘unwarranted’, that there was no intention to cause gain or loss, or that the accused was under duress or threat themselves at the time.

A defence of mistaken belief can also be raised if the accused believed they had a legal right to make the demand. For example, a person might believe they have the right to demand payment of a debt, even if the way they go about it is later considered to constitute blackmail.

These defences are provided by Section 21 of the Theft Act 1968 in conjunction with other applicable general defences in English criminal law. To understand exactly how a defence might apply to your case, seek the advice of a criminal defence solicitor who has proven experience handling difficult cases like blackmail.

Do you need a solicitor for blackmail cases?

Engaging a solicitor to defend you in a case of alleged blackmail is critical, not least because it is one of the more serious crimes punishable by imprisonment in English law. The law surrounding this offence can be complex and each case has unique factors that need careful consideration. An experienced blackmail solicitor can help you understand your position, advise you on potential defences, represent you in court (or get a barrister to do so), and negotiate on your behalf.

Where to get further help

Getting help as early as possible is critical in blackmail cases, especially if your case involves any digital materials (emails, text messages, phone call records, etc.) that may get destroyed as time goes on. There is no easy way to deal with a case of blackmail being made against you, but having a solicitor on hand whom you can trust can make all the difference. For a free non-judgemental consultation about your options and what you should do next, get in touch with the team at Stuart Miller Solicitors today.

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14:13 14 Aug 24

When you have to look for a solicitor it’s usually because you’ve found yourself in less than pleasant circumstances. That was absolutely the case for me when I reached out to Stuart Miller Solicitors.I was dealing with a matter that had transpired over two years ago and was receiving repetitive communications and misdirections from police. However, that all ended when I was represented by Stuart Miller Solicitors.They were so helpful at every stage, but especially Scarlett Rowe, who simply was exceptional.Scarlett went above and beyond what I sense my case even required. She submitted disclosures and communications to CPS in a manner and at junctures where it would be most impactful and therefore critical to a good outcome. And that’s exactly what I got—nothing short of a good outcome.

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Amazing lawyer firm. After being represented by Amirah K. we were able to have our case dropped within 5 months when original estimates had been 2 years!! Most firms said they would do nothing and that we should just do legal aid. Stuart Miller said “No” and instead seeked to represent us, they chased the OIC and went far and beyond.If you need a lawyer, don’t waste time on these other smaller firms that promise nothing but scary maybes and demand thousands in return. Go with Stuart Miller, it’ll be the best decision you ever made.

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10:14 16 Feb 24

They where very helpful and contact me as soon as the officers writen to them about my bail.

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15:27 08 Feb 24

Stuart Millers were great at dealing with a tricky case and managed to get a great outcome. From the first meeting and hearing, Abu Kibla was friendly, knowledgable and very helpful and you can see a genuine care for his clients. Luke Collins did the day to day and was great at preparing clear written representations and dealing with the CPS. Kathleen Joyce attended the final hearing and despite a last minute time change by the court the day before, she was well prepared, presented the case and mitigation arguments perfectly and was very reassuring and comforting throughout the whole day. Professional, responsive and reasonable fees. Would definitely recommend the firm.

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20:42 07 Feb 24

Unfortunately I got myself into abit of trouble and didn't have a solicitor at the time. When I was in the police station I was asked if I wanted a solicitor and I said yes and I was then put in a cell till I was interviewed. Officer come to my cell to take me to my interview and asked if I wanted to consult with my solicitor I said yes, when we got to the Consultation room Mr Zeb was waiting for me and he ensured me that everything was going to be okay and this case will be solved with no problems at all and he was right I got NFA and the case was dropped that's all thanks to Mr Zeb he was very professional in this field and was intouch with me and kept me updated with everything that was going on. I will definitely use this firm again in future.

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20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

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12:36 22 Jan 24

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22:14 20 Jan 24

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23:14 19 Jan 24

Kiran was amazing with my case, made me feel at ease from the start, was very helpful and professional in resolving matters as quickly as possible. Would highly recommend

Real Cubano

13:03 16 Jan 24

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19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

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20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

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19:54 19 Dec 23

Great service, very professional, highly recommend!!

