A Guide to Threats to Kill in UK Law

Threats to kill are very serious actions and – as is to be expected – the criminal justice system in the UK comes down hard on offenders. If you or someone you care about has been accused of or charged with a threat to kill offence, you are understandably confused about the situation and worried about what might happen next. Will there be a trial? What happens if found guilty? Are there any defences available? In this article, we outline some of the most common questions and concerns around threats to kill offences so you can plan your next steps and relieve some of the stress you are facing.

What is legally considered a threat in the UK?

Threats are primarily governed by Section 16 of the Offences Against the Person Act 1861, though threatening behaviour in general may also fall under the Public Order Act 1986.

The Section 16 offence is:

‘A person who without lawful excuse makes to another a threat, intending that that other would fear it would be carried out, to kill that other or a third person shall be guilty of an offence and liable on conviction on indictment to imprisonment for a term not exceeding ten years.’

In other words, if a person makes a threat to kill another person or a third person without a good reason and with the intention of causing fear that the threat will be carried out, they will be guilty of a crime. If they are convicted in court, they could be sent to prison for up to 10 years.

What is threatening behaviour in UK law?

In the UK, a threat is considered to be a criminal offence if it is intended to cause the victim to fear that violence will be used against them. This could include verbal threats, written threats, or other forms of communication that are intended to cause fear. Note that the threat does not have to be carried out in order for it to be considered a criminal offence. It is also a criminal offence to make a threat of violence against a person or property with the intent of causing fear or distress.

What is a threat to kill?

A threat to kill is a criminal offence that involves threatening to take another person’s life or causing them to fear for their own safety. As with other forms of threat, this can include threats made face-to-face, through written communication, such as emails or text messages, and even over the phone. It does not matter if the offender does not intend to carry out their threat; what matters is the intention to cause fear and distress.

Examples of spoken words that convey a threat to kill include:

• “I’ll kill you and your whole family if you tell anyone about this.”
• “If you don’t break up with your girlfriend, I’ll make sure you never see her again.”
• “You’re going to regret crossing me. I’ll make sure you never see the light of day again.”

What is the sentence for threats to kill?

If found guilty under the Offences Against the Person Act 1861, an offender could face up to 10 years’ custody. If found guilty under the Public Order Act 1986, the punishment may be a fine, a prison sentence of up to six months, or both.

As with any offence, the court will look at culpability and harm as two factors that influence the ultimate sentence you are given.

• Culpability refers to the degree of responsibility that a person has for the crime that they have committed. Factors that may affect a person’s culpability include their level of intent, their state of mind at the time of the offence, and any actions they took to try to avoid committing the crime.
• Harm, on the other hand, refers to the negative consequences that a person’s actions have caused, or are likely to cause, to others. This can include physical harm, emotional harm, financial loss, or damage to property. The extent of the harm caused by a person’s actions is also taken into account when determining their sentence.

In general, offences that are considered more serious, either because of the high degree of culpability or the significant harm caused, will result in harsher sentences.

What is the sentence for sending death threats?

The sentence for sending death threats is the same as the sentence for threats to kill more broadly. This is because the act of sending a death threat is an activity that could constitute the offence of making threats to kill. It doesn’t matter exactly how the threat was made (i.e. whether it was made directly, sent via the post, etc.).

Is threatening violence a crime in the UK?

Yes, threatening violence is a crime in the UK. This includes making verbal or written threats, as well as communicating with another person in a way that makes them fear for their safety or that of others.

What is a conditional threat?

A conditional threat is an expression of intent to cause harm if certain conditions are not met. For example, you might make a threat to kill someone if they do not comply with a certain demand. Conditional threats are still considered criminal offences in the UK and can carry serious consequences.

Are death threats punishable by law?

Death threats may be punishable by law in certain situations. The basic requirement for punishment to be warranted is that the victim of the threat fears that violence will be used against them.

Can you go to jail for wishing death on someone?

Simply wishing death on someone in your own head is not an offence. Your actions must meet the legal thresholds described above in order to trigger criminal responsibility. If you directly tell someone that you ‘wish death upon them’ then a criminal prosecution may follow if the recipient of the threat fears that violence will be used against them.

What defences are available for threats to kill?

The most common defence available is that the threat was made in jest or was not intended to be taken seriously. In some cases, the accused may also be able to prove that they had no intention of carrying out their threat or creating fear in the victim. If these specific defences do not apply, a general defence may apply instead.

General defences are not specific to any one type of offence, but can be applied to a wide range of crimes. Some examples of general defences include self-defence, defence of others, defence of property, necessity, and duress.

For instance, if a person is charged with the offence of threats to kill, they may be able to raise the defence of self-defence. This defence is based on the idea that the defendant believed that they were in imminent danger of being killed or seriously harmed, and that their actions were necessary to protect themselves from that danger. If the defendant can show that they had a reasonable belief that they were in danger and that their actions were justified in the circumstances, then they may be able to rely on the defence of self-defence to avoid criminal liability for the offence of threats to kill.

Another example of a general defence that may be applicable in a case involving threats to kill is the defence of necessity. This defence is based on the idea that the defendant’s actions were necessary to prevent a greater harm from occurring. For example, if a person is threatened with death unless they agree to carry out a criminal act, they may be able to argue that their actions were necessary to prevent the greater harm of being killed. If the defendant can show that their actions were necessary to prevent a greater harm and that they had no other reasonable alternative, they may be able to rely on the defence of necessity to avoid criminal liability for the offence of threats to kill.

These are just two examples of how general defences may be applied in a case involving threats to kill. There are many other possible defences that a defendant may be able to raise, depending on the specific facts and circumstances of the case. It is important for anyone facing criminal charges to consult with a qualified criminal defence solicitor who can advise them on the defences that may be available in their case.

Where to get more help with threats to kill offences?

If you or someone you know is facing charges for a threat to kill offence, it is important to seek legal advice as soon as possible. A qualified criminal defence solicitor can advise on the best course of action and provide representation at court if necessary. With the right legal support, you may be able to reduce your sentence or have the charges dismissed altogether. Contact Stuart Miller Solicitors today for a free, no obligation, and non-judgemental consultation.

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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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22:14 20 Jan 24

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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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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

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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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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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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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13:11 17 Oct 23

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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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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.

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14:38 12 Aug 23

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22:48 11 Aug 23

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14:30 09 Aug 23

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11:46 02 Aug 23

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R M

20:05 01 Aug 23

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08:21 29 Jul 23

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13:37 28 Jul 23

Fantastic firm excellent lawyersBrilliant advocates overall THE GO TO FIRM

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