Threats to Kill (Section 16 Offences Against the Person Act 1861)

Threats to Kill is an offence under s.16 Offences against the Person Act 1861. A person commits the offence if, without lawful excuse, he makes to another a threat, intending that that other would fear it would be carried out, to kill that other or a third person (s.16). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding ten years (s.16). The section as read gives only the on-indictment penalty; the annotation records that s.16 was amended as to mode of trial by the Magistrates' Courts Act 1980, Schedule 1 paragraph 5. Where it is tried summarily as an offence triable either way, the term of imprisonment a magistrates' court may impose is capped at the general limit in a magistrates' court, which is 12 months (Sentencing Act 2020, s.224(1) and (1A)(b)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. Officers should photograph injuries at the earliest opportunity and again after 24-48 hours (bruising develops). Domestic abuse cases require completion of a DASH risk assessment. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).