The offences of Arson, Damaging Property and Recklessness
Adam Law Solicitors offer expert legal advice for anyone facing, or worried about facing, prosecution for Arson. We have a dedicated criminal defence team who have many years experience of all charges of criminal activity.
If you are concerned you may be facing charges for arson, or are already facing charges, it is essential you contact us as quickly as possible. Phone us now on 0114 256 0111, or email us or use the form on this page.
What is the offence of Arson?
Where property is destroyed or damaged by fire, arson is committed under Section 1(3) of Criminal Damage Act 1971:
Damaging Property/Arson with Intent to Endanger Life/Recklessness
Section 1(2) of the Criminal Damage Act makes it an offence to destroy or damage property intending thereby to endanger the life of another, or being reckless as to whether the life of another would thereby be endangered.
If you are concerned you may be facing charges for arson, or are already facing charges, it is essential you contact us as quickly as possible. Phone us now on 0114 256 0111, or email us or use the form on this page.
- If the damage is committed by fire, the offence is charged as arson with intent or being reckless as to whether the life of another would be thereby endangered.
- A defendant may be guilty, either if he intended to endanger life by damage, or was reckless that life would be endangered by the damage.
- Thus, those who drop objects on a moving train or railway line, or throw missiles at or ram police cars may be properly convicted of an offence under Section 1(2) of the Act.
- If the intent is to break the windscreen or window, a jury is entitled to infer that there was an intent to shower the driver or passengers with glass and that as a result of being so showered, control could be lost, thereby endangering life. The danger would be caused, and intended to be caused, by the broken glass.
For offences involving “simple arson” the property of another must be damaged. For the aggravated offence in Section 1(2), it can be any property, including the defendant’s own.
This article is based on public sector information licensed under the Open Government Licence v2.0. The original information can be found here; https://www.cps.gov.uk/legal-guidance/public-order-offences-incorporating-charging-standard