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Criminal damage (value not exceeding £5,000)

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

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 *.

View definitive guideline ↗

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.

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.