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Threats to kill

s.16Offences Against the Person Act 1861

Without lawful excuse, threatening to kill someone, intending the person threatened to fear that the threat would be carried out.

Threats to kill · Offences Against the Person Act 1861, s.16Card 34 / 85

Points to prove

Without lawful excuse
Made to another a threat
To kill that other or a third person
Intending that the other would fear it would be carried out

Key definitions

Threat – the Act does not limit how it is made. It can be spoken or written.
That other or a third person – the threat can be to kill the person it is made to, or someone else.
Intending that the other would fear – the mental element is intention that the person receiving the threat would fear it would be carried out. Recklessness is not enough, and the victim does not have to actually fear it.

Defences

Lawful excuse – a threat made to prevent crime or in self-defence can have a lawful excuse if it was reasonable in the circumstances. This is a question for the jury (R v Cousins 1982).

Good to know

The threat does not have to be to kill immediately. A threat to kill at some future time is enough.
A threat to kill an unborn child is not a threat to kill “a third person”. It is only covered if the threat is to kill the child after birth (R v Tait 1990).
If the victim was an emergency worker acting in the exercise of their functions, the court must treat that as an aggravating factor (s.67 Sentencing Act 2020).

Legislation: Offences Against the Person Act 1861, s.16 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 10 years' imprisonment (on indictment); 12 months' imprisonment and/or a fine (summary)