Fire-raising
Fire-raising is the Scots common law crime of setting fire to property. Wilful fire-raising means intentionally setting fire to property; culpable and reckless fire-raising means causing a fire through reckless disregard of the consequences. Scots law does not use the term arson.
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 | Wilful fire-raising, Culpable and reckless fire-raising, Arson (the term used elsewhere) |
|---|---|
| The law | Common law of Scotland |
| Where it is tried | wilful fire-raising cannot be tried in the JP court. It can be prosecuted summarily in the sheriff court, but is usually prosecuted under solemn procedure before a sheriff and jury or, where lives were endangered or damage is extensive, in the High Court. Culpable and reckless fire-raising can be dealt with summarily or under solemn procedure depending on seriousness. |
| Maximum penalty | Fire-raising is a common law crime, so there is no single statutory maximum: the limit depends on the court that deals with it. JP court: up to 60 days' imprisonment and/or a fine of up to £2,500. Sheriff court under summary procedure: up to 12 months' imprisonment and/or a fine of up to £10,000. Sheriff and jury (solemn procedure): up to 5 years' imprisonment and/or an unlimited fine, and the sheriff can remit (send) the case to the High Court for sentence if more is merited. High Court of Justiciary: up to life imprisonment and/or an unlimited fine. The JP court cannot try wilful fire-raising or attempted wilful fire-raising. |
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
- That property was set on fire and damaged by the fire
- For wilful fire-raising, that the accused intended to set fire to the property that was damaged
- For culpable and reckless fire-raising, that the accused acted with a reckless disregard of the consequences, showing utter indifference to what might happen
- That the intention or recklessness relates to the property actually damaged: an intention to burn one thing does not automatically make it wilful fire-raising if something else catches fire
- That the accused is identified by corroborated evidence, often including fire investigation findings
Defences and common issues
- Accident: the fire started without any intention or recklessness on the accused's part.
- No intention to set fire to the property damaged, which is a defence to wilful fire-raising, although culpable and reckless fire-raising may still be proved.
- Identification: fire cases often rely on circumstantial evidence, which can be challenged.
- Lawful authority, for example a controlled burn carried out in line with the rules that apply to it.
Frequently asked questions
Is fire-raising the same as arson?
In broad terms, yes, but arson is not a crime in Scots law. Scotland has two common law crimes instead: wilful fire-raising, where someone intentionally sets fire to property, and culpable and reckless fire-raising, where a fire is caused by reckless disregard of the consequences. Both apply to any type of property, from vehicles and bins to houses and businesses. The seriousness depends on the damage caused and any danger to people.
What is the difference between wilful and culpable and reckless fire-raising?
The difference is the accused's state of mind. Wilful fire-raising requires an intention to set fire to the property that was damaged. Culpable and reckless fire-raising requires conduct showing a reckless disregard for the consequences, such as setting a fire nearby with utter indifference to whether it spreads. The intention must match the property damaged, so a person who meant to burn one item but caused a fire elsewhere may be guilty of culpable and reckless rather than wilful fire-raising.
Why can't a deliberate fire be charged as vandalism?
Section 52(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 says it is not competent to charge acts that amount to wilful fire-raising as vandalism. Deliberately setting fire to property must be prosecuted as wilful fire-raising, a common law crime with much higher potential penalties. This reflects the particular danger fire poses to people and property. Minor fires may still be dealt with summarily in the sheriff court.
What if people were in the building?
If people were put in danger, the case is treated much more seriously and is likely to be prosecuted on indictment, often in the High Court. Additional charges can be brought, such as culpable and reckless conduct endangering life or, where there is evidence of an intention to kill or wicked recklessness, attempted murder. If someone dies, the charge can be murder or culpable homicide. The prosecutor decides the charges based on the evidence.
What is the maximum sentence for fire-raising in Scotland?
Fire-raising is a common law crime, so the maximum depends on the court. Wilful fire-raising cannot be tried in the JP court. In the sheriff court under summary procedure the maximum is 12 months' imprisonment and a £10,000 fine. Before a sheriff and jury it is five years and an unlimited fine, and in the High Court it is life imprisonment. Culpable and reckless fire-raising can also be tried in the JP court, where the limit is 60 days.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
- Scottish Government: Scottish Crime Recording Standard, Group 4 (damage and reckless behaviour)
- Criminal Law (Consolidation) (Scotland) Act 1995, section 52
- Scottish Sentencing Council: Maximum and minimum sentences
- Criminal Procedure (Scotland) Act 1995, Part I (jurisdiction and sentencing powers of the courts)
- Judicial Office for Scotland: The Judiciary in Scotland (criminal courts information sheet)
Charged or under investigation? Ask LawBot a general question, or find a criminal defence solicitor near you.
Ask LawBot →