Threats to Kill 

Threats to kill is an offence under section 16 of the Offences Against the Person Act 1861. It is committed where a person makes a threat to kill another and intends that the complainant would fear the threat would be carried out. The prosecution must prove both the making of the threat and the intention to cause fear. 

Threats to kill is an either-way offence and can be heard in the Crown Court. It carries a maximum sentence of 10 years’ imprisonment. The court will consider the seriousness of the threat, the context and any previous convictions when sentencing. 

No. Allegations can arise from text messages, emails, social media posts, letters or voicemails. The court will assess the content of the communication and whether it was intended to cause genuine fear. 

Yes, potentially. Even comments made during arguments can result in charges if it is alleged that there was an intention to cause fear that the threat would be carried out. Context and intention are key issues. 

The prosecution must prove that a threat to kill was made and that you intended the recipient to fear it would be carried out. If either element cannot be established beyond reasonable doubt, the charge should not succeed. 

Seek legal advice immediately. Do not answer police questions or provide a written statement without your solicitor present. Early legal representation can significantly affect the outcome of your case. 

Yes. Police or the court may impose bail conditions restricting contact with the complainant or access to certain locations. In some cases, additional orders may be sought to manage risk during proceedings. 

Yes. A conviction can result in a criminal record, which may affect employment, professional registrations and travel. Certain regulated professions may initiate disciplinary proceedings following conviction.