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21:00 09 Dec 23

Thank you to Holly Lambeth and the team for my not guilty verdict at woodgreen Crown Court.

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11:13 06 Dec 23

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asfandyar mahmood

17:49 01 Dec 23

OOPPPS THEY DID IT AGAINTHANKS TEAMESPECIALLY TO NAIMAIF IT WASNT FOR YOUR HARD WORK I WOULDNT BE HERE

Gent Entz

09:45 01 Dec 23

I just like to say a very big thank to Stuart Miller and the team but most especially Victoria, Mohammed Zebb, Kiran and the Receptionist for all their hard effort and now I'm on my way forward with getting on with my own life; Thank you so much StuartMiller and team. I've been with you people since 2012/2013 (roughly 7 years) I'll never forget them in my future career. stuartMiller are extremely kind and respectful. To all you solicitors aswell I wish you all best.Thank you.All the best.

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15:51 28 Nov 23

When I called for help, straight away, they pick up the call. Spoken to me with respect and followed up with an email of instructions, which is a massive relief.

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05:40 27 Nov 23

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20:03 23 Nov 23

Kiran was 100% helpful with my case and listened to me and advice me accordingly.I’m really happy with the outcome and I recommend their services to any one who’s looking for a good service and someone that can listen to you and help you with your case. Thank you so much Kiran and the whole team. Excellent job!

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10:48 23 Nov 23

I would like to thank the team at Stuart Miller for helping me with my case, especially Kate andTasnuva, they both were dealing with my case and helped be through it and i am very happy with the outcome. also there price for fighting on my behalf was reasonable compared to another company who were charging extortion money for first consulation.

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21:28 18 Nov 23

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03:12 15 Nov 23

Their friendly and understanding demeanor was truly appreciated. I am incredibly thankful to Miller's and their appointed court solicitors for their excellent support.

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14:50 14 Nov 23

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06:12 31 Oct 23

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22:54 28 Oct 23

Another one *DJ Khaled voice* Mohammed Zeb thats Big Bro buss another case as usual thank you and it’s always love. Different League Different Class Mike Tyson in the court room. No one try tell me about these fake internet tik tok lawyers in saggy suits using chat gpt to create defences don’t make me catch another case please. Trust Zeb be patient show love and respect and youll be alright. You get arrested go cell request 2 blankets and a fresh grey jumper and tell the Sarge call Stuart Millers then just go sleep real simple.

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20:51 25 Oct 23

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06:11 19 Oct 23

If you need a criminal defence solicitor that delivers results, contact Mr Zeb. He s the best in his field. From the moment I walked into Stuart Miller Solicitor's office, I knew I was in good hands. His unmatched expertise and personalized approach ensured that my charges dropped before the hustle of reaching out to court, and I couldn't be happier with the outcome. Stuart Miller Solicitors are very good but Mr Zeb is the best. I highly recommend him and the firm to anyone facing legal challenges

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18:59 17 Oct 23

Incredible legal team! I couldn't have asked for better representation during the most challenging period of my life. They're genuine care made all the difference in my case.

MadDog Lambo

13:11 17 Oct 23

Called Stuart Miller for advice. Bobbi was more than happy to advise me and answer all questions. When i had further questions, Mohammed personally called me to answer them in full. I can not recommend Stuart Miller highly enough and they went above and beyond, in taking the time to make sure all was taken care of and all questions answered.

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20:06 12 Oct 23

I spoke with Mr. Kibla regarding a query I had and he was so helpful and informative. Will definitely be using their services if ever needed.

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10:26 11 Oct 23

Thank you team stuart millerI was on a suspended sentence and i breachedA brilliant director from the firm saved me

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14:13 04 Oct 23

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12:42 04 Oct 23

Excellent communication skills the correct result thanks guys

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12:17 04 Oct 23

An excellent firm and knowledgeable solicitorsI had no idea who to got when my money was seizedMohammed zeb was proactive in his advice sensitive to my needs and challenging to the systemI got the cash and won my caseThe moral is: Experience is a mustDedication is trustMotivation is keyThanks

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XSimplyChxrryX

13:04 21 Sep 23

They saved my lifeMy businessMy worldThank youTEAM STUART MILLER

Hannah Brooks

12:48 07 Sep 23

Unfortunately got myself in a situation where I needed legal representation. My solicitor was great, but attention needs to be drawn especially to Amirah. She well and truly went over and beyond what most people would do, to help me resolve the situation. Nothing was ever too much, in fact it was her who pushed things further than I'd have even asked her to, she really does care about not just her occupation, but the people she helps. Cannot say enough good things about her... not just good legal representation, but an actual lovely person who genuinely cares, and you don't get that very often anymore. So, thank you to Stuart Miller Solicitors in Wood Green, but definitely, more importantly, to Amirah.

