Welcome to Blackmail (Section 21 Theft Act 1968)

In this chapter, we are exploring one of the most serious property offences: Blackmail. While offences like Theft or Robbery usually involve taking something physically, Blackmail is about using pressure and threats to get what you want. It is often described as "the theft of the mind."

Don't worry if the legal language seems a bit "heavy" at first. We will break it down into simple steps so you can identify Blackmail in any exam scenario.

1. What is Blackmail? The Definition

The law for Blackmail is found in Section 21 of the Theft Act 1968. According to the Act, a person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces.

To understand this, we divide it into the Actus Reus (the physical act) and the Mens Rea (the mental state).

2. The Actus Reus: What must happen?

There are two main elements to the Actus Reus of Blackmail:

A. Making a "Demand"

A demand can take many forms. It does not have to be a loud, angry shout. It could be:

  • A written letter or an email.
  • A spoken word or a whisper.
  • Even a gesture or a look (an implied demand).

Important Point: The demand is "made" as soon as it is sent or spoken. It doesn't matter if the victim never actually receives it or reads it! The crime is in the making of the demand.

B. Using "Menaces"

The word "menaces" is a legal term for serious threats. This is more than just a slight annoyance; it must be a threat of such a nature that an ordinary person would be influenced by it. Examples include:

  • Threats of physical violence.
  • Threats to damage property (e.g., "I'll burn your shop down").
  • Threats to reveal a secret (e.g., "I'll tell your boss you've been stealing").

Memory Tip: Think of "Menaces" as "Menacing" behaviour. If the threat is strong enough to make a "person of reasonable firmness" give in, it counts as a menace.

3. The Mens Rea: What was the defendant thinking?

Blackmail has a very specific mental element. You must prove two things:

A. The "Unwarranted" Test

A demand with menaces is unwarranted unless the person making it believes two things (this is a subjective test — we look at what the defendant actually thought):

  1. That he had reasonable grounds for making the demand; AND
  2. That the use of menaces was a proper means of reinforcing the demand.

Common Mistake to Avoid: Even if a person is actually owed money (reasonable grounds), they might still be guilty of blackmail if they use an improper threat (like a threat of violence) to get it back.

B. View to Gain or Intent to Cause Loss

The defendant must be acting because they want to get something or make someone else lose something. However, this must relate to money or other property (economic gain/loss).

  • Gain: Keeping what one has or getting what one does not have.
  • Loss: Not getting what one might get or parting with what one has.

Example: If Alex threatens to tell a secret unless Chloe gives him \$100, Alex has a view to gain. If Alex threatens Chloe just because he wants to make her lose her \$100 (and he doesn't even want the money himself), he has an intent to cause loss.

4. Summary Table for Quick Revision

Use this table to check the elements when answering a Paper 2 scenario question:

\( \text{Demand} + \text{Menaces} = \text{Actus Reus} \)
\( \text{Unwarranted} + \text{View to Gain/Loss} = \text{Mens Rea} \)

Element Description
The Demand Can be express or implied; made when sent/spoken.
The Menaces A serious threat that would affect an ordinary person.
Unwarranted The defendant must believe the demand is reasonable and the threat is "proper."
Gain/Loss Must involve "property" (money or belongings).

5. Sentencing and Classification

Under s21(3) of the Theft Act 1968, Blackmail is an indictable-only offence. This means it is considered very serious and is always tried in the Crown Court. The maximum sentence is 14 years' imprisonment.

6. Common Mistakes and Exam Tips

  • Did the victim give in? It doesn't matter! Even if the victim says "I don't care, tell everyone my secret," the defendant is still guilty of Blackmail the moment they make the unwarranted demand with menaces.
  • Is it robbery? If the threat is of immediate force to steal property at the time of the theft, it might be Robbery (s8). If the threat is to do something in the future (like tell a secret next week), it is likely Blackmail (s21).
  • The "Proper Means" test: Always ask: "Does the defendant really think it's okay to use this specific threat?" Most people know that threatening to kill someone is not a "proper" way to collect a debt.

Quick Review: Blackmail is a "formal" demand. You are using a "lever" (the threat) to get "property" (the gain). If you see a scenario where someone is being pressured to pay money or hand over property to keep a secret or avoid harm, Section 21 is your go-to law!

Related Chapters for Paper 2: Remember that Blackmail is often found in scenarios alongside Theft (s1) and Robbery (s8). Always check if the defendant actually succeeded in getting the property!