If you have been charged with criminal damage or arson offences, it is important to seek advice from our criminal law team, who can provide legal guidance and representation throughout your case. The team at Garratts Solicitors are experienced criminal defence solicitors who offer 24-hour emergency legal assistance for anyone facing charges of criminal damage or arson charges in England and Wales. Contact us today on 0161 344 2244, request a callback or use our 24-hour emergency line: 07971 163241.
What is understood by arson and criminal damage?
Arson is a criminal offence where someone intentionally sets fire to property belonging to another person or their own property if they wish to defraud an insurer. Criminal damage covers any intentional or reckless destruction of another individual's property without their permission.
Can I be arrested for arson and/or criminal damage?
Yes, both arson and criminal damage are serious offences that can result in someone being arrested.
What evidence is needed for criminal damage?
The prosecution must prove that the accused intended to cause criminal damage or was reckless in how they caused it. Consequently, evidence of an intention to cause criminal damage can be presented as part of a case.
What evidence is needed for arson?
For an arson conviction, the prosecution must be able to prove that a suspect started a fire deliberately and with criminal intent. If evidence of planning or premeditation can be found, this will also help the prosecution in their case.
Who pays for criminal damage?
In the majority of cases, it is the person responsible for the criminal damage who will be liable to pay for any repairs or losses incurred.
What are lawful excuses for criminal damage-related crimes?
The defendant has a lawful excuse for criminal damage if the offending can be attributed to one of the following:
- The defendant believed the damage was necessary to protect themselves or another person through means of reasonable force.
- The damage was done in response to a situation during which the defendant believed the property required protection.
- The defendant was under the impression that the owner had given their permission or would have given their permission under the known circumstances.
What are the sentences for crimes involving arson and/or criminal damage?
The Sentencing Council issues the following guidelines on sentencing for arson and criminal damage:
Arson - criminal damage by fire (Criminal Damage Act 1971, s.1(1) and (3))
- The maximum penalty for arson as criminal damage by fire is life imprisonment. Arson is triable either way, meaning it can be heard in the Magistrates’ or Crown Court.
Arson - criminal damage with intent to endanger life and reckless as to whether life is endangered (Criminal Damage Act 1971, s.1(2) and (3))
- The maximum penalty for arson as criminal damage with intent to endanger life is life imprisonment. It is triable on indictment, meaning it must be heard in the Crown Court.
Criminal damage (other than by fire) value exceeding £5,000 (Crime and Disorder Act 1998, s.30, Criminal Damage Act 1971, s.1(1))
- The maximum penalty for criminal damage other than by fire is 10 years' custody. It is triable either way, meaning it can be heard in the Magistrates’ or Crown Court.
Criminal damage (other than by fire) value not exceeding £5,000 (Crime and Disorder Act 1998, s.30, Criminal Damage Act 1971, s.1(1))
- The maximum penalty for criminal damage other than by fire is a level 4 fine (up to £2,500) and/or 3 months' custody. It is triable either way, but most criminal damages under £5000 are heard at the Magistrates’ Court.
Racially or religiously aggravated criminal damage (Crime and Disorder Act 1998, s.30, Criminal Damage Act 1971, s.1(1))
- The maximum penalty for racially or religiously aggravated criminal damage is 14 years' custody. It is triable either way.
Threats to destroy or damage property (Criminal Damage Act 1971, s.2)
- The maximum penalty for threats to destroy or damage property is 10 years' custody. It is triable either way, meaning it can be heard in the Magistrates’ or Crown Court.
