What is the maximum sentence for criminal damage?

Basic criminal damage: 10 years' imprisonment on conviction on indictment (s.4(2) Criminal Damage Act 1971) — or, for low-value (≤£5,000) s.1(1) damage tried summarily under Magistrates' Courts Act 1980 s.22, a maximum of 3 months and/or a level 4 fine (capped by s.33). Damage with intent to endanger life (s.1(2)) and arson (s.1(3)): life imprisonment (s.4(1)).

Criminal Damage

The offences of criminal damage under s.1 Criminal Damage Act 1971 — basic damage, damage endangering life, and arson — the statutory elements (points to prove) reproduced verbatim, mode of trial and maximum sentence for each, and the arrest and search powers, for frontline officers.

Unofficial independent resource — always verify with official sources (College of Policing, your force, PFEW).

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Last reviewed: 27 August 2026 · Next review due: 27 February 2027

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What are the points to prove and the maximum sentence for criminal damage under s.1 Criminal Damage Act 1971?

s.1 Criminal Damage Act 1971 covers three offences: basic criminal damage (s.1(1)), criminal damage with intent to endanger life or reckless as to whether life is endangered (s.1(2)), and arson (s.1(3) — any s.1 offence committed by fire). Each has its own statutory definitions of 'without lawful excuse' (s.5) and 'property' (s.10), reproduced verbatim below.

Basic criminal damage (s.1(1)) is triable either way, maximum 10 years on indictment (s.4(2)) — but where the only charge is simple s.1(1) damage and the value does not exceed £5,000, Magistrates' Courts Act 1980 s.22 makes it triable summary-only, and s.33 caps the summary penalty at 3 months and/or a level 4 fine. Endangering life (s.1(2)) is indictable-only, and arson (s.1(3)) is indictable-only where life is endangered — both carry a maximum of life imprisonment (s.4(1)).

All offence cards

s.1 Criminal Damage Act 1971 creates three separate offences: basic criminal damage (s.1(1)), destroying or damaging property with intent to endanger life or being reckless as to whether life is endangered (s.1(2)), and arson (s.1(3) — any s.1 offence committed by fire must be charged as arson). Each carries a different mode of trial and maximum sentence, set out in s.4, reproduced verbatim below alongside the elements. It is educational reference, not a charging decision — verify against current law, CPS charging guidance and force policy.

Offence

s.1 Criminal Damage Act 1971

Mode of trial

Basic (s.1(1)): either way — summary-only (max 3 months) if value ≤ £5,000. Endangering life (s.1(2)): indictable-only. Arson (s.1(3)): either way, but indictable-only where life is endangered.

Maximum sentence

Basic criminal damage: 10 years on indictment (s.4(2)). Endangering life (s.1(2)) and arson: life imprisonment (s.4(1)).

Points to prove — statutory elements

Reproduced verbatim from the Act as published on legislation.gov.uk. These are the statutory elements, not a paraphrase — confirm the up-to-date text and any amendments at the source.

s.1 — Destroying or damaging property.the offence — basic, endangering life, arson

(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.

(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.

(3) An offence committed under this section by destroying or damaging property by fire shall be charged as arson.

Read s.1 on legislation.gov.uk

s.5 — “Without lawful excuse.”without lawful excuse

(1) This section applies to any offence under section 1(1) above and any offence under section 2 or 3 above other than one involving a threat by the person charged to destroy or damage property in a way which he knows is likely to endanger the life of another or involving an intent by the person charged to use or cause or permit the use of something in his custody or under his control so to destroy or damage property.

(2) A person charged with an offence to which this section applies, shall, whether or not he would be treated for the purposes of this Act as having a lawful excuse apart from this subsection, be treated for those purposes as having a lawful excuse—

(a) if at the time of the act or acts alleged to constitute the offence he believed that the person or persons whom he believed to be entitled to consent to the destruction of or damage to the property in question had so consented, or would have so consented to it if he or they had known of the destruction or damage and its circumstances; or

(b) if he destroyed or damaged or threatened to destroy or damage the property in question or, in the case of a charge of an offence under section 3 above, intended to use or cause or permit the use of something to destroy or damage it, in order to protect property belonging to himself or another or a right or interest in property which was or which he believed to be vested in himself or another, and at the time of the act or acts alleged to constitute the offence he believed—

(i) that the property, right or interest was in immediate need of protection; and

(ii) that the means of protection adopted or proposed to be adopted were or would be reasonable having regard to all the circumstances.

