Threats To Kill
Adam Law Solicitors offer expert legal advice for anyone facing, or worried about facing, prosecution for Threats to Kill. We have a dedicated criminal defence team who have many years experience of all charges of criminal activity.
If you are concerned you may be facing charges for a threat to kill, or are already facing charges, it is essential you contact us as quickly as possible. Phone us now on 0114 256 0111, or email us or use the form on this page.
Under section 16 Offences Against the Person Act 1861 a person who, without lawful excuse makes to another a threat intending that the other would fear it would be carried out, to kill that other or a third person shall be guilty of an offence.
There is no need to show that the defendant intended to kill anyone. The relevant intent has to be that the person receiving the threat would fear the threat (to kill them or a third person) would be carried out.
Threats to kill are often made during a heated argument or a moment of aggression and as a result the case usually fails the evidential test required owing to lack of proof of the required intent. The onus is on the prosecution to prove that there was no lawful excuse for making a threat and it is for the jury to decide what is reasonable and what amounts to a threat. Proof of the ‘mens rea’ (‘guilty mind’), as to the intention that the other person would fear the threat would be carried out to kill that person or a third person, is required. Evidence of previous history between the parties is admissible as tending to prove that the defendant intended his words to be taken seriously.
This article is based on public sector information licensed under the Open Government Licence v2.0. The original information can be found here; https://www.cps.gov.uk/legal-guidance/public-order-offences-incorporating-charging-standard