Threats to Kill Sentencing Guidelines UK (2026)
Making a threat to kill is a serious criminal offence under UK law. If you or someone you know is facing charges, understanding the sentencing guidelines is essential. This guide explains what sentences courts can impose, how they calculate them, and what factors affect the outcome.
In Brief
Key Fact | Detail |
|---|---|
Legislation | Section 16, Offences Against the Person Act 1861 |
Offence Type | Either way (Magistrates’ or Crown Court) |
Maximum Sentence | 10 years’ custody |
Typical Range | Community order to 7 years’ custody |
Guideline Updated | 1 April 2024 |
What is a Threat to Kill Under UK Law?
A threat to kill is defined under Section 16 of the Offences Against the Person Act 1861. The offence occurs when someone, without lawful excuse, makes a threat to kill another person intending that person to fear the threat will be carried out.
The threat can be made in various ways: - Verbal - spoken directly to the victim or a third party - Written - letters, notes, or documents - Digital - text messages, social media posts, emails, or voice messages - Implied - gestures or conduct that communicate a threat to kill
It does not matter whether you actually intended to carry out the threat. What matters is whether you intended the victim to believe you would.
Points to Prove: What the Prosecution Must Establish
For a conviction, the prosecution must prove three elements beyond reasonable doubt:
- A threat was made - There must be evidence of a threat to kill, whether explicit (“I’m going to kill you”) or implied through words and conduct together.
- Intent to cause fear - The defendant intended the victim to fear the threat would be carried out. This is about the defendant’s state of mind, not whether the victim was actually afraid.
- No lawful excuse - The defendant had no lawful justification for making the threat.
The prosecution does not need to prove you intended to actually kill anyone. They only need to prove you intended the victim to believe you might.
Is Making a Threat to Kill a Serious Offence?
Yes. Threats to kill are classified as an “either way” offence, meaning they can be tried in either the Magistrates’ Court or the Crown Court.
Magistrates’ Court: - Handles less serious cases - Maximum sentence: 12 months’ custody (increased from 6 months in November 2024) - Cases often sent to Crown Court due to seriousness
Crown Court: - Handles more serious cases - Maximum sentence: 10 years’ custody - Most threats to kill cases end up here
The decision on where the case is heard depends on the circumstances, including the nature of the threat, the context, and any aggravating factors.
What is the Minimum Sentence for Threats to Kill?
There is no statutory minimum sentence for threats to kill. The court has full discretion, and sentences range from a community order (no prison time) to 7 years’ custody in the standard range, with the maximum of 10 years reserved for the most serious cases.
Your sentence will depend on: - The culpability (how blameworthy you are) - The harm caused to the victim - Any aggravating or mitigating factors
Many first-time offenders whose threats caused limited harm receive community orders or suspended sentences rather than immediate custody.
How is the Sentence Calculated?
Courts follow the Sentencing Council guidelines, which were last updated on 1 April 2024. The process involves assessing culpability and harm, then adjusting based on other factors.
Step 1: Assess Culpability
Category A (Higher Culpability) - Significant planning or sophisticated approach - Threat made using a visible weapon - Threat made in presence of children - History of violence or campaign of abuse against the victim - Threat involving significant violence (e.g., torture, mutilation)
Category B (Medium Culpability) - Factors from both A and C that balance out - Falls between higher and lesser categories
Category C (Lesser Culpability) - Responsibility substantially reduced by mental disorder or learning disability - Threat was limited in scope and duration
Step 2: Assess Harm
Category 1 (Highest Harm) - Very serious distress caused to the victim - Significant psychological harm - Considerable practical impact (e.g., victim moved home, changed job)
Category 2 (Medium Harm) - Some distress and psychological harm - Some practical impact on the victim’s daily life
Category 3 (Lower Harm) - Little or no distress or harm caused - Minimal lasting impact
Sentencing Starting Points and Ranges
Culpability | Category 1 Harm | Category 2 Harm | Category 3 Harm |
|---|---|---|---|
A | 4 years (range: 2-7 years) | 2 years (range: 1-4 years) | 1 year (range: 26 weeks-2.5 years) |
B | 2 years (range: 1-4 years) | 1 year (range: 26 weeks-2.5 years) | 26 weeks (range: high community order-1 year) |
C | 1 year (range: 26 weeks-2.5 years) | 26 weeks (range: high community order-1 year) | Medium community order (range: low-high community order) |
What Increases the Sentence? (Aggravating Factors)
Certain factors will push the sentence higher within or above the range.
Statutory Aggravating Factors
- Previous relevant convictions
- Offence committed while on bail
- Hostility based on race, religion, disability, sexual orientation, or transgender identity
- Offence against an emergency worker (police, paramedic, nurse)
- Offence against someone providing a public service
Other Aggravating Factors
- Domestic abuse context - threats within an intimate or family relationship
- Vulnerable victim - elderly, disabled, or otherwise vulnerable
- Impact on children - threat witnessed by or affecting children
- Breach of court order - restraining order, non-molestation order, or bail conditions
- Committed on licence - while subject to post-sentence supervision
- Pattern of behaviour - repeated threats over time
Domestic violence cases are treated particularly seriously. A threat to kill within a relationship where there is a power imbalance or history of abuse will almost always attract a higher sentence.
