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Sections 87 1 and 2 are derived from and identical to sections 21 1 and 2 of the Theft Act printed above. Section 87 3 provides that a person guilty of blackmail is guilty of an indictable offence and liable to level 4 imprisonment 15 years maximum.

Section provides that a person who menaces another intending to get the other to submit to a demand is guilty of blackmail, and may be subject to imprisonment a maximum of 15 years for a basic offence or a maximum of 20 years for an aggravated offence.

The offence created by section 17 1 [15] of the Criminal Justice Public Order Act, is described by the marginal note to that section as "blackmail, extortion and demanding money with menaces".

The offence is derived from the offence under section 21 of the Theft Act In England and Wales this offence is created by section 21 1 of the Theft Act Sections 21 1 and 2 of that Act provide:.

The Theft Act section 21 contains the present-day definition of blackmail in English law. It requires four elements:.

These tests relate to the actual belief of the perpetrator, not the belief of an ordinary or reasonable person. The usual rule is that a criminal act, or a belief not truly held, can never be "warranted", although according to some authors, a "grey area" may rarely exist where a very minor illegality may be honestly believed to be warranted.

Additionally, a statement that would not usually coerce or pressure someone may still be a "menace", if the perpetrator knew, believed, or expected that their specific victim would feel coerced or pressured by it.

The law does not require a demand or menace to be received by the victim, merely that they are made, therefore it is irrelevant whether the victim was affected or not, or even unaware of them perhaps because they had not yet been received, read or listened to.

Because the criteria include an intention to "cause" some kind of gain or loss, a demand for sex for example would not be considered blackmail, so threats with these and other demands are dealt with under a variety of other criminal laws.

However even in these cases, a gain or loss of some kind can often be found, and then this law can then be applied.

The courts have ruled that a person who places themselves in a situation where they may be coerced to make a demand with menaces against a third party is likely, foreseeable, or probable, may not be able to rely on coercion as a defence because they voluntarily placed themselves in such a situation.

This issue has arisen, for example, in gang-related violence. The word "menaces" was adopted from sections 29 1 i and 30 of the Larceny Act Section 29 1 i made it a felony for a person to utter, knowing the contents thereof, any letter or writing demanding of any person with menaces, and without any reasonable or probable cause, any property or valuable thing.

Section 30 made it an offence for a person to, with menaces or by force, demand of any person anything capable of being stolen with intent to steal the same.

Thorne v Motor Trade Association [22] is a leading case on the meaning of the word "menaces", decided under section 29 1 i of the Larceny Act It was held that the trade body had both the right to put persons on their blacklist and also the right to offer a fine as an alternative to being put on a blacklist, therefore neither of the demand or the menace were ruled to be "unwarranted".

The Court noted that a plainly unreasonable fine could potentially be viewed as unwarranted. In this case, Lord Wright said:.

I think the word "menace" is to be liberally construed and not as limited to threats of violence but as including threats of any action detrimental to or unpleasant to the person addressed.

It may also include a warning that in certain events such action is intended. The ordinary blackmailer normally threatens to do what he has a perfect right to do namely, communicate some compromising conduct to a person whose knowledge is likely to affect the person threatened.

The gravamen of the charge is the demand without reasonable or probable cause: and I cannot think that the mere fact that the threat is to do something that a person is entitled to do either causes the threat not to be a "menace" [ R v Clear [26] was decided under section 30 of the Larceny Act Sellers LJ said: [27].

Words or conduct which would not intimidate or influence anyone to respond to the demand would not be menaces There may be special circumstances unknown to the accused which would make the threats innocuous and unavailing for the accused's demand, but such circumstances would have no bearing on the accused's state of mind and of his intention.

If an accused knew that what he threatened would have no effect on the victim it might be different. In regard to the importance of the perpetrator's understanding of impact, in R.

In R v Lawrence and Pomroy, [29] the defendant argued that the direction given to the jury should have contained a definition of the word "menaces" in accordance with R v Clear.

Cairn L. The word "menaces" is an ordinary English word which any jury can be expected to understand. In exceptional cases where because of special knowledge in special circumstances what would be a menace to an ordinary person is not a menace to the person to whom it is addressed, or where the converse may be true, it is no doubt necessary to spell out the meaning of the word.

It can be couched in terms which are by no means aggressive or forceful. Indeed, the more suave and gentle the request, the more sinister in the circumstances it might be.

Professor Griew said that the word "menaces" could conceivably include: [23]. David Ormerod said that it extends to a threat to damage property.

It should be remembered that the offence requires either an unwarranted menace, or an unwarranted demand, or both; not all menaces nor all demands are "unwarranted", and the belief of the perpetrator is the determining factor.

If both the demand and the menace are each believed to be proper and reasonable to make, in law, then - depending upon the details of the case - the kinds of actions listed above may no longer be criminal offences.

However, as stated above, a criminal demand or menace can never believed to be "warranted", and actual knowledge of the victim and their state of mind or expected response may change a warranted matter into an unwarranted one.

Blackmail is an indictable-only offence. A person convicted of blackmail is liable to imprisonment for any term not exceeding fourteen years.

In R v Hadjou , [40] Lord Lane CJ said that blackmail is one of the ugliest and most vicious crimes because it often involves what he described as "attempted murder of the soul".

He said that, perhaps because courts always impose severe sentences, one seldom finds a person convicted a second time of blackmail.

He said that deterrence is perhaps the most important part of a sentence in a case of blackmail. Because blackmail can cover any unwarranted demand with a menace, many other offences may also be carried out as part of committing blackmail, or by the same events.

For example:. A blackmailer who threatens to publish a defamatory statement of and concerning an individual may be liable to be sued after the regulations of the Defamation Act The requirement for serious harm defines: 1 A statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant.

The trial for the offence must be with a jury in the case of charges with cases of: [44] a fraud b malicious prosecution c false imprisonment.

The terms in this law derive from the Larceny Act sections 29 - 31, which itself draws on the Libel Act and the Larceny Act An offence also existed in common law : for example in R.

If a man will make use of a process of law to terrify another out of his money, it is such a trespass as an indictment will lie.

Sodherton stated that a threat needed to be such that a "firm and prudent man" would be overcome by it, and concluded that "The law distinguishes between threats of actual violence against the person, or such other threats as a man of common firmness cannot stand against, and other sorts of threats.

Money obtained in the former cases under the influence of such threats may amount to robbery, but not so in cases of threats of other kinds".

The origin of the modern offence lay in the Black Act , [45] which addressed a group of notorious poachers and extortioners.

Before the enactment of section 21 of the Theft Act , the word blackmail was not a legal term of art. The word was used by lawyers as a convenient way of referring to the offences under section 29 to 31 of the Larceny Act , [9] and those offences were commonly known as blackmail.

Hogan described these offences as "an ill-assorted collection of legislative bric a brac which the draftsmen of the Act put together with scissors and paste.

They were replaced in by section 21 of the Theft Act. It is derived from and identical to section 21 of the Theft Act of England and Wales.

There is no statutory offence of blackmail in Scotland. The common law offence of extortion is similar. Extortion is the offence of using the threat of harm to demand money, property or some advantage from another person.

It does not matter whether the demand itself is legitimate such as for money owed as the offence can still be committed when illegitimate threats of harm are used.

In the German Criminal Code, the offense of blackmail Erpressung is set to be punishable by a fine or imprisonment for up to five years.

Specific laws exist for continuous blackmail threats or offenses against constitutional organs or against personal freedom in case of abduction.

The French Penal Code considers the offense of blackmail chantage with a fine of up to 75 euros or imprisonment for 5 years in Article Blackmailing in French law falls under the section of extortion.

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