Elements of Criminal Damage
Criminal damage is committed where a person intentionally or recklessly destroys or damages property belonging to another without lawful excuse. The charge brought depends primarily on the value of the damage. Recklessness is established where the defendant was aware of a risk that their conduct would cause damage and it was unreasonable to take that risk.
A person has a lawful excuse where they honestly believed they had the consent of the owner, or where they damaged property to protect other property and honestly believed the means used were reasonable. The test is subjective — the defendant's honest belief is what matters.
Arson
Arson is criminal damage by fire, charged under section 1(3) of the Criminal Damage Act 1971. It is indictable only, tried exclusively in the Crown Court, and carries a maximum sentence of life imprisonment. Where arson is committed with intent to endanger life, or with recklessness as to whether life would be endangered, it is treated as an aggravated offence.
Criminal Damage Sentencing
| Offence | Court | Maximum |
|---|---|---|
| Criminal damage (£5,000 or under) | Magistrates' | 3 months |
| Criminal damage (over £5,000) | Either way | 10 years |
| Criminal damage with intent to endanger life | Crown only | Life |
| Arson | Crown only | Life |
Public Order Offences
Public order offences are primarily governed by the Public Order Act 1986. The Act creates a hierarchy from riot (12+ persons, maximum ten years) through violent disorder (3+ persons, maximum five years) and affray (a single person, maximum three years) down to threatening behaviour (section 4, six months) and harassment, alarm or distress (section 5, fine only). Where section 5 conduct is racially or religiously aggravated, it is charged under section 31 of the Crime and Disorder Act 1998 and carries a maximum of two years' imprisonment.
Public Order Sentencing
| Offence | Section | Maximum |
|---|---|---|
| Riot | s.1 POA 1986 | 10 years |
| Violent disorder | s.2 POA 1986 | 5 years |
| Affray | s.3 POA 1986 | 3 years |
| Threatening behaviour | s.4 POA 1986 | 6 months |
| Harassment, alarm or distress | s.5 POA 1986 | Fine only |
| Racially / religiously aggravated s.5 | s.31 CDA 1998 | 2 years |
What to Do if You Are Arrested or Under Investigation
These offences frequently arise from chaotic situations where the police may have limited information about individual conduct. The charges ultimately brought can depend heavily on what is said at interview. Early specialist advice ensures your position is protected and that representations about the appropriate charge — or whether a prosecution should be brought at all — are made promptly on your behalf.