Criminal damage and arson
Destroying or damaging another's property, intentionally or recklessly and without lawful excuse, is criminal damage (Criminal Damage Act 1971 s.1(1)), maximum 10 years. Damage of £5,000 or less is tried in the magistrates' court. Arson and damage endangering life carry a maximum of life.
The offences
- Criminal damage (Criminal Damage Act 1971 s.1(1)): destroying or damaging property belonging to another, intending to do so or being reckless as to whether it would be destroyed or damaged, without lawful excuse. Maximum 10 years (s.4).
- Aggravated criminal damage (s.1(2)): damaging any property, including one's own, intending or being reckless as to whether life would be endangered. Crown Court only; maximum life.
- Arson (s.1(3)): criminal damage by fire. Triable either way unless life is endangered; maximum life.
- Threats to destroy or damage property (s.2) and possessing anything with intent to damage property (s.3), each with a maximum of 10 years.
Recklessness
Recklessness is subjective: the defendant must have been aware of a risk and, in the circumstances they knew of, it was unreasonable to take it (R v G [2003]). A risk the defendant did not see, however obvious to others, is not enough.
Lawful excuse
Under s.5 a defendant has a lawful excuse if they honestly believed the owner would have consented, or acted to protect property they believed was in immediate need of protection by means they believed reasonable. The belief need only be honest, not reasonable. Section 5 does not apply to aggravated criminal damage.
Value and venue
- Where the value of the damage is £5,000 or less, criminal damage can only be tried in the magistrates' court, with a maximum of 3 months' imprisonment and a fine of up to £2,500 (Magistrates' Courts Act 1980 ss.22 and 33). There is no right to choose jury trial. If the value is unclear, the defendant may be offered summary trial on those limits.
- The value rule does not apply to damage by fire or to damage to a memorial, which can be tried in the Crown Court whatever the value (Police, Crime, Sentencing and Courts Act 2022 s.50).
- Above £5,000, criminal damage is triable either way (see Magistrates' court or Crown Court: types of offence and allocation).
- Racially or religiously aggravated criminal damage (Crime and Disorder Act 1998 s.30) is triable either way whatever the value, with a maximum of 14 years.
- The government has announced plans to raise the £5,000 threshold to £10,000. This is not yet law.
In practice
Valuation evidence (repair or replacement cost), intent or recklessness, and any honest belief in consent are common issues. Compensation orders are frequently made on conviction.
Authorities: Criminal Damage Act 1971 ss.1 to 5; R v G [2003] UKHL 50; Magistrates' Courts Act 1980 ss.22, 33 and Sch.2; Police, Crime, Sentencing and Courts Act 2022 s.50; Crime and Disorder Act 1998 s.30; Ministry of Justice written statement, Criminal Court Reform, 2 December 2025