The offence
Section 1 of the Criminal Damage Act 1971 makes it an offence to destroy or damage property belonging to another, without lawful excuse, intending to do so or being reckless as to whether it would be damaged. Where the damage is reckless as to endangering life, the maximum is life imprisonment; otherwise the offence is triable either-way with a maximum of 10 years on indictment.
Defences
- A lawful excuse — for example, a belief in consent or that the damage was immediately necessary to prevent greater harm
- No intent and no recklessness as to damage
- Disputed ownership or value of the property
- Insufficient evidence identifying the defendant as the cause
Sentencing
Lower-value criminal damage may be dealt with summarily; either-way damage carries up to 10 years on indictment, and damage reckless as to endangering life carries life. Compensation orders are common where property is damaged.
Frequently asked questions
Yes. It is an offence under the Criminal Damage Act 1971 and a conviction or caution is recorded. Minor damage may be dealt with by fine or compensation.
A belief that the owner would have consented, or that the property needed to be destroyed or damaged immediately to protect life or prevent greater damage, can amount to a lawful excuse.
Up to 10 years on indictment where life is not endangered, and life imprisonment where the damage is reckless as to endangering life.