Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Indictment definition

What does Indictment mean? An indictment is the formal document that sets out the offences for which a defendant will be tried in the higher criminal courts (trial on indictment), and it defines the basis for arraignment, the conduct of the trial and the verdict. It contains one or more counts (England & Wales and Northern Ireland) or charges (Scotland and Ireland), each stating the offence and the particulars of the alleged conduct. It may join multiple defendants and offences where the rules on joinder are met. After a case is sent or committed for trial, the prosecution prepares the indictment and it is...

Arson under the Criminal Damage Act 1971: elements, defences, aggravated arson, mode of trial and sentencing (England and Wales)

Published by a LexisNexis Corporate Crime expert

Practice notes

Damage to property caused by fire is charged as arson

A person who, without lawful excuse, destroys or harms another’s property by fire, intending that outcome or being reckless as to whether it occurs, commits arson under section 1(3) of the Criminal damage Act 1971 (CDA 1971). For guidance on criminal damage generally, see Practice Note: Criminal damage. In R v Booth, the omission of any reference to arson in the particulars led the court to treat the Indictment as a nullity. The point was considered again in R v Drayton, where the court held that the allegation must, at the very least, be identified as ‘damage by fire’, ensuring the defendant is in no doubt that fire damage is alleged, an accusation carrying a harsher sentence than straightforward criminal damage. This is because arson attracts sterner penalties than simple criminal damage, by clear comparison. Simple arson, where no risk to life is alleged, is an either-way offence. Where the damage relied upon amounts to ‘significant damage by fire’, a trial in the Crown Court is apt, although summary trial can be suitable in other circumstances...

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Web page updated on 21/05/2026

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