The offence
Arson is committed where criminal damage is caused by fire. Where the defendant intends or is reckless as to endangering life, the offence under section 1(2) and 1(3) of the Criminal Damage Act 1971 carries a maximum of life imprisonment. Arson not reckless as to endangering life is triable either-way with a maximum of 10 years on indictment.
Defences
- No intent to damage or endanger life
- A lawful excuse for the fire, or an honest belief in consent or necessity
- Disputed causation — expert fire investigation evidence challenged
- Insufficient identification evidence
Sentencing
Arson is treated very seriously because of the risk to life and property. Where life is endangered, the maximum is life imprisonment. Expert evidence on the cause and origin of the fire is often central to the defence.
Frequently asked questions
Because fire endangers life as well as property. Arson reckless or intended to endanger life carries a maximum of life imprisonment.
Yes. The cause and origin of a fire are matters of expert evidence, and the prosecution’s fire investigation can be challenged with independent expert analysis.
Life imprisonment where life is endangered; up to 10 years on indictment where it is not.