Criminal Damage

Question 1

What is the offence Section 1 (1) Criminal Damage Act 1971?

Answer 1

Any person is guilty of an offence who without lawful excuse, destroys or damages property belonging to another OR intended to do so and being reckless in doing so.

Question 2

What type if offence is Section 1 (1) Criminal Damage Act 1971?

Answer 2

Either-way offence,
10 years
(Summary only if the value is below £5000)

Question 3

What is not included in property for criminal damage?

Answer 3

Not flowers or plants growing on any land.
However, land itself can be damaged e.g. by dumping waste on it

Question 4

What is meant by the offence Section 1 (2) aggravated damage?

Answer 4

A person is guilty if without lawful excuse destroys or damages any property whether belonging to themselves or another AND intending by the damage endangers the life of another or being reckless so the life of another would be endangered.

Question 5

What type of offence is Section 1 (2) aggravated damage?

Answer 5

Indictable only,
Life
(defences to not apply here)

Question 6

What is an example of Section 1 (2) aggravated damage?

Answer 6

Damaging a car windscreen and it endangers the life of another

Question 7

What is meant by the offence Section 1 (3) Arson - criminal damage?

Answer 7

Any offence committed under the criminal damage act of destroying or damaging property by fire.

Question 8

What type of offence is Section 1 (3) Arson - criminal damage?

Answer 8

Either-way offence,
Life - if life is endangered
6 months / fine if life is not endangered