The offence
Section 16 of the Offences Against the Person Act 1861 makes it an offence to threaten another person with intent that they fear it would be carried out, where the threat is to kill. The offence is triable either-way and carries up to 10 years’ imprisonment on indictment.
Defences
- No intent that the threat be taken seriously
- No genuine threat to kill, or the words were used in a different context
- Disputed authorship of a message or identification
- Freedom of expression considerations in limited contexts
Sentencing
Threats to kill carries up to 10 years on indictment. The guidelines consider the seriousness of the threat, whether a weapon was referenced, and the impact on the victim.
Frequently asked questions
Yes. Section 16 of the Offences Against the Person Act 1861 makes it an offence to make a threat to kill with intent that the other person fears it would be carried out.
Up to 10 years’ imprisonment on indictment; the offence is triable either-way.
Yes. Messages, posts and texts can amount to a threat to kill, and the authorship and context can be challenged.