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Possessing anything with intent to destroy or damage property

s.3Criminal Damage Act 1971

Having anything in your custody or under your control, intending without lawful excuse to use it, or let someone else use it, to destroy or damage property.

Possessing anything with intent to destroy or damage property · Criminal Damage Act 1971, s.3Card 25 / 85

Points to prove

Had anything in their custody or under their control
Intending without lawful excuse
To use it, or cause or permit another to use it
To destroy or damage property belonging to some other person, or to destroy or damage their own or the user's property in a way they know is likely to endanger the life of some other person

Key definitions

Anything – no limit on the item. It can be an ordinary object, such as a spray can, a lighter or a hammer.
Custody or control – the item does not have to be on the person. Control is enough.
Property – s.10(1): property of a tangible nature, real or personal, including money.
Belonging to – s.10(2): anyone who has custody or control of it, a proprietary right or interest in it, or a charge on it.

Defences

Lawful excuse – s.5(2) (belief in consent, or protecting property) applies where the intended damage is to another person’s property. It does not apply where the intent is to damage property in a way the defendant knows is likely to endanger life (s.5(1)).

Good to know

The key element is intent. Possession of an ordinary item is not an offence without proof of intention to use it to destroy or damage property.
The intended use can be by the defendant or by someone they cause or permit to use it.
The intended damage does not have to happen, or be about to happen. Once the item is held with that intent, the offence is complete.

Legislation: Criminal Damage Act 1971, s.3 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 10 years' imprisonment (on indictment); 12 months' imprisonment and/or a fine (summary)