Criminal Damage Act 1991

Damaging property.

2

2. (1) A person who without lawful excuse damages any property belonging to another intending to damage any such property or being reckless as to whether any such property would be damaged shall be guilty of an offence.

(2) A person who without lawful excuse damages any property, whether belonging to himself or another—

( a) intending to damage any property or being reckless as to whether any property would be damaged, and

( b) intending by the damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered,

shall be guilty of an offence.

(3) A person who damages any property, whether belonging to himself or another, with intent to defraud shall be guilty of an offence.

(4) An offence committed under this section by damaging property by fire shall be charged as arson.

(5) A person guilty of an offence under this section shall be liable—

( a) on summary conviction, to a fine not exceeding £1,000 or imprisonment for a term not exceeding 12 months or both, and

( b) on conviction on indictment—

(i) in case the person is guilty of arson under subsection (1) or (3) or of an offence under subsection (2) (whether arson or not), to a fine or imprisonment for life or both, and

(ii) in case the person is guilty of any other offence under this section, to a fine not exceeding £10,000 or imprisonment for a term not exceeding 10 years or both.

(6) For the purposes of this section a person is reckless if he has foreseen that the particular kind of damage that in fact was done might be done and yet has gone on to take the risk of it.

Annotations:

Editorial Notes:

E1

Offence under subs. (2)(b) designated a “specified offence” (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 30 and sch. part 2 item 9, S.I. No. 163 of 2014.

E2

Offences under section occurring before 12.06.2017, in so far as they relate to data or a storage medium in which such data are kept, designated a “relevant offence” (9.08.2011) by Criminal Justice Act 2011 (22/2011), s. 3(1) and sch. 1 para. 30, S.I. No. 411 of 2011, as substituted (12.06.2017) by Criminal Justice (Offences Relating to Information Systems) Act 2017 (11/2017), s. 15, S.I. No. 249 of 2017.

E3

Offence of arson under subs. (1) or (3), or offence under subs. (2) designated a “relevant offence” (1.09.2010) by Criminal Procedure Act 2010 (27/2010), s. 7 and sch. item 20, S.I. No. 414 of 2010.

E4

Offence under section may be “terrorist activity” as provided (8.07.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 4 and sch. 2 part 1 para. 5, commenced on enactment.

E5

Offence under section may be offence of attack on an internationally protected person (including official premises, private accommodation and means of transport) as provided (8.07.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 11(1)(b) and sch. 6 part 2 item 6(a), commenced on enactment.

E6

Offence under section designated a “specified offence” (28.06.2000) by Criminal Justice (Safety of United Nations Workers) Act 2000 (16/2000), s. 3 and sch. 2 part 2 item 2, commenced on enactment.

E7

Offence under section designated a “serious offence” (4.09.1998 and 15.05.2000) by Bail Act 1997 (16/1997), s. 1 and sch. paras. 18, 29 and 30, S.I. No. 315 of 1998 and S.I. No. 118 of 2000, as amended (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 17(d), S.I. No. 236 of 2007.

E8

Offence under subs. (2) committed outside the State not to be regarded as a political offence as provided by Extradition (European Convention of the Suppression of Terrorism) Act 1987 (1/1987), s. 3(3A) as inserted (22.08.1994) by Extradition (Amendment) Act 1994 (6/1994), s. 2(b) and sch. 1 para. 11.