Angela M

20:11 05 Sep 23

I would like to say a big thank you to Savannah Loizides. My elderly mother recently required legal assistance for a police interview as part of an investigation.Savannah was professional, caring and supportive. In the days and weeks following the police interview, Savannah has been helpful and informative answering my questions promptly.I would recommend Stuart Miller Solicitors and would not hesitate to contact them again if the need arises.

Aisha Bibi

14:38 12 Aug 23

My husband was represented by an solicitor who frequently appears on Tik TokWe had very minimal advice the service was shambolicWe had been referred to the director who saw us asap and understood the life changing dilemma he facedWe had proper legal advice and the eventual result was that my husband was found not guiltyI say this to the nation just get an appointment and speak to the teamSome of the people you see on social media are not worth itGuys this is your life . YOU HAVE ONE CHANCE GET THE TEAM AT STUART MILLERAll I can say is you will not be disappointed

Omar Ramjean

22:48 11 Aug 23

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Lou D

14:30 09 Aug 23

My husband an I are extremely grateful for Abu Kibla and his amazing support representing my husband under such time consuming circumstances. He was very helpful and made us feel at ease right away.We left pleasantly satisfied and would definitely recommend Abu Kibla to anyone needing representation.Thank you

Jake Elliott

11:46 02 Aug 23

Abu Kibla represented me for my second drink driving offence, and not only that I had no license or insurance. Perhaps I am exposing myself saying that but you need the context as Kibla managed to get my ban reduced from 3 years to 2.5, and only a 200 pound fine. Aside from being very professional at what he does, he's also a good guy, who has your back. He explained my situation to the judge in a clear way I wouldn't have been able to. Don't hesitate!

R M

20:05 01 Aug 23

I would like to thank everyone at Stuart miller especially to Kibla for their excellent work. At a time when things were very hard for me they helped me win my case. I hoped for total support from Stuart Miller when I instructed them, I got so much more. I would highly recommend Stuart Miller to anyone seeking for a reliable legal team. Many thanks again for everything, you were brilliant.

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08:21 29 Jul 23

Spoke to a director at 8 amIf I could give 10 stars I wouldAll my anxiety finishedThanks 👦

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13:37 28 Jul 23

Fantastic firm excellent lawyersBrilliant advocates overall THE GO TO FIRM

Taj Uddin

13:10 28 Jul 23

Thank you for all your help I am great full fir having such a great team who considered all my issues and got me the correct result

Nathan Hallway

12:59 28 Jul 23

Id like to say Thankyou to joe and tasnuva.They really helped me out and was so kind and thoughtful throughout.

maruf kocabay

10:28 28 Jul 23

Brilliant application by Mohammed zebAlso thank you to the team

Bill

13:08 25 Jul 23

Contacted them, rang me back immediately gave me legal advice and said they would be there if ever needed. I can breath abit better with their advice.

Halil Su

17:49 21 Jul 23

I just wanted to say big thank you to MR MOHAMMED ZEB and FUNDA BOZKURT for helping me, I’ve know MR Zeb over 20 years. Best defence lawyer in London, I appreciate your time and efforts.Kind regardsMr Su

Mohammed Hussain

11:04 17 May 23

Excellent service from sincere highly qualified individuals who are truly motivated to help you with legal matters. I specifically want to thank Kelly Morris for her outstanding work in my case. She is an awesome lady and a fantastic legal professional who I simply cannot thank enough! Kelly I will never forget the day you called me with the good news. 10/10 service!Big thanks to Stuart Miller law firm also! I will be using this law firm if any future legal problems arise, but hopefully this will not be the case!

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