Offences Against The Person Act 1861 - Threats To Kill

Threats To Kill

Section 16

The making of a threat to kill is an offence where the defendant intends the victim to fear it will be carried out. It is immaterial whether it is premeditated or said in anger.

Although the normal maximum sentence is ten years, offenders deemed to present a "significant risk" of "serious harm" to the public can now receive a life sentence under the Criminal Justice Act 2003.

Other threats of violence may be prosecuted summarily under section 4 of the Public Order Act 1986.

This section, as originally enacted, replaced the offence of sending, delivering or uttering a letter or writing threatening to kill or murder under section 1 of the 10 & 11 Vict c 66 (1847); the other offences under that section being consolidated elsewhere.

In Northern Ireland, this section was substituted by article 4 of the Criminal Law (Amendment) (Northern Ireland) Order 1977 (S.I. 1977/1249 (N.I. 16)).

In the Republic of Ireland, this section has been repealed and replaced by section 5 of the Non-Fatal Offences against the Person Act 1997.

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