What are the blackmail offences under the Theft Act 1968?

Blackmail and extortion are serious criminal offences under the Theft Act 1968 and common law principles. While “extortion” is commonly used in everyday language, it does not exist as a separate statutory offence in England and Wales. Instead, the types of conduct described as extortion are typically prosecuted under the offence of blackmail or other related crimes, such as demanding money with menaces or offences under the Fraud Act 2006.

A person is guilty of blackmail if they make any unwarranted demand with a view to gain for themselves or another, or with intent to cause loss to another. To convict an alleged perpetrator, the prosecution must show that:

• There was a demand: this can be expressed or implied and does not need to be communicated verbally.
• The demand contained a threat: this includes threats of violence, reputational damage, or other forms of coercion. The threat must be sufficiently serious to influence the victim.
• The demand was unwarranted: unless the person making the demand believes they have reasonable grounds for it and that the use of threats is a proper means of reinforcing the demand, it will be considered an unwarranted demand. This is judged based on what the defendant believed, not what is objectively reasonable.
• There was a view to gain or intent to cause loss: gain and loss can be money, property or other types of advantage.

By way of illustration, our criminal defence team has encountered criminal cases of blackmail and extortion involving all of the following:

• Threats to reveal private information (e.g. an affair, or sensitive photographs) unless money is paid.
• Threats to make false accusations (e.g. of criminal behaviour) unless a demand is met.
• Coercing someone to act in a way they would not otherwise act, by threatening economic or personal harm (such as physical violence).

It is important to work closely with an experienced law firm if you are accused of blackmail, as a strong defence will be needed to avoid the maximum sentence. Tyler Hoffman's crime team has relevant expertise and is available 24/7 to discuss your needs.

What are the potential penalties for blackmail and extortion?

Blackmail is tried in the Crown Court and carries a maximum sentence of 14 years’ imprisonment if you are found guilty. Depending on the harm caused to the alleged victim and the culpability of the suspect, the court may impose a shorter sentence, but this is rare and relies on a strong defence built by a specialist team. Other possible penalties include confiscation of any proceeds under the Proceeds of Crime Act 2002 if the blackmailer financially benefited from the scheme, reputational damage and professional consequences (such as loss of employment and removal from regulatory bodies) for white collar criminals. You may also be subject to a restraining order to protect the victim from further contact.

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