Threats to Kill Flashcards
Section 16 of the Offences Against the Person Act 1861 is about what?
Threats to kill and covers:
Person A threatens to kill person B, which person B believes to be real.
Person A makes a threat to kill with intent for person B to believe the threat, but the threat is about killing person C. It is irrelevant whether person C knows or not.
It is not necessary for A to actually kill anyone for this offence to take place, but it must be proved that A intends that B believes the threat. The offence can be premeditated or spontaneous, it can be communicated by any means, and there does not need to be the sense that the offence would be carried out immediately.
Threats to kill are hard to prove but surprisingly common.
They are usually one persons’ word against another. Self-defence can be used as a defence. Threats to kill charges can be useful when no assault has taken place, yet person B believes and fears that it would be carried out. A public order charge or a charge of affray may be appropriate alternative charges in some instances.
Police Responses to Threats to Life
Police have a positive obligation to preserve life under…
Article 2 of the European Convention on Human Rights.
Therefore, any allegations made to you should be treated seriously and responded to promptly.
Usually, if the threat is deemed credible, a full set of criminal and intelligence records check will be done, which will feed into a full risk management plan for the victim.
