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Blackmail

Fraud and financial crime — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Fraud and financial crime

Blackmail

Theft Act 1968, s.21

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Indictable only
Maximum penalty
14 years' custody

Actus reus

  • Make an unwarranted demand with menaces with a view to gain for oneself or another or with intent to cause loss to another (Theft Act 1968, s.21).

Mens rea

  • View to gain or intent to cause loss.
  • Demand is unwarranted unless the defendant believed they had reasonable grounds for making the demand and that use of menaces was proper.

Defences

Warranted demand / proper menaces belief · No menaces · No view to gain / intent to cause loss · Deny making the demand

Sentencing Council

Sentencing Council guideline effective 1 April 2025. Offence range: community order to 10 years' custody.

View definitive guideline ↗

At the police station

Increasingly arises with intimate-image threats and online sextortion. Preserve messages and payment demands.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Fraud and financial crime

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.