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Threats to destroy or damage property

s.2Criminal Damage Act 1971

Without lawful excuse, threatening someone that you will destroy or damage property, intending them to fear the threat will be carried out.

Threats to destroy or damage property · Criminal Damage Act 1971, s.2Card 24 / 85

Points to prove

Without lawful excuse
Made to another a threat
To destroy or damage property belonging to that other or a third person, or to destroy or damage their own property in a way they know is likely to endanger the life of that other or a third person
Intending that the other would fear it would be carried out

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.
Intending that the other would fear – the offence is complete when the threat is made with that intention. The victim does not have to actually fear it.

Lawful excuse – s.5(2) (belief in consent, or protecting property) applies to threats under s.2(a), to damage property belonging to another. It does not apply to a threat to damage property in a way the defendant knows is likely to endanger life (s.5(1)).

The Act does not limit how the threat is made. It can be spoken or written.
The threat need not be to damage the victim’s own property. A threat to damage a third person’s property is enough.
A threat to damage your own property is only covered where you know it is likely to endanger the life of the person threatened or a third person.
Mental element: the defendant must intend the victim to fear the threat will be carried out. Recklessness is not enough.

Legislation: Criminal Damage Act 1971, s.2 (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)