What Reduces the Sentence? (Mitigating Factors)
The court will also consider factors that may reduce your sentence.
Personal Mitigation (2024 Updated Guidance)
- No previous convictions - or only old/irrelevant ones
- Genuine remorse - the court must be satisfied this is genuine (note: lack of remorse is never treated as an aggravating factor)
- Good character - positive contributions to community, family, or work
- Age and maturity - the 2024 guidelines specifically recognise that young adults aged 18-25 may have reduced maturity affecting their culpability
- Mental disorder or learning disability - where not already accounted for at step one
- Sole or primary carer - for dependent children or relatives
- Difficult background - deprived upbringing or traumatic circumstances
- Steps to address offending - counselling, therapy, or other rehabilitative efforts
Other Mitigation
- Serious medical condition requiring intensive treatment
- Pregnancy or being within 12 months of giving birth
- Good employment or training prospects
What Defences Are Available?
If you are charged with making a threat to kill, several defences may be available.
Lawful Excuse
The most common defence is that you had a “lawful excuse” for making the statement. This might include:
- Self-defence - you made the statement to protect yourself from an imminent attack (e.g., “If you come any closer, I’ll kill you” during a confrontation you did not start)
- Defence of others - protecting family members or others from harm
- Prevention of crime - in limited circumstances
Challenging the Elements
You may also defend the charge by arguing:
- No threat was made - the words did not amount to a threat to kill
- No intent to cause fear - you did not intend the person to believe the threat would be carried out (e.g., an obvious joke or hyperbole)
- Mistaken identity - you were not the person who made the threat
- Insufficient evidence - the prosecution cannot prove the case beyond reasonable doubt
An experienced criminal defence solicitor can assess the evidence and advise on the strongest defence strategy.
What Can the Police Do About Death Threats?
If someone makes a threat to kill, the police have powers to investigate and take action.
Police Powers
- Arrest - the police can arrest someone on suspicion of making threats to kill
- Search - they may search premises for evidence (weapons, communications)
- Bail conditions - the suspect may be released on bail with conditions (e.g., no contact with the victim)
- Charge - if there is sufficient evidence, the Crown Prosecution Service will authorise charges
If You Have Received a Death Threat
If someone has threatened to kill you:
- Report it to police - call 999 if you are in immediate danger, or 101 to report
- Preserve evidence - save messages, screenshots, voicemails, or notes
- Do not respond - avoid confrontation or retaliating
- Seek protection - the police may help you obtain a restraining order or other protective measures
The police take death threats seriously. Even if the person claims they did not mean it, you are entitled to report the matter and have it investigated.
Get Expert Legal Help
If you are facing charges for threats to kill, or you need advice about a threat you have received, early legal advice is essential.
At JD Spicer Zeb Solicitors, our criminal defence team has extensive experience defending clients accused of serious offences including threats to kill. We can:
- Advise on the strength of the evidence against you
- Identify possible defences
- Represent you in police interviews
- Prepare your case for court
- Advocate for the lowest possible sentence if convicted
Contact us today for a free initial consultation. Call our 24-hour emergency line or complete our online enquiry form.
Frequently Asked Questions
Can you go to jail for threatening to kill someone?
Yes. Threats to kill carry a maximum sentence of 10 years’ imprisonment. However, many cases result in community orders or suspended sentences, particularly for first-time offenders where the harm caused was limited.
Are death threats illegal in the UK?
Yes. Making a threat to kill is a criminal offence under Section 16 of the Offences Against the Person Act 1861. You can be prosecuted even if you had no intention of actually carrying out the threat.
Is threatening someone over text message illegal?
Yes. A threat to kill made via text message, social media, email, or any other digital communication is treated the same as a verbal threat. The method of communication does not affect whether the offence is committed.
What happens if you threaten to kill someone and they report it to police?
The police will investigate. This may involve interviewing you under caution, seizing your phone or devices, and gathering witness statements. If there is sufficient evidence, you may be charged and required to attend court.
Can threats to kill charges be dropped?
Charges can be dropped if the prosecution decides there is insufficient evidence or it is not in the public interest to proceed. Your solicitor can make representations to the Crown Prosecution Service on your behalf. However, the victim cannot simply “drop the charges” - this is a decision for the CPS.
What is the difference between threats to kill and harassment?
Threats to kill is a specific offence requiring a threat to end someone’s life. Harassment involves a course of conduct (at least two incidents) that causes alarm or distress but does not necessarily involve threats to kill. A person can be charged with both offences if their behaviour amounts to both.
This article was last updated in January 2026 to reflect the April 2024 Sentencing Council guideline revisions. The information provided is for general guidance only and should not be treated as legal advice. For advice specific to your situation, please contact us directly.