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.
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.
- Statute:Criminal Damage Act 1971, s.1(1) and (3) ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Criminal damage ↗
- Case law:R v G [2004] UKHL 50 ↗