Summary
The Criminal Damage Act 1971 consolidated and modernised the law relating to criminal damage and arson. It creates offences of destroying or damaging property, threatening to destroy or damage property, and possessing anything with intent to destroy or damage property. Arson (criminal damage by fire) carries a maximum sentence of life imprisonment.
Key Points
- Simple criminal damage (s.1(1)) — Destroying or damaging property belonging to another without lawful excuse. Maximum 10 years imprisonment
- Aggravated criminal damage (s.1(2)) — Destroying or damaging property intending or being reckless as to whether life is endangered. Maximum life imprisonment
- Arson (s.1(3)) — Criminal damage committed by fire. Carries maximum life imprisonment even for simple arson
- Threats to destroy or damage property (s.2) — Maximum 10 years imprisonment
- Lawful excuse (s.5) — Defence where the accused believed the owner would consent, or acted to protect property
- The meaning of 'damage' is broadly interpreted — includes temporary impairment of value or usefulness