What is the Definition of Criminal Damage?

Criminal Damage is when an individual destroys or damages, or attempts to destroy or damage, another’s property.

As you might imagine, the term ‘criminal damage’ covers a wide area of law and illegal activity. It covers everything from keying a car to setting fire to a building. Subject to the details of a case, the procurator fiscal might refer to a variety of different areas of Scots law: for example, malicious mischief, vandalism, fireraising, the Explosive Substances Act, and the Protection of Animals Act. While intention is considered, the accused can nevertheless be successfully prosecuted if the damage was the result of an accident, through the Scottish law of culpable and reckless conduct.


Been Charged With Criminal Damage? We can Help

Because it is such a broad, hold-all category, a criminal damage charge could be heard at any level of court and be subject to a range of potential outcomes. Wilful fire-raising, known elsewhere as arson, could result in life imprisonment, whereas petty vandalism might require the accused to pay a small fine and may even be considered a civil matter. If you are at the more serious end of this spectrum, you need to contact a criminal defence solicitor immediately.


If you are facing a charge related to criminal damages, contact Emergency Lawyers via email or by phone at 0141 226 8825. We are available 24/7 and all cases will be discussed.

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