Arson


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Corporate Crime expert
Practice notes

Arson


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Corporate Crime expert

Practice notes
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Arson

Damage to property caused by fire is charged as arson. A person who without lawful excuse destroys or damages any property belonging to another by fire, 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 the offence of arson under section 1(3) of the Criminal damage Act 1971 (CDA 1971).

For information on criminal damage, see Practice Note: Criminal damage.

In R v Booth arson was not specified in the charge and the court ruled the Indictment a nullity. The court revisited this issue in R v Drayton, ruling that the allegation must at least be identified as 'damage by fire' so that the defendant has no doubt that the allegation is one of fire damage, which has a more severe Penalty than other simple criminal damage.

Simple arson, where life is not endangered, is Triable either way. Where the criminal damage forming the basis of the charge is 'significant damage by fire' then a Crown Court trial is appropriate but summary

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Indictment definition
What does Indictment mean?

The indictment consists of the charge or charges preferred against the defendant by the prosecution once the case is begun.

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