Criminal Damage Act 1971
| Jurisdiction | UK Non-devolved |
| Citation | 1971 c. 48 |
| Year | 1971 |
(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.intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged; andintending 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;(3) An offence committed under this section by destroying or damaging property by fire shall be charged as arson.(a) to destroy or damage any property belonging to that other or a third person; or(b) to destroy or damage his own property in a way which he knows is likely to endanger the life of that other or third person;(a) to destroy or damage any property belonging to some other person; or(b) to destroy or damage his own or the user’s property in a way which he knows is likely to endanger the life of some other person;(1) A person guilty of arson under section 1 above or of an offence under section 1(2) above (whether arson or not) shall on conviction on indictment be liable to imprisonment for life.(2) A person guilty of any other offence under this Act shall on conviction on indictment be liable to imprisonment for a term not exceeding ten years.(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.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; orthat the property, right or interest was in immediate need of protection; andthat 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.to destroy or damage property belonging to another; orto destroy or damage any property in a way likely to endanger the life of another,(2) A constable who is authorised under this section to search premises for anything, may enter (if need be by force) and search the premises accordingly and may seize anything which he believes to have been used or to be intended to be used as aforesaid.(3) The (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) No rule of law ousting the jurisdiction of magistrates’ courts to try offences where a dispute of title to property is involved shall preclude magistrates’ courts from trying offences under this Act, or any other offences of destroying or damaging property.(a) from answering any question put to that person in proceedings for the recovery or administration of any property, for the execution of any trust or for an account of any property or dealings with property; or(b) from complying with any order made in any such proceedings;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; butnot including mushrooms growing wild on any land or flowers, fruit or foliage of a plant growing wild on any land.
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