Criminal Damage Act 1971

The statute creating the main criminal damage offences in England and Wales, replacing the Malicious Damage Act 1861. It creates the offences of criminal damage, aggravated criminal damage (with intent to endanger life), arson (criminal damage by fire), and aggravated arson. Criminal damage is a either-way offence; where the value is below a prescribed amount the defendant must be tried summarily.

Key Provisions

• Section 1(1): basic criminal damage offence (destroying or damaging property belonging to another without lawful excuse)
• Section 1(2): aggravated criminal damage (with intent to endanger life or being reckless as to whether life endangered)
• Section 1(3): arson (criminal damage by fire)
• Section 2: threats to destroy or damage property
• Section 3: possessing anything with intent to destroy or damage property
• Section 5: "lawful excuse" defence (belief in consent or protection of other property)

Relevance to Policing

The primary reference for criminal damage investigations and prosecutions, including the lawful excuse defence commonly raised in protest-related cases.