Threats to Kill in UK Law: Sentencing Guidelines and What You Need to Know

Threats to Kill in UK Law: Sentencing Guidelines and What You Need to Know

If you have been accused of making a threat to kill, you’re likely feeling overwhelmed, confused, and deeply anxious about what could happen next. These types of allegations are serious and can carry severe legal and personal consequences—even if you didn’t mean what you said in the heat of the moment.

Perhaps it was a drunken outburst during an argument, or a misunderstood message sent in anger. Regardless of the circumstances, once a complaint is made and a police investigation begins, the stakes become very real.

In the UK, threats to kill are treated as a serious criminal offence under Section 16 of the Offences Against the Person Act 1861. This is particularly true in situations involving domestic abuse, longstanding disputes, or gang-related activity. Many people are shocked to discover that even a verbal statement like

“I’ll kill you”

can be enough for a charge—especially if the alleged victim genuinely believed the threat might be carried out.

At Makwana Solicitors, we understand how frightening and isolating this situation can be. We’re here not to judge, but to help. This article breaks down the law in plain English, explains what the courts look for when deciding sentences, and highlights what you can do right now to protect your future.

What Does UK Law Say About Making a Threat to Kill?

The offence of making a threat to kill is governed by Section 16 of the Offences Against the Person Act 1861. Although it’s an old statute, it’s still very much in force and applied strictly by modern courts.

To be guilty of this offence, the prosecution must prove:

• You made a threat to kill another person.

• You intended that the person would believe the threat would be carried out.

• The recipient of the threat genuinely feared the threat would be followed through.

Important: The prosecution does not need to prove that you intended to carry out the threat—only that the victim believed you might.

How Do Courts Decide on Sentencing?

The offence of threats to kill is an either-way offence. This means it can be tried either in the Magistrates’ Court or the Crown Court, depending on how serious it is.

Sentencing Range

• Maximum sentence: 10 years’ custody (Crown Court)

• Magistrates’ Court limit: 6 months’ custody

• Typical range: Community order up to 7 years’ imprisonment

Factors That Increase Sentence Severity

Courts assess both the culpability of the offender and the harm caused to the victim. Aggravating factors include:

• A history of domestic abuse or previous violence

• The presence of a weapon or visual threat

• Threats made in front of children

• Evidence of planning or intent

• Threats causing long-term psychological harm

• Victim forced to change daily routines or seek refuge

Example: A threat made during a pattern of domestic abuse, especially if accompanied by physical violence (e.g. strangulation) or resulting in the victim being rehoused, may lead to a starting point of 4 years in custody or more.

Examples: How the Context Affects Sentencing

Serious Case

• Long-term abusive relationship

• Threat made during physical attack

• Victim relocated to a refuge

• Documented mental health impact

Likely outcome: 4+ years’ custody, especially if prior convictions are present.

Less Serious Case

• Drunken argument in a pub with a stranger

• Victim upset but no lasting harm

• No weapons or prior history

Likely outcome: Community Order or suspended sentence, depending on remorse and mitigation.

What Else Can Happen?

If the threat took place within a domestic setting, police or the court may issue a Domestic Violence Protection Order (DVPO). This can prohibit:

• Any form of contact with the victim

• Going near their home or workplace

• Returning to the shared home

Breaching a DVPO can lead to immediate arrest and further consequences.

Being accused of making a threat to kill is frightening—but you’re not alone, and the situation is not hopeless. Sentencing can vary widely depending on the context, your background, and the steps you take now to get legal advice and representation.

At Makwana Solicitors, we’ve helped many clients successfully navigate cases involving serious allegations. Whether you’re facing charges or still under investigation, early legal intervention can make all the difference to the outcome.

We will listen without judgement, advise you clearly, and fight your corner every step of the way.

FAQs

Can I go to prison for threatening to kill someone?

Yes. The offence carries a maximum sentence of 10 years. However, not every case results in imprisonment. Factors like the context of the threat, your past record, and how seriously the victim was affected all influence the final sentence.

What if I didn’t mean it?

Intent to carry out the threat is not required. The key issue is whether you meant for the person to believe you might do it. Even words said in anger can qualify if they made the person genuinely afraid.

Will a threat made over text or social media count?

Absolutely. Threats made by text, email, WhatsApp, or social media can still result in criminal charges—especially if the recipient feared for their safety.

What if the victim and I were both arguing?

While mutual arguments can sometimes provide context, if you made a threat and the other person believed it was real, you could still be charged. A solicitor can help raise relevant mitigation or defences.

Can I get the charges dropped if I apologise?

Apologising might help with mitigation, but it doesn’t stop the case. Once a report is made, the Crown Prosecution Service (CPS) decides whether to proceed. Legal advice is essential.

Conclusion: Understanding UK Law on Threats to Kill

Allegations of threatening to kill are taken extremely seriously under UK law. Even in cases where there was no intent to follow through, the impact on the victim and the context in which the threat was made can lead to substantial penalties—including prison.

If you’re facing such an allegation, understanding the law and taking immediate legal action is critical. At Makwana Solicitors, we offer confidential, expert legal advice and representation tailored to your circumstances. Don’t wait—reach out now to safeguard your rights and your future.

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