How many times have you said something similar?

Is it an offence?

You commit the crime of making threats to kill – if you make such a threat with the intent that it will be carried out. Section 16 of the Offences Against the Person Act 1861 governs the offence. Despite the fact that the legislation is quite ancient, it is nevertheless a widely used charge. The crucial element of the crime is that you want someone else to be afraid that your threat will be carried out.

Is there a defence?

 If you make the threat in self-defence or in the prevention of crime you may have a defence of lawful excuse; whether the threat was reasonable in the circumstances will be a matter for the magistrates or jury.

Equally, a comment made in temper or jest, with no intent to make anyone fear it would be carried out would not be an offence.

Evidence of previous history between the parties is admissible as tending to prove that the defendant intended his words to be taken seriously (Williams (C.I.), 84 Cr.App.R. 299, CA.)

What if the threat is made to someone else?

You don’t have to threaten the person personally; you might do so through a third party.

For example, when a man in prison threatened to kill his ex-girlfriend in front of a prison official, he was found guilty and sentenced to five years in prison. The threats were viewed particularly seriously because he had previously been convicted of manslaughter for the death of his wife.

What sentence can I expect?

The offence can cover a wide range of offences, and the court will consider a number of factors when deciding on a sentence, such as whether a weapon was used, whether the threat was made in the heat of the moment, the impact on the victim, whether the threat was repeated or if it was a single calculated threat.

For instance, in a case involving threats made to an arresting officer, the criminal knew intimate details about the officer’s personal life, giving the threats greater weight. He was given a two-year jail sentence.

When a weapon is present when threats are made, the crime is substantially more serious; for example, an offender who threatened his former partner with a sword was sentenced to five years in jail.

Sentences can range from a community order for a single threat made in the heat of the moment to a maximum of ten years in prison for repeated threats or the presence of a weapon.