(3) For the purposes of this section it is immaterial whether a belief is justified or not if it is honestly held.

(4) For the purposes of subsection (2) above a right or interest in property includes any right or privilege in or over land, whether created by grant, licence or otherwise.

(5) This section shall not be construed as casting doubt on any defence recognised by law as a defence to criminal charges.

Read s.5 on legislation.gov.uk

s.10 — Interpretation.meaning of property

(1) In this Act “property” means property of a tangible nature, whether real or personal, including money and—

(a) including wild creatures which have been tamed or are ordinarily kept in captivity, and any other wild creatures or their carcasses if, but only if, they have been reduced into possession which has not been lost or abandoned or are in the course of being reduced into possession; but

(b) not including mushrooms growing wild on any land or flowers, fruit or foliage of a plant growing wild on any land.

For the purposes of this subsection “mushroom” includes any fungus and “plant” includes any shrub or tree.

(2) Property shall be treated for the purposes of this Act as belonging to any person—

(a) having the custody or control of it;

(b) having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest); or

(3) Where property is subject to a trust, the persons to whom it belongs shall be so treated as including any person having a right to enforce the trust.

(4) Property of a corporation sole shall be so treated as belonging to the corporation notwithstanding a vacancy in the corporation.

(5) For the purposes of this Act a modification of the contents of a computer shall not be regarded as damaging any computer or computer storage medium unless its effect on that computer or computer storage medium impairs its physical condition.

Read s.10 on legislation.gov.uk

Powers of arrest & search

Arrest without warrants.24

A constable may arrest without warrant anyone whom they have reasonable grounds to suspect of committing criminal damage, where an arrest is necessary on one of the s.24(5) grounds (PACE 1984 s.24).

Code of Practice: PACE Code G — arrest →

Stop and searchs.1

PACE 1984 s.1 allows a constable with reasonable grounds to suspect they will find a prohibited article to stop and search a person or vehicle. This includes an article made, adapted or intended for use in criminal damage — a prohibited article under s.1(7)(b), because s.1(8)(e) lists an offence under s.1 Criminal Damage Act 1971. GOWISELY applies.

Code of Practice: PACE Code A — stop and search →

Search on arrests.32

On arrest away from a police station, PACE 1984 s.32 allows a search of the arrested person for anything that might be evidence of the offence, where there are reasonable grounds.

Code of Practice: PACE Code B — search of premises →

Criminal damage (value ≤ £5,000) — Sentencing Council guideline (one variant)

s.1 creates three offences with different modes and maxima — do not treat 'criminal damage' as a single offence: basic damage (s.1(1)), damage with intent to endanger life or reckless as to whether life is endangered (s.1(2)), and arson (s.1(3)).
Damage caused by fire under any s.1 offence must be charged as arson (s.1(3)) — it is not charged as basic criminal damage even where the value is low.
For basic criminal damage (s.1(1)) only, the £5,000 value threshold changes the mode of trial and maximum sentence: at or below £5,000 Magistrates' Courts Act 1980 s.22 makes it summary-only, with the penalty capped by s.33 at 3 months / level 4 fine; above £5,000 it is either way (max 10 years on indictment). This value threshold does not apply to s.1(2) or arson.

Frequently asked

What are the three criminal damage offences under s.1 Criminal Damage Act 1971?: Basic criminal damage (s.1(1)), destroying or damaging property with intent to endanger life or being reckless as to whether life is endangered (s.1(2)), and arson (s.1(3) — any s.1 offence committed by fire, which must be charged as arson). Each has a different mode of trial and maximum sentence.
Is criminal damage triable either way?: Basic criminal damage (s.1(1)) is triable either way, unless the only charge is simple s.1(1) damage and the value does not exceed £5,000, in which case Magistrates' Courts Act 1980 s.22 makes it triable summary-only. Damage with intent to endanger life (s.1(2)) is indictable-only. Arson (s.1(3)) is triable either way, but indictable-only where life is endangered.
What is the maximum sentence for criminal damage?: Basic criminal damage: 10 years' imprisonment on conviction on indictment (s.4(2) Criminal Damage Act 1971) — or, for low-value (≤£5,000) s.1(1) damage tried summarily under Magistrates' Courts Act 1980 s.22, a maximum of 3 months and/or a level 4 fine (capped by s.33). Damage with intent to endanger life (s.1(2)) and arson (s.1(3)): life imprisonment (s.4(1)).