Threats to Kill Flashcards
Which extract of legislation covers Threats to Kill?
Section 16, Offences Against the Person Act 1861
What is the definition of Section 16 Threats to Kill?
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
What is the Actus Reus for Section 16 Threats to Kill?
Makes a threat to kill to a person, or third person, without lawful excuse
What is the Mens Rea for Section 16 Threats to Kill?
Intends that the other person would fear the threat to kill is carried out
What MUST be the case for a legitimate charge of Section 16 Threats to Kill?
There must be a threat AND there must be intent to cause the other to believe it
If a person makes a threat on behalf of another person, who, if anybody, is guilty of Section 16 Threats to Kill?
The person who MAKES THE THREAT is guilty, even if made on behalf of another person
Is there any lawful excuse for making a threat to kill?
Possibly only if made by a police officer
Who can a Section 16 Threat to Kill be made against?
ANY person - a person, their family or any other person
With respect to Section 16 Threats to Kill is it possible to fear for another’s life?
Yes - it is possible to be in fear of a threat to kill for another person
Does the threat to kill need to have a sense of immediacy for a legitimate charge of Section 16 Threats to Kill?
No - the threat does not need to be to kill another immediately.
What would be the appropriate necessity for arrest with regard to Section 16 Threats to Kill?
To prevent harm to another
In what form must a threat to kill be made for a legitimate charge of Section 16 Threats to Kill?
ANY form - action, words etc
Must a threat to kill be explicit for a legitimate charge under Section 16?
No - whilst a threat can be explicit, a charge under Section 16 it is equally legitimate if the threat is implicit
Must a threat to kill have a specific degree of planning for a legitimate charge under Section 16?
No - a threat to kill can be calculated or carried out in the heat of the moment for a legitimate charge of Section 16
What sort of offence is Section 16 Threats to Kill?
A pure intent offence
Must a victim believe or fear a threat to kill for a legitimate charge of Section 16 Threats to Kill?
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
Is evidence of a suspect’s previous history when considering the evidence in respect of a charge of Section 16 Threats to Kill?
Yes - this is admissible and should be put to the suspect at the start or end of a police interview
Can a legitimate charge of Section 16 Threats to Kill be brought against a suspect who makes a threat against an unborn child?
No - an unborn child does not constitute a third person. A child who has been born does.
If the person’s intent to cause a victim to believe their threat to kill is doubtful, how should you proceed?
Consider charging under Section 4 of the Public Order Act 1986 - Fear or Provocation of Violence (threatening, abusive or insulting words or behaviour)
