Criminal damage
Criminal damage is destroying or damaging property belonging to someone else without lawful excuse, intending to do so or being reckless about it. If the damage is worth £5,000 or less it is usually tried only in the magistrates' court with a maximum of 3 months' imprisonment.
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 | Vandalism, Graffiti, Destroying or damaging property |
|---|---|
| The law | Criminal Damage Act 1971, section 1 |
| Where it is tried | either way, but where the value of the damage is £5,000 or less the court must treat it as summary only (Magistrates' Courts Act 1980, s.22). The value rule does not apply to damage by fire or, for offences on or after 28 June 2022, to damage to memorials; racially or religiously aggravated criminal damage is always triable either way. |
| Maximum penalty | 10 years' imprisonment and/or an unlimited fine (Criminal Damage Act 1971, s.4). Where the value is £5,000 or less and the case is tried summarily: 3 months' imprisonment and/or a fine of up to £2,500 (level 4). Racially or religiously aggravated criminal damage: 14 years. Damage by fire is arson (see separate entry). |
| Sentencing guideline | Sentencing Council: Criminal damage (other than by fire) value not exceeding £5,000 / Racially or religiously aggravated criminal damage |
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, which includes temporary damage such as graffiti that costs money or effort to remove.
- The property belonged to another person, including someone with a share in it or other proprietary interest.
- The defendant intended to destroy or damage the property, or was reckless about it (knew of the risk and unreasonably took it).
- The defendant had no lawful excuse.
Defences and common issues
- Lawful excuse under s.5 of the Criminal Damage Act 1971: an honest belief that the owner consented or would have consented.
- Lawful excuse under s.5: acting to protect property that the defendant believed was in immediate need of protection, by means that were reasonable in the circumstances as they believed them to be.
- Accident, with no intention and no recklessness as to causing damage.
- The property was the defendant's own and nobody else had an interest in it (for the basic offence).
Frequently asked questions
Is graffiti criminal damage?
Yes, graffiti can be criminal damage. Damage does not need to be permanent; it is enough that the property's value or usefulness is impaired, or that cleaning it off costs time or money. Chalk that washes away in the rain may not count, while spray paint on a wall or train usually will. Councils also have separate powers to deal with graffiti, and some graffiti can be dealt with through penalty notices or other out-of-court outcomes.
What is the £5,000 rule for criminal damage?
If the value of the damage, usually the cost of repair or replacement, is clearly £5,000 or less, the magistrates' court must deal with it as a summary-only offence, with a maximum of 3 months' imprisonment and/or a £2,500 fine (Magistrates' Courts Act 1980, ss.22 and 33). If it is clearly more, it is triable either way. If unclear, the defendant can choose. The rule does not apply to arson, memorials or racially or religiously aggravated damage.
Can I be prosecuted for damaging my own property?
Usually not for basic criminal damage, which requires property belonging to someone else. But property can belong to another person if they have a share in it or another legal interest, so damaging jointly owned property or a landlord's fixtures can be an offence. Damaging your own property can also be charged under section 1(2) of the Criminal Damage Act 1971 if you intend to endanger life or are reckless about it, and damage for an insurance claim may be fraud.
What is the maximum sentence for criminal damage?
The maximum for criminal damage is 10 years' imprisonment. Where the damage is worth £5,000 or less and tried summarily, the maximum is 3 months' imprisonment and/or a £2,500 fine. Racially or religiously aggravated criminal damage carries up to 14 years. Criminal damage with intent to endanger life, or reckless as to that, and arson both carry life imprisonment. Courts can also order compensation to the owner for the damage.
Is damaging a war memorial treated differently?
Yes. Since 28 June 2022 the £5,000 value rule does not apply to damage to memorials, following the Police, Crime, Sentencing and Courts Act 2022. That means damaging a memorial is triable either way whatever the cost of repair, and the full maximum of 10 years' imprisonment is available. A memorial includes any building, structure, garden or other thing on land with a commemorative purpose, and items such as flowers left at one.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
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