Criminal Damage with Intent to Endanger Life (Section 1(2) Criminal Damage Act 1971)

Criminal Damage with Intent to Endanger Life is an offence under s.1(2) Criminal Damage Act 1971. A person who without lawful excuse destroys or damages any property, whether belonging to himself or another, intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged, and 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, is guilty of an offence (s.1(2)). The endangering of life must come by the destruction or damage itself. Where the property is destroyed or damaged by fire the offence is charged as arson (s.1(3)). Maximum sentence: on conviction on indictment, imprisonment for life (s.4(1)).

In practice

This is an indictable-only offence: it must be tried at the Crown Court. The charging decision rests with the CPS (not police). Officers should secure the scene for forensic examination (fingerprints, DNA, toolmarks, accelerant traces if fire is involved). The key evidential distinction from simple criminal damage (s.1(1)) is the intent or recklessness as to endangering life. Consider whether arson charges are more appropriate if fire was involved. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or visually recorded (Code F).