Threats to kill

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Published by a LexisNexis Corporate Crime expert
Practice notes

Threats to kill

Copyright © 2025 LexisNexis

Published by a LexisNexis Corporate Crime expert

Practice notes
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This Practice Note covers the offence of threats to kill. It looks at what the prosecution must prove and explores each of the elements of the offence. It also covers the approach to sentencing as well as looking at some key authorities on sentencing for the offence.

The offence of threats to kill

The offence of threats to kill is an offence which can be tried in the magistrates' court or the Crown Court. The magistrates' court is likely to decline Jurisdiction if there are repeated threats or a visible weapon.

Elements of the offence of threats to kill

The elements of the offence of threats to kill are set out in section 16 of the Offences Against the Person Act 1861 (OATPA 1861).

The prosecution must prove:

  1. •

    any person without Lawful excuse

  2. •

    makes a threat to another person to kill that person or another person

  3. •

    intending that person to fear that the threat would be carried out

Meaning of 'without lawful excuse'

The threat to kill must be made 'without lawful excuse'. Therefore

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Jurisdiction definition
What does Jurisdiction mean?

Jurisdiction means both the authority or power of the court to determine a dispute between parties as well as the territory over which the legal authority of a court extends.

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