Quizzes & Puzzles29 mins ago
Verbal threats
What are the laws about people who threaten you verbally? Are there any?
TIA
TIA
Answers
Best Answer
No best answer has yet been selected by SKA. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.It could be threatening behaviour, and Buenchico has already described it very well:
http://www.theanswerbank.co.uk/How-it-Works/Qu estion158414.html
http://www.theanswerbank.co.uk/How-it-Works/Qu estion158414.html
verbal threats are prosecuted under s39 Criminal Justice Act, as assault.
Important legal distinction is that 'assault' requires no touching, but behavior that is threatening. 'battery' is what is commonly thought of as assault, is the 'unlawful touching'.
So yes mere words that cause fear of violence etc can be prosecuted. There are various other legislative tools available also e.g. Malicious Communications Act.
Important legal distinction is that 'assault' requires no touching, but behavior that is threatening. 'battery' is what is commonly thought of as assault, is the 'unlawful touching'.
So yes mere words that cause fear of violence etc can be prosecuted. There are various other legislative tools available also e.g. Malicious Communications Act.
It does depend on the type of threats but.....
The Public Order Act 1986 s.4 states:
1) A person is guilty of an offence if he -
a) uses towards another person threatening, abusive or insulting words or behaviour, or
b) distributes or displays to another person any writing, sign or other visible representation which is threatening, abusive or insulting,
with intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person, or to provoke the immediate use of unlawful violence by that person or another, or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked.
2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is distributed or displayed, by a person inside a dwelling and the other person is also inside that dwelling.
The Public Order Act 1986 s.4 states:
1) A person is guilty of an offence if he -
a) uses towards another person threatening, abusive or insulting words or behaviour, or
b) distributes or displays to another person any writing, sign or other visible representation which is threatening, abusive or insulting,
with intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person, or to provoke the immediate use of unlawful violence by that person or another, or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked.
2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is distributed or displayed, by a person inside a dwelling and the other person is also inside that dwelling.
Number of possible charges.
s39 for assault, but the victim has to apprehend the imminent application of unlawful force
s4 - as above
s4A can also be used where the words are used causing harassment, alarm or distress (no need to prove the intent in s4)
s5 is a lesser offence where threatening, abusive or insulting words or behaviour are used within the hearing of someone likely to be caused harassment, alarm or distress.
Most serious is s16 OAPA 1861 - threats to kill which requires a threat to kill, intending the other would fear it would be carried out, to be made.
If you have a specific situation in mind SKA, that may help narrow stuff down.
s39 for assault, but the victim has to apprehend the imminent application of unlawful force
s4 - as above
s4A can also be used where the words are used causing harassment, alarm or distress (no need to prove the intent in s4)
s5 is a lesser offence where threatening, abusive or insulting words or behaviour are used within the hearing of someone likely to be caused harassment, alarm or distress.
Most serious is s16 OAPA 1861 - threats to kill which requires a threat to kill, intending the other would fear it would be carried out, to be made.
If you have a specific situation in mind SKA, that may help narrow stuff down.