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Threats to destroy or damage property

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

Criminal damage and arson

Threats to destroy or damage property

Criminal Damage Act 1971, s.2

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

Triable
Either way
Maximum penalty
10 years' custody

Actus reus

  • Make a threat to another to destroy or damage property belonging to that other or a third person (Criminal Damage Act 1971, s.2).

Mens rea

  • Intention that the other would fear the threat would be carried out.

Defences

No threat · No intention that hearer would fear it · Hyperbole / not taken seriously · Deny words/conduct

Sentencing Council

Sentencing Council guideline effective 1 October 2019. Offence range: discharge to 4 years' custody.

View definitive guideline ↗

At the police station

Often domestic/neighbour disputes. Capture exact words and whether fire/bomb threats were made.

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

Back to the full offences index

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.