Criminal damage and arson
Criminal damage (value not exceeding £5,000)
Criminal Damage Act 1971, s.1(1)
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Summary only
- Maximum penalty
- Level 4 fine
Actus reus
- Destroy or damage property belonging to another without lawful excuse (Criminal Damage Act 1971, s.1(1)). Low-value is an allocation/sentencing split (damage not exceeding £5,000), not a different actus reus.
Mens rea
- Intention or recklessness as to destroying or damaging such property. Recklessness is subjective (R v G is on the flagship damage page).
Defences
Lawful excuse (s.5) · No damage / no property belonging to another · Accident (no intention or recklessness) · Value or mode-of-trial challenge is not a defence to guilt
Sentencing Council
Sentencing Council guideline effective 01 October 2019. Offence range: Discharge – 3 months’ custody *.
At the police station
Ask for the value figure the OIC is using. Endanger-life and arson are different charges.
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) ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Criminal damage ↗