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Section 1(1), Criminal Damage Act 1971

Criminal damage to property - value under £5000

The statutory wording, points to prove, defences and penalty — verified against legislation.gov.uk (current revised versions, October 2026).

What the law says

Section 1(1) — destroying or damaging property
A person commits the offence where, without lawful excuse, they destroy or damage property belonging to another, intending to destroy or damage it or being reckless as to that.
Section 22 and Schedule 2 — low-value route
Where the value is clearly no more than £5,000 the court proceeds as if the offence were summary only. Schedule 2 expressly includes attempts, but excludes damage by fire and damage to a memorial.
Section 33 — low-value maximum
The maximum is three months' imprisonment, a level 4 fine, or both.
Section 5 — lawful excuse
The Section 5(2) consent and property-protection branches apply to the Section 1(1) offence, subject to the statutory belief rules.
Penalty
Summary: 3 months' imprisonment, a level 4 fine (£2,500), or both.

CJS codes
Official CJS offence index (June 2026)
CD71039Criminal damage to property - value under £5000

Points to prove

  • 1. The property belonged to another person, and the defendant intentionally or recklessly destroyed or damaged it.
  • 2. The value was clearly no more than £5,000, and the conduct did not involve fire or damage to a memorial.
  • 3. The defendant acted without lawful excuse under the applicable Section 5 rules.

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Defences

  • Section 5, Criminal Damage Act 1971 — the statutory consent and property-protection lawful-excuse branches apply to Section 1(1), subject to the belief rules.

Mode of trial & maximum penalty

Summary only where value is clearly no more than £5,000; no right of election to the crown court. — Court maximum
Summary: 3 months' imprisonment, a level 4 fine (£2,500), or both.
Out-of-court disposal
Not a fixed penalty or penalty notice for disorder offence.

Sources

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