Criminal Damage

Question 1

When was the Criminal Damage Act officially published?

Answer 1

1971

Question 2

What section defines CD?

Define CD

Answer 2

Section 1 (1)

‘A person who without lawful excuse destroys or damages any property belonging to
another intending to destroy or damage any such property or being reckless as to whether
any such property would be destroyed or damaged shall be guilty of an offence.’

CD includes instances where damage is minor but property is no longer fit for purpose and cannot be repaired.

Question 3

What do we need to know, understand, and provide evidence for when charging for CD?

Answer 3

The following elements of the offence:
•	Without lawful excuse
•	Destroys or damages
•	Property
•	Belonging to another
•	Intention to destroy or damage, or
•	Being reckless

Question 4

What type of offence is CD and what are the sentences?

Answer 4

• Triable either way
• 6 months’ imprisonment and/or a fine summarily (if value of property damage is less than £5000 – does not apply to e.g. arson)
• 10 years’ imprisonment on indictment

Question 5

When does CD become an ‘aggravated’ offence?

Answer 5

If the motive has racial or religious connotations

Question 6

What type of offence is aggravated CD and what are the sentences?

Answer 6

This allows scope for greater punishment, provided for by section 30(1) Crime and Disorder Act 1998:
• Triable either way
• 14-years’ imprisonment and/or a fine on indictment
• 6-months’ imprisonment and/or a fine summarily

Question 7

When can the offence be dealt with by way of fixed penalty notice?

Answer 7

Where the damage caused is less than £300

Question 8

What section of the CDA 1971 defines property?

Answer 8

Section 10 (1)

Question 9

Define property

Answer 9

(1) In this Act ‘Property’ means property of a tangible nature, whether real or personal, including money and:
(a) including wild creatures which have been tamed or are ordinarily kept in captivity and any other wild creatures or their carcasses if, but only if, they have been reduced into possession . . . or are in the course of being reduced into possession; but
(b) not including mushrooms growing wild on any land or flowers, fruit or foliage of a plant growing wild on any land.

Question 10

What section defines Belonging to Another?

Define Belonging to Another

Answer 10

Section 10(2) states:

(2) Property shall be treated for the purposes of this Act as belonging to any person:
(a) having the custody or control of it;
(b) having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest); or
(c) having a charge on it.

If a person damages their own property, they may still commit the offence of simple criminal damage if that property also ‘belongs to’ someone else e.g. a joint house.

Question 11

State and explain what section of the CDA provides for two occasions where a defendant may have a ‘Lawful excuse’

Answer 11

Section 5 of the Criminal Damage Act 1971

These can be remembered as ‘Permission’ (s. 5(2)(a)) and ‘protection’ (s. 5(2)(b)).

Both involve the belief of the defendant.

Question 12

Explain permission

Answer 12

A person shall be treated as having lawful excuse under section 5(2). If it was believed that they had permission/ consent from the owner to carry out the relevant acts.

Would provide a statutory defence to any later charge of criminal damage by the owner. The key element here would be that you believed you had the consent of the owner.

Question 13

Explain protection

Answer 13

A person shall be treated as having lawful excuse under section 5(2). Property was in immediate need of protection by reasonable means under the circumstances.

Question 14

Explain belief

Answer 14

It is immaterial whether a ‘Belief’ was justified as long as it was honestly held (s. 5(3)). Evidence reviewed on a case by case basis

Question 15

State the section of legislation and explain Aggravated Damage

Answer 15

Section 1(2) Criminal Damage Act 1971

(2) A person who without lawful excuse destroys or damages any property, whether
belonging to himself or another—
(a) intending to destroy or damage any property or being reckless as to whether any
property would be destroyed or damaged; and
(b) intending by the destruction or damage to endanger the life of another or being
reckless as to whether the life of another would be thereby endangered; shall be guilty of an offence.

Question 16

What is an aggravating factor?

Answer 16

The intention of endangering life or recklessness as to whether life is endangered

Question 17

There is only necessity to prove what for aggravated damage?

Answer 17

There is only necessity to prove that the damage was caused intentionally or recklessly and that there was potential for another to be harmed as a result of the damage caused.

For this offence, the property can belong to another or the offender themself

The Crime and Disorder Act 1998 created a new offence of racially aggravated criminal damage.

Question 18

Define arson

State the section of legislation it is covered by

Answer 18

Is the destroying or damaging of property by fire

Covered under Section 1(3) Criminal Damage Act 1971

Question 19

Sentencing for arson

Answer 19

• Where life is not endangered 6-months’ imprisonment and/or a fine summarily
• Triable either way
• If life is endangered, life imprisonment on indictment

Question 20

What must there be for arson?

Answer 20

There must be an intent or an element of recklessness in relation to the use of fire.

Criminal liability for either gross negligence or unlawful act manslaughter may arise from an offence of arson.

Question 21

What is covered by section 2 of the CDA?

Answer 21

Threats to destroy or damage property

Question 22

What is stated under section 2?

Answer 22

A person who without lawful excuse makes to another a threat, intending that that other would fear it would be carried out:

(a) to destroy or damage any property belonging to that other or a third person; or
(b) to destroy or damage his own property in a way which he knows is likely to endanger the life of that other or a third person; shall be guilty of an offence.

The person who makes the threat must intend that the recipient will believe that the threat will be carried out.

Question 23

Sentencing for Threats to destroy or damage property

Answer 23

• Triable either way
• 10 years’ imprisonment on indictment
• 6-months’ imprisonment and/or a fine summarily

Question 24

What section of the CDA covers possessing articles with intent to destroy or damage property?

Answer 24

Section 3

Question 25

What is stated under section 3?

Answer 25

A person who has anything in his custody or under his control intending without lawful excuse to use it or cause or permit another to use it—

(a) to destroy or damage any property belonging to some other person; or
(b) to destroy or damage his own or the user’s property in a way which he knows is likely to endanger the life of some other person; shall be guilty of an offence.

Question 26

Sentencing for possessing articles with intent to destroy or damage property

Answer 26

• Triable either way
• 10 years’ imprisonment on indictment
• 6-months’ imprisonment and/or a fine summarily