The offence

A person is guilty of Blackmail if, with a view to gain for themselves or another or with intent to cause loss to another, they make any unwarranted demand with menaces. A demand with menaces is unwarranted unless the person making it does so in the belief that:

1. •

   they have reasonable grounds for making the demand, and

2. •

   the use of the menaces is a proper means of reinforcing the demand

Blackmail is an indictable-only offence that can only be tried in the Crown Court.

Jurisdiction

One of the constituent elements of the offence must occur in England and Wales. A person will be guilty of the offence of blackmail whether or not they were in England and Wales at any material time and whether or not they are a British citizen.

Jurisdiction is established if the communication of a demand were sent either:

1. •

   from a place in England and Wales to a place elsewhere, or

2. •

   from a place elsewhere to a place in England and Wales

In R v Pogmore,