Criminal Damage Act 1991

Minor and consequential changes in existing law.

14

14.—(1) The common law offence of arson is hereby abolished.

(2) The Malicious Damage Act, 1861, is hereby amended—

(a) by the substitution in section 37, for “Electric or Magnetic Telegraph”, of “telegraph (within the meaning of the Telegraph Acts, 1863 to 1916)”, and

(b) by the substitution—

(i) in section 40, for the words from “shall be liable” to the end of the section, and

(ii) in section 41, for the words from “shall, on conviction thereof” to the end of the section,

of “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, to a fine not exceeding £10,000 or imprisonment for a term not exceeding 10 years or both.”.

(3) The abolition by subsection (1) of the common law offence of arson shall not affect the operation of section 2 of, and paragraph 3 of the Schedule to, the Criminal Law (Jurisdiction) Act, 1976, and the repeal by section 15 of sections 1 to 7 of the Malicious Damage Act, 1861, shall not affect the operation of those sections for the purposes of the said section 2 and paragraph 6 of the said Schedule; and accordingly the said section 2 and the said Schedule shall have effect as if subsection (1) and section 15 had not been enacted.

(4) On the commencement of this subsection—

(a) subsection (3) shall cease to have effect,

(b) section 21 (2) of, and paragraph 3 of the Schedule to, the Criminal Law (Jurisdiction) Act, 1976, shall be repealed, and

(c) the following paragraphs shall be substituted for paragraph 6 of the said Schedule:—

“Criminal Damage

6. Any offence under section 35 (interference with railway) of the Malicious Damage Act, 1861.

6A. Any offence under subsections (1) and (4) or subsections (2) and (4) of section 2 of the Criminal Damage Act, 1991 (arson).”.