Criminal Damage Act 1971

Question 1

Criminal Damage, s1 CDA.

Answer 1

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.

1(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.

Under 5000 = SUM 3 months
Over 5000 = SUM 6 months, INDI 10 years
Life endangered = life imprisonment
Arson = Either way = SUM 6 months, INDI life imprisonment

Question 2

Threats to destroy or damage property, s2 CDA.

Answer 2

2 A person who without lawful excuse makes to another a threat, intending that the 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 way which he knows is likely to endanger the life of that other or a third person;

shall be guilty of an offence.

Either way = SUM 6 months, INDI = 10 years

Question 3

Possessing anything with intent to destroy or damage property, s3 CDA.

Answer 3

3. 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.

Either way = SUM 6 months, INDI = 10 years