All Acts
Criminal Damage· 1971
CDA 1971
Criminal Damage Act 1971
Covers destroying or damaging property belonging to another, including aggravated criminal damage (endangering life), arson, and threats to destroy or damage.
Self-test
Sections
Section 1(1) — Simple criminal damage
Without lawful excuse, destroy or damage any property belonging to another, intending to do so or being reckless as to whether it is destroyed/damaged.
Key points
- Either-way — max 10 years on indictment; summary only if value ≤ £5,000 (max 3 months / level 4).
- Damage = any temporary or permanent reduction in value or usefulness (graffiti, scratching paint, deflating tyres).
- Lawful excuses: belief in owner's consent (s.5(2)(a)) or protection of property (s.5(2)(b)).
Section 1(2) — Aggravated criminal damage (endangering life)
Criminal damage with intent or recklessness as to endangering the life of another by the damage.
Key points
- Indictable only — max LIFE imprisonment.
- Life endangered must be endangered BY THE DAMAGE itself, not by the act causing the damage.
Section 1(3) — Arson
Criminal damage by FIRE. Charged as 'arson' rather than criminal damage.
Key points
- Indictable only — max LIFE imprisonment.
- Simple arson if no life endangered; aggravated (s.1(2)+(3)) if life endangered.
Section 2 — Threats to destroy or damage property
Without lawful excuse, threaten to destroy or damage property of another (or own property in a way endangering life), intending the other to fear the threat will be carried out.
Key points
- Either-way — max 10 years on indictment.