The Criminal Damage Act 1971 protects property from being destroyed or damaged, and it is part of the offences against property in Paper 2 of the 2026–2028 Cambridge A Level Law 9084 syllabus. The syllabus covers sections 1–5, including the important “lawful excuse” defence.
Section 1(1): Basic Criminal Damage
“A person who without lawful excuse destroys or damages any 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 shall be guilty of an offence.”
Actus reus
- Destroys or damages – damage need not be permanent. It is a matter of fact and degree: spitting on a police officer’s raincoat that could be wiped clean was not damage (A (a juvenile) v R (1978)), but water-soluble paint on a pavement that required cleaning was (Hardman v Chief Constable of Avon and Somerset (1986)). Damage can also mean impairing usefulness (Morphitis v Salmon (1990)).
- Property – tangible property, real or personal, including land and domesticated animals.
- Belonging to another – you cannot commit basic criminal damage to your own property (R v Smith (1974), tenant damaging fittings he had installed and genuinely believed were his).
Mens rea
Intention or subjective recklessness as to destroying or damaging property belonging to another. Since R v G and another (2003), recklessness means the defendant was aware of a risk and it was unreasonable to take it – overruling the objective test in MPC v Caldwell (1982).
Section 1(2): Aggravated Criminal Damage
Destroying or damaging property (which can include the defendant’s own) intending or being reckless as to the damage and intending or being reckless as to whether life would thereby be endangered. The danger must come from the damage itself, not the act causing it (R v Steer (1987)).
Section 1(3): Arson
Criminal damage committed by fire is charged as arson.
Section 2: Threats to Destroy or Damage Property
Making a threat, without lawful excuse, to destroy or damage another’s property (or one’s own in a way likely to endanger life), intending the other person to fear it would be carried out. The threat does not need to be carried out.
Section 3: Possessing Anything With Intent
Having anything in your custody or control intending to use it (or cause or permit another to use it) to destroy or damage property without lawful excuse – for example, carrying a can of spray paint intending to graffiti a wall.
Section 4: Sentencing
- Basic criminal damage: maximum 10 years (in practice, lower-value damage is dealt with summarily).
- Aggravated criminal damage and arson: maximum life imprisonment.
Section 5: The Lawful Excuse Defence
Section 5 applies to the basic offence (not to aggravated criminal damage). A defendant has a lawful excuse if:
- s5(2)(a) – they believed the owner (or person entitled to consent) had consented or would have consented had they known the circumstances (Jaggard v Dickinson (1980) – belief can be honest even if caused by intoxication).
- s5(2)(b) – they damaged the property to protect other property which they believed was in immediate need of protection, and believed the means used were reasonable. Courts apply an objective element to whether the act was done “in order to protect” property (R v Hunt (1977); R v Hill and Hall (1989)).
Under s5(3), it is immaterial whether the belief is justified, provided it is honestly held.
For essays on recklessness, revisit the general elements of a crime – our guide to criminal law revision covers actus reus and mens rea.
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Frequently Asked Questions
Is recklessness in criminal damage objective or subjective?
Subjective, following R v G (2003): the defendant must have foreseen the risk of damage.
Can you be guilty of criminal damage to your own property?
Not for the basic offence, which requires property belonging to another. You can, however, commit aggravated criminal damage to your own property if life is endangered.
Does lawful excuse apply to aggravated criminal damage?
No. The s5 defence applies only to the basic offence under s1(1) and to ss2–3 where they do not involve endangering life.
Final Thought
Criminal damage looks simple, but examiners reward precise use of the “damage” cases, R v G on recklessness, and s5 lawful excuse. Learn those three pillars and you will be well prepared.