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Threats to kill

Violence and injury — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Violence and injury

Threats to kill

Offences Against the Person Act 1861, s.16

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

Triable
Either way
Maximum penalty
10 years' custody

Actus reus

  • Make a threat to kill another person.
  • Threat may be words, writing, or conduct conveying an intention to kill.

Mens rea

  • Intention that the person to whom the threat is made would fear it would be carried out.

Defences

No threat to kill (venting / hyperbole) · No intention that the hearer would fear it would be carried out · Deny making the words/conduct · Context of self-defence / heated dispute

Sentencing Council

Sentencing Council guideline effective 1 October 2018. Offence range: community order to 7 years' custody.

View definitive guideline ↗

At the police station

Often arises in domestic and custody contexts ("I'll kill you"). Capture exact words, audience, and whether said in heat. Check for linked restraining-order / harassment issues.

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 Violence and injury

Back to the full offences index

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.