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Arson

s.1(1) and (3)Criminal Damage Act 1971

Without lawful excuse, destroying or damaging property belonging to another by fire, intending to or being reckless as to whether it would be destroyed or damaged.

Arson · Criminal Damage Act 1971, s.1(1) and (3)Card 22 / 85

Points to prove

Without lawful excuse
Destroyed or damaged
By fire
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

Key definitions

Arson – s.1(3): an offence under s.1 committed by destroying or damaging property by fire must be charged as arson.
Property – s.10(1): property of a tangible nature, real or personal, including money. It excludes wild mushrooms and the flowers, fruit or foliage of plants growing wild.
Belonging to another – s.10(2): anyone who has custody or control of it, a proprietary right or interest in it, or a charge on it.
Reckless – the defendant was aware of a risk that the property would be destroyed or damaged, and it was unreasonable to take that risk in the circumstances known to them (R v G 2003).

Defences

Lawful excuse – s.5(2): the defendant believed the person entitled to consent had consented or would have consented, or acted to protect property they believed was in immediate need of protection by means they believed were reasonable. Under s.5(3) the belief only has to be honestly held, not justified.

Good to know

Arson is either way whatever the value of the damage. The £5,000 rule in Sch 2 to the Magistrates’ Courts Act 1980 expressly excludes damage by fire.
The maximum is life (s.4(1)), compared with 10 years for simple criminal damage.
Setting fire to your own property is not arson under s.1(1). It is only an offence if it falls under s.1(2), where life is endangered.
Arson with intent or recklessness as to endangering life is charged under s.1(2) and (3). It is indictable only.

Legislation: Criminal Damage Act 1971, s.1(1) and (3) (opens legislation.gov.uk in a new tab)
Mode of trial: Either way (the £5,000 damage threshold does not apply to arson)
Maximum penalty: Life imprisonment (on indictment); 12 months' imprisonment and/or a fine (summary)