Threats To Kill

Question 1

What legislation covers TTK?

Answer 1

Section 16, Offences against the person act

Question 2

What is the definition of S16 TTK?

Answer 2

A person who without lawful excuse makes to another a threat, intending that that other would fear it would be carried out, to kill that other or a third person shall be guilty

Question 3

What is the Mens Rea for Section 16 Threats to Kill?

Answer 3

Intends that the other person would fear the threat to kill is carried out

Question 4

What MUST be the case for a legitimate charge of Section 16 Threats to Kill?

Answer 4

There must be a threat AND there must be intent to cause the other to believe it

Question 5

Does the threat to kill need to have a sense of immediacy for a legitimate charge of Section 16 Threats to Kill?

Answer 5

No - the threat does not need to be to kill another immediately.

Question 6

Must a victim believe or fear a threat to kill for a legitimate charge of Section 16
Threats to Kill?

Answer 6

No - it is a pure intent offence. A suspect is guilty as soon as they make the threat with intent, regardless of whether they could carry it out / their target’s reaction to the threat etc

Question 7

Can a legitimate charge of Section 16
Threats to Kill be brought against a suspect who makes a threat against an unborn child?

Answer 7

No - an unborn child does not constitute a third person. A child who has been born does.