Threats to Kill

Threats to Kill

Threats to Kill

Making a threat to kill someone is a serious crime in the UK. If you make a threat to kill someone without a good reason and with the intention of causing fear that the threat will be carried out, you could be sent to prison for up to 10 years.

​

However, in a relationship setting these situations commonly arise during a heated argument. The phrase “I’ll kill you” can often be used in the heat of the moment as an expression of anger, but it is very rare that someone says it with the necessary intention to cause fear that the threat will be carried out.

​

For example, if you tell your partner that you are going to kill them, or if you post a message on social media threatening to kill someone, you could be charged with making a threat to kill.

However, the offence is not confined to a partner in a domestic setting. It also an offence to do the same towards any other party.

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.

​

What is threatening behaviour in UK law?

​

In the UK, a threat is 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 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.

​

There are several factors that the courts will consider when deciding whether to prosecute someone for making a threat. These factors include the nature of the threat, the context in which it was made, and the intent of the person making the threat.

​

If you have been accused of making a threat, it is important to speak to an experienced criminal defence solicitor as soon as possible. They can help you understand the charges against you and develop a defence strategy.

Here are some examples of threats that could be considered crimes in the UK:

​

• Telling someone that you are going to kill them

• Threatening to harm someone's property

• Sending threatening messages or emails

• Posting threatening messages on social media

• Making a threatening gesture

What is a threat to kill?

Making a threat to kill someone is a serious crime in the UK. It is punishable by up to 10 years in prison.

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

A threat to kill can be made in any number of ways, including verbally, in writing, or over the phone on social media platforms.

It does not matter if the person making the threat has no intention to carry it out. What matters is the intention to cause fear and distress.

Here are some examples of threats to kill:

"I'm going to kill you."

"I'm going to make sure you never see your family again."

"You're dead meat."

​

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.

​

What is the sentence for sending death threats?

​

The sentence for sending death threats is the same as the sentence for threats to kill. This is because the act of sending a death threat would constitute the offence of making threats to kill. It doesn’t matter exactly how the threat was made , whether it was made directly, sent via the post or phone or over social media platforms

​

Is threatening violence in the UK a crime?

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.

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 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?

There are several defences that may be available to someone who has been accused of making a threat to kill. Some of the most common defences include:

The threat was made in jest or was not intended to be taken seriously. This defence is often used in cases where the threat was made in a joking manner or in a context where it was clear that the person making the threat did not intend to carry it out.

​

The accused had no intention of carrying out the threat or creating fear in the victim. This defence can be used in cases where the accused made the threat but did not actually intend to carry it out. For example, if the accused was angry and said they were going to kill someone, but they had no real intention of doing so, this defence may be available.

The accused was acting in self-defence or defence of another person. This defence can be used in cases where the accused made the threat in order to protect themselves or someone else from harm. For example, if the accused was being attacked or threatened and said they were going to kill their attacker, this defence may be available.

The accused was acting under duress. This defence can be used in cases where the accused made the threat because they were being forced to do so by someone else. For example, if the accused was threatened with death if they did not make the threat, this defence may be available.

It is important to note that the defences that are available to someone who has been accused of making a threat to kill will depend on the specific facts of the case. If you have been accused of making a threat to kill, it is important to speak to an experienced criminal defence lawyer as soon as possible.

The offence is so serious that most people found guilty will be at risk of a prison sentence. Cases involving alleged threats to kill need detailed preparation before trial, as well as careful cross-examination of witnesses to ensure they have the best chance at being found not guilty of the charge.

Joe Rawlings have a wealth of experience in this field and can help you understand the charges against you and develop a defence strategy.