Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Criminal damage definition

What does Criminal damage mean? In practice, criminal damage refers to destroying or damaging property without a lawful (or reasonable) excuse, done intentionally or recklessly. In England and Wales, the offence is defined by the Criminal Damage Act 1971 and covers basic criminal damage (including temporary impairment of value or usefulness), aggravated criminal damage where there is intent or recklessness as to endangering life (whether or not life is actually endangered), and arson (damage by fire). lawful excuse typically includes consent and reasonable belief that damage is necessary to protect property. Northern Ireland adopts substantially the same approach under the Criminal Damage (Northern Ireland) Order...

Criminal Damage (England and Wales): Elements, Lawful Excuse, Recklessness, Aggravated Offence, Memorials, Mode of Trial and Sentencing

Published by a LexisNexis Corporate Crime expert

Practice notes

General

Simple Criminal damage is an either-way matter unless the alleged loss is £5,000 or below, in which case it is to be dealt with as summary-only. If the harm was caused by fire, or the racially aggravated variant is charged, it remains either-way even where the value falls under £5,000. Likewise, if the Defendant faces two or more counts of the same or a similar kind and their combined value tops £5,000, the case is treated as either-way.

Where the damage exceeds £5,000, such cases are ordinarily heard summarily unless the court considers any of these aggravating aspects apply and its powers would be inadequate:

intentional fire-setting
commission by a group
damage of particularly high value
clear racial motivation

The Magistrates’ Court Sentencing Guidelines indicate that the Crown Court could be the proper forum where the value is above £10,000. Section 50 of the Police, Crime, Sentencing and Courts Act 2022 (PCSCA 2022) strengthens the...

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Web page updated on 21/05/2026

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