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Arson (criminal damage by fire)

Criminal damage and arson — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Criminal damage and arson

Arson (criminal damage by fire)

Criminal Damage Act 1971, s.1(1) and (3)

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Either way
Maximum penalty
Life imprisonment

Actus reus

  • Destroy or damage property by fire belonging to another (Criminal Damage Act 1971, s.1(1) and (3)).

Mens rea

  • Intention or recklessness as to destroying/damaging property by fire (subjective recklessness — R v G).

Verified case law

  • R v G[2004] UKHL 50

    Criminal damage recklessness requires subjective foresight of risk; Caldwell objective recklessness does not apply.

Defences

Accident / no recklessness · Lawful excuse (s.5) · Deny starting the fire · Own property without endangerment issues

Sentencing Council

Sentencing Council arson guideline effective 1 October 2019. Offence range: discharge to 8 years' custody.

View definitive guideline ↗

At the police station

Establish accelerant use, motive, and risk to life. Endanger-life charging uses a separate guideline.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Criminal damage and arson

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.