Arson
Arson is destroying or damaging property by fire, intentionally or recklessly and without lawful excuse. It carries a maximum of life imprisonment. Arson intended to endanger life, or reckless as to whether life is endangered, is more serious and can only be tried in the Crown Court.
Law checked as at 25 September 2026. Legal information only, not legal advice, and not a prediction of any sentence.
At a glance
| Also known as | Criminal damage by fire, Arson with intent to endanger life, Arson reckless as to whether life endangered |
|---|---|
| The law | Criminal Damage Act 1971, section 1 |
| Where it is tried | simple arson is triable either way, whatever the value of the damage. Arson with intent to endanger life, or reckless as to whether life is endangered, is indictable only and is tried in the Crown Court. |
| Maximum penalty | Life imprisonment for both simple arson and arson endangering life (Criminal Damage Act 1971, s.4). In the magistrates' court the maximum for a single either-way offence is 12 months' imprisonment (Sentencing Act 2020, s.224). |
| Sentencing guideline | Sentencing Council: Arson (criminal damage by fire) |
Maximum penalties are the most a court can impose for the worst cases. Most sentences are far lower, and the actual sentence depends on the facts, any guilty plea and the court's assessment.
What the prosecution must prove
- The defendant destroyed or damaged property by fire.
- For simple arson (s.1(1) and (3)): the property belonged to another, the defendant intended to destroy or damage it or was reckless about it, and had no lawful excuse.
- For arson endangering life (s.1(2) and (3)): the defendant also intended to endanger someone's life by the damage, or was reckless as to whether life would be endangered; this can apply even to the defendant's own property.
- No one actually needs to be hurt or put in danger for the aggravated form; what matters is the defendant's intention or recklessness.
Defences and common issues
- Accident, with no intention and no recklessness as to damaging property by fire.
- Lawful excuse (s.5): an honest belief that the owner consented, such as an agreed bonfire, though this does not apply to the endangering-life form.
- No intention or recklessness as to endangering life, which may lead to conviction for simple arson instead.
- Identification, often tested with forensic, CCTV and phone evidence.
Frequently asked questions
What is the maximum sentence for arson?
Arson carries a maximum of life imprisonment, both for simple arson and for arson with intent to endanger life or being reckless as to whether life is endangered. In the magistrates' court the maximum for simple arson is 12 months. The Sentencing Council has separate guidelines for arson and for arson endangering life, which look at the harm caused, the risk to people and the offender's culpability, such as planning or use of an accelerant.
Is setting fire to my own property a crime?
It can be. Simple arson requires property belonging to someone else, so burning your own property is not usually that offence. But if you intend to endanger someone's life, or are reckless as to whether life is endangered, it is an offence even if the property is yours (Criminal Damage Act 1971, s.1(2)). Setting fire to your own property to make an insurance claim may be fraud, and there are also rules on causing nuisance with bonfires.
Does the £5,000 value rule apply to arson?
No. The rule that makes criminal damage worth £5,000 or less a summary-only offence does not apply to damage caused by fire (Magistrates' Courts Act 1980, Schedule 2). Simple arson is therefore always triable either way, so it can be tried in the magistrates' court or the Crown Court, whatever the cost of the damage. A small fire in a wheelie bin can still be charged as arson.
What is arson reckless as to whether life is endangered?
It is arson where the defendant saw a risk that the fire would endanger someone's life and unreasonably went ahead. For example, setting fire to a door or bins next to a building where people live can be charged this way even if nobody was hurt. It is indictable only and carries a maximum of life imprisonment. If the prosecution cannot prove the defendant foresaw the danger, the alternative is usually simple arson.
Do I have to answer police questions if I am arrested for arson?
You do not have to answer police questions, and you have the right to free and independent legal advice at the police station at any time. However, in England and Wales a court may draw an adverse inference if you later rely on a fact in your defence that you could reasonably have mentioned in interview (Criminal Justice and Public Order Act 1994, ss.34 to 38). Whether to answer questions, give a prepared statement or say 'no comment' is something a solicitor can advise on before the interview.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
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