Threats to destroy or damage property

s.2 Criminal Damage Act 1971 · Triable either way

Sentencing framework

The guideline for sentencing offenders for threats to destroy or damage property structures the process by first assessing the offender's culpability and the harm done. Offenders are categorized based on these factors and assigned an appropriate starting point and sentence range. Various aggravating and mitigating factors influence the final sentence, aiming to ensure the punishment is appropriate for the specifics of each case.

Maximum sentence

10 years’ custody

Court

Triable either way

Offence range

Discharge – 4 years’ custody

Aggravating factors

·Previous convictions
·Offence committed whilst on bail
·Offence motivated by hostility based on victim characteristics
·Victim particularly vulnerable
·Offence committed in a domestic abuse context
·Threats made in the presence of children
·Commission of offence whilst under the influence of alcohol or drugs
·Failure to comply with current court orders
·Offence committed on licence or post sentence supervision
·Considerable damage threatened

Mitigating factors

·No previous convictions or no relevant/recent convictions
·Remorse
·Positive character and/or exemplary conduct
·Serious medical condition requiring urgent, intensive or long-term treatment
·Age and/or lack of maturity
·Sole or primary carer for dependent relatives
·Determination and/or demonstration of steps having been taken to address addiction or offending behaviour

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

Step 1 – Determining the offence category
Step 2 – Starting point and category range
Step 3 – Consider any factors which indicate a reduction, such as assistance to the prosecution
Step 4 – Reduction for guilty pleas
Step 5 – Totality principle
Step 6 – Compensation and ancillary orders
Step 7 – Reasons
Step 8 – Consideration for time spent on bail (tagged curfew)

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.