Threats to Kill

Question 1

Which extract of legislation covers Threats to Kill?

Answer 1

Section 16, Offences Against the Person Act 1861

Question 2

What is the definition of Section 16 Threats to Kill?

Answer 2

A person who without lawful excuse makes to another a threat, intending that that other would fear it would be carried out, to kill that other or a third person shall be guilty

Question 3

What is the Actus Reus for Section 16 Threats to Kill?

Answer 3

Makes a threat to kill to a person, or third person, without lawful excuse

Question 4

What is the Mens Rea for Section 16 Threats to Kill?

Answer 4

Intends that the other person would fear the threat to kill is carried out

Question 5

What MUST be the case for a legitimate charge of Section 16 Threats to Kill?

Answer 5

There must be a threat AND there must be intent to cause the other to believe it

Question 6

If a person makes a threat on behalf of another person, who, if anybody, is guilty of Section 16 Threats to Kill?

Answer 6

The person who MAKES THE THREAT is guilty, even if made on behalf of another person

Question 7

Is there any lawful excuse for making a threat to kill?

Answer 7

Possibly only if made by a police officer

Question 8

Who can a Section 16 Threat to Kill be made against?

Answer 8

ANY person - a person, their family or any other person

Question 9

With respect to Section 16 Threats to Kill is it possible to fear for another’s life?

Answer 9

Yes - it is possible to be in fear of a threat to kill for another person

Question 10

Does the threat to kill need to have a sense of immediacy for a legitimate charge of Section 16 Threats to Kill?

Answer 10

No - the threat does not need to be to kill another immediately.

Question 11

What would be the appropriate necessity for arrest with regard to Section 16 Threats to Kill?

Answer 11

To prevent harm to another

Question 12

In what form must a threat to kill be made for a legitimate charge of Section 16 Threats to Kill?

Answer 12

ANY form - action, words etc

Question 13

Must a threat to kill be explicit for a legitimate charge under Section 16?

Answer 13

No - whilst a threat can be explicit, a charge under Section 16 it is equally legitimate if the threat is implicit

Question 14

Must a threat to kill have a specific degree of planning for a legitimate charge under Section 16?

Answer 14

No - a threat to kill can be calculated or carried out in the heat of the moment for a legitimate charge of Section 16

Question 15

What sort of offence is Section 16 Threats to Kill?

Answer 15

A pure intent offence

Question 16

Must a victim believe or fear a threat to kill for a legitimate charge of Section 16 Threats to Kill?

Answer 16

No - it is a pure intent offence. A suspect is guilty as soon as they make the threat with intent, regardless of whether they could carry it out / their target’s reaction to the threat etc

Question 17

Is evidence of a suspect’s previous history when considering the evidence in respect of a charge of Section 16 Threats to Kill?

Answer 17

Yes - this is admissible and should be put to the suspect at the start or end of a police interview

Question 18

Can a legitimate charge of Section 16 Threats to Kill be brought against a suspect who makes a threat against an unborn child?

Answer 18

No - an unborn child does not constitute a third person. A child who has been born does.

Question 19

If the person’s intent to cause a victim to believe their threat to kill is doubtful, how should you proceed?

Answer 19

Consider charging under Section 4 of the Public Order Act 1986 - Fear or Provocation of Violence (threatening, abusive or insulting words or behaviour)