Meaning of Damageĭamage is not defined by the CDA 1971. Property does not however include intangibles or things in action. Thus land can be damaged for example, by dumping chemicals on it. CDA 1971 requires proof that tangible property has been damaged, not necessarily that the damage itself should be tangible. “Property” in the CDA 1971 means property of a tangible nature, whether real or personal – s.10. 29, Schedule 1 Magistrates’ Court Act 1980 (MCA 1980).The maximum penalty is 10 years imprisonment - Section. This offence is triable either way – para. Section 1(1) CDA 1971 - A person who without lawful excuse destroys or damages any property belonging to another, intending to destroy or damage any such property, or being reckless as to whether any such property would be destroyed or damaged, shall be guilty of an offence. There are no special public interest considerations over and above those recognised in the Code for Crown Prosecutors. Offences of damage to property can vary in seriousness from destruction by fire, which causes damage of great value and danger to life, to minor incidents of damage where replacement costs are minimal. Code for Crown Prosecutors - Considerations It created a statutory offence of arson and abolished the common law offence (s.). The Criminal Damage Act 1971 (CDA 1971) is the primary source of offences involving damage to property.
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