Saturday, October 24, 2009

What is the law in the UK regarding threats made on your life?

i have a friend across the road who had three men at his door the other night who threatened to kill his wife and kids over some trouble he has had with another neighbour...it's only minor problems that my friend has had with the neighbour but he has always had the police involved...the other night the police came out and gave one of the blokes making the threat an on the spot fine and told to go home....now my friend is worried in case these idiots were serious..the housing don't want to know and the police don't seem interested
Answer:
There is an offence called 'threats to kill'. It carries a 10 year custodial sentence on conviction. It is a very serious matter and needs to be reported to the police immediately. I am a criminal defence solicitor.
Making threats to kill is a crime punishable by a long jail sentence. Your friend should get some CCTV and audio recording equipment set up so next time (I really hope there isn't a next time), he has evidence against them.
Unfortunately there are many cases which turn out to be more than an idle threat.. the trouble is trying to prove that there is an actual threat...how many times have you said, 'I could kill him....' just in temper but not actually wanting to literally kill someone. He should maybe try and fix up some sort of Video camera so that when an actual threat is made, then it can be shown to the Police and be used as evidence.
threatening to kill someone is a serious offence and the police should be taking this seriously. i know a girl who threatened to kill another girl with a text message she went to a juvenile unit so it is serious. i would be back on to the police and get a restraining order.you need to take this seriously this is lives your playing with its not a game
Your friend can take out a private summons by attending at your local magistrates' court and laying a complaint (i.e. giving evidence of this matter of making threats to kill and of the fact that he is seriously worried about it.) Normally the CPS would then take over conduct of the case, as the courts aren't too keen on private individuals prosecuting criminal cases. However, he'd better think very hard before risking this, as it might stir up trouble where in fact the threats were not to be taken seriously. It sounds rather as though this bully sent round his mates to put the frighteners on your friend. However, the offence of making threats to kill is subjective, i.e. it is a matter of whether the threats were made with the intention of making the other person think that they were realy going to be carried out -- which seems to e the case here.
be careful, it sounds good on paper but remember the police and solicitors have a different level of support than you and I, I would ask the victims of crime organisation first, just so that you have it on record that you are seeking police protection: example..
a nutter from my neighbourhood threatened and eventually hit my girl-friends son at a party, the police took a statement and after promises not to tell the attacker, ended up telling him and as he lived next door began a campaign of harassment, even though my girl-friends daughter was a police officer in our town..'unusual' he still made us suffer with aggressive behaviour and insults..right now he's serving a sentence and when he has finished it will be further charged for breaking a baseball bat over his partners head..we called the police because she was calling for help. Sorry its negative advice but the reality is the courts and police are ineffective and basically don't give a crap
If any thing the 3 men could be guilty of an assault at least. Common law assault is the apprehension of unlawful physical force. Even silence can amount to an assault - R v Ireland (1997).

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