If you are stuck in such a situation, here is what to do.

Mr. Liam Davies was at a local pub, “The Griffin’s Head,” in the city of Northwood, enjoying a quiet evening. An argument broke out with another individual, Mr. Thomas Bell, concerning a minor disagreement over a spilled drink. The situation escalated quickly, and in front of the bartender and several other patrons, Mr. Bell shouted, “I will find you and I will kill you, I’ll put you in the ground.” Although Mr. Davies was shaken by the outburst, he felt it was likely just empty words spoken in anger. However, the public and aggressive nature of the threat concerned him, and he decided to seek advice on what actions, if any, he could take.

Advice in such cases

Even if you believe a threat is not credible, it is crucial to treat it with seriousness. The act of making a threat to kill is a criminal offence in itself, regardless of the person’s actual intent to carry it out. You should report the incident to the police as soon as possible. Avoid any further contact with the person who made the threat. If possible, make a note of exactly what was said, who was present, and the time and location of the incident. This information will be vital for any police investigation.

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of 100 GBP to 400 GBP depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored.

Applicable Sections of Law

In the UK, several laws apply to situations involving verbal threats. The most relevant are:

• Section 16 of the Offences against the Person Act 1861: This makes it a specific criminal offence for a person to make a threat to kill another person, intending that the other would fear it would be carried out. The prosecution does not need to prove the person intended to actually kill the victim, only that they intended for the victim to believe they would.
• The Public Order Act 1986: Several sections could apply. For instance, Section 4A criminalises causing intentional harassment, alarm, or distress through threatening, abusive, or insulting words or behaviour. Given the incident occurred in a public place with witnesses, this is highly relevant.
• The Protection from Harassment Act 1997: While a single incident does not typically constitute harassment (which usually requires a course of conduct involving at least two incidents), reporting it creates an official record. If the person engages in any further alarming behaviour, it can form part of a larger harassment case.

If you are the complainant

As the complainant, your role is to provide a clear, detailed, and truthful account of the events to the police. You will be asked to give a witness statement. Be prepared to state the exact words used, the context of the conversation, the identity of the person who made the threat (if known), and details of anyone else who witnessed the event. Your cooperation is key to enabling the police to investigate properly.

If you are the victim

Your personal safety is the priority. While you may not believe the threat is credible, it is wise to take precautions. Inform trusted friends or family about the incident. Avoid places where you might encounter the individual again. Keep a log of any further incidents, messages, or sightings of the person. Do not engage with them directly. Let the police handle all communication.

How the police behave in such cases

Upon receiving your report, the police will conduct a risk assessment to determine the credibility and immediacy of the threat. They will take a formal statement from you. Their next steps will involve identifying and speaking to the witnesses you named. They may also check for CCTV from the location. Based on the evidence gathered, they may arrest and interview the suspect. If they believe there is sufficient evidence that a crime has been committed, they will refer the case to the Crown Prosecution Service (CPS), who will decide whether to press charges.

FAQs people normally have

• What if the person was just drunk and angry? Intoxication is generally not a defence in UK law, especially for crimes of this nature. The key elements are the words spoken and the intent to cause fear, not the person’s state of mind or ability to recall the event later.
• Do I have to testify in court? If the case proceeds to a trial because the accused pleads not guilty, it is very likely that you and the other witnesses will be required to attend court and give evidence.
• Can this be dealt with without going to court? In some less severe cases, the police might issue a formal warning or a caution, but for a direct threat to kill, a formal prosecution is more likely if the evidence is strong.

What evidence is required?

• Your Witness Statement: A detailed account of what happened from your perspective.
• Witness Testimony: Statements from other people who heard the threat are critical. In a public place like a pub, testimony from staff and other patrons would be powerful evidence.
• CCTV Footage: Video evidence from the pub’s security cameras can corroborate your account of the events, even if it doesn’t capture clear audio.
• Contemporaneous Notes: Any notes you made immediately after the incident can help you recall details accurately when giving your statement.

How long will the investigation take?

The duration of a police investigation can vary significantly. A case with clear evidence, identifiable witnesses, and a cooperative suspect might move relatively quickly, over a matter of weeks. However, if witnesses are difficult to trace or the suspect is uncooperative, the investigation can take several months. The police should assign an officer to your case who can provide you with periodic updates on its progress.

Advocate Sudhir Rao, Supreme Court of India