Buildings and Burglary Law
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Questions and Answers

Which of the following statements accurately describes the term 'supply' in relation to drug offences?

  • It is limited to verbal agreements only.
  • It refers solely to the transfer of drugs for personal use only.
  • It requires proof of payment or reward.
  • It includes providing drugs without the other person's consent. (correct)

    • What is a common psychological effect experienced by cannabis users?

  • Physical dependence
  • Heightened perceptions (correct)
  • Enhanced energy levels
  • Increased focus

    • Under what circumstance can the aggravation of supplying occur according to Section 4(3)?

  • When drugs are delivered without knowledge of the recipient
  • When any person offers drugs to adults
  • When a user consumes the drug at home
  • When the transaction occurs near a school during school hours (correct)

    • What constitutes a trespasser in the context of entering premises?

    <p>A person who gains entry by deception.</p> Signup and view all the answers

    What must the prosecution prove to convict someone under offences related to Section 4(3)?

    <p>The accused's participation and knowledge of the drug supply</p> Signup and view all the answers

    What is required for a substance to be classified as a controlled drug in court?

    <p>Analysis by a forensic analyst</p> Signup and view all the answers

    Which scenario depicts burglary due to trespass?

    <p>A person enters through a door marked ‘Private Staff Only’ without permission.</p> Signup and view all the answers

    What is required to support a charge of burglary according to the content?

    <p>There must be an entry made by a trespasser.</p> Signup and view all the answers

    What does mens rea refer to in the context of burglary?

    <p>The intention at the time of entry.</p> Signup and view all the answers

    What must the intention be for a Section 9(1)(a) burglary charge?

    <p>To steal property located in a building.</p> Signup and view all the answers

    What example displays an absence of trespass?

    <p>Being invited to an office and then fighting.</p> Signup and view all the answers

    What does the intent to inflict grievous bodily harm pertain to in a burglary charge?

    <p>The intent to physically harm someone.</p> Signup and view all the answers

    How is entry defined for it to qualify as burglary?

    <p>Entry by means of deception or trespass.</p> Signup and view all the answers

    What did the court conclude regarding the freezer container in R v B and S Leathley?

    <p>It was deemed a building because of its permanence.</p> Signup and view all the answers

    Which of the following best describes Section 9(1)(a) in relation to burglary?

    <p>It requires intent at the time of entry for specified offences.</p> Signup and view all the answers

    What is an essential element of burglary regarding property?

    <p>The property must be in a building or part of a building.</p> Signup and view all the answers

    Which feature of the freezer container supported its classification as a building?

    <p>It had a significant weight and size.</p> Signup and view all the answers

    In the case of R v Walkington, what determined whether someone was a trespasser?

    <p>The individual's initial permission to enter.</p> Signup and view all the answers

    What does the term 'trespasser' refer to in legal contexts?

    <p>A person present without consent or lawful authority.</p> Signup and view all the answers

    Which of the following elements did NOT contribute to the court's decision about the freezer container being a building?

    <p>The owner had plans to move the container within the year.</p> Signup and view all the answers

    Why was the individual in R v Walkington considered a trespasser when entering the neighbor's flat?

    <p>He had no permission to access that particular flat.</p> Signup and view all the answers

    What key factor did the owner of the freezer container intend to ensure its classification as a building?

    <p>Leaving it in place for the foreseeable future.</p> Signup and view all the answers

    What does the concept of moving from one part of a building to another imply in legal terms?

    <p>Potential for trespassing.</p> Signup and view all the answers

    In the case of R v Clouden, what action did the defendant take against the victim?

    <p>Wrenched the shopping basket from her hand.</p> Signup and view all the answers

    What must be proven for an act to be classified as robbery under section 8(1) Theft Act 1968?

    <p>Proof of theft and use of force on any person.</p> Signup and view all the answers

    How did the Court of Appeal rule regarding the argument of the defendant that the wrenching of the basket did not constitute force?

    <p>They found it was a question of fact for the jury to decide.</p> Signup and view all the answers

    What is the maximum sentence for robbery as specified by the Theft Act 1968?

    <p>Life imprisonment.</p> Signup and view all the answers

    What is one reason why some people regard robbery as a serious offense?

    <p>Victims may suffer a significant financial loss.</p> Signup and view all the answers

    What aspect of victim support is mentioned in the context of robbery victims?

    <p>All victims are referred to victim support.</p> Signup and view all the answers

    What can law enforcement suggest to the public to help prevent robbery?

    <p>Consider why and when they withdraw money.</p> Signup and view all the answers

    Which of the following describes the relationship between force on a person and force on property as indicated by the ruling?

    <p>The use of force on property can create force on a person.</p> Signup and view all the answers

    Why was the defendant's appeal in R v Clouden rejected?

    <p>The jury found the act constituted force.</p> Signup and view all the answers

    What may happen to victims of robbery aside from financial loss?

    <p>They might experience emotional distress or shock.</p> Signup and view all the answers

    What is the maximum penalty for the offence of threats to damage property?

    <p>14 years</p> Signup and view all the answers

    Which element is essential for an offence of threats to damage property to occur?

    <p>The person must intend that the victim fears the threat</p> Signup and view all the answers

    In the context of threats to damage property, what is meant by 'likely to endanger the life'?

    <p>It indicates a substantial chance of endangerment</p> Signup and view all the answers

    What legislative act primarily addresses drug misuse in Northern Ireland?

    <p>Misuse of Drugs Act 1971</p> Signup and view all the answers

    Why might individuals engage in drug misuse, according to the provided content?

    <p>To escape problems or belong to a group</p> Signup and view all the answers

    Which of the following statements is true regarding the threat's communication method?

    <p>The method of communication is irrelevant to the offence</p> Signup and view all the answers

    What social issues can stem from drug misuse as mentioned in the content?

    <p>Burglary and prostitution to finance drug habits</p> Signup and view all the answers

    Which of the following is a potential reason individuals misuse drugs?

    <p>Desire to rebel or shock others</p> Signup and view all the answers

    What does 'triable either way' refer to in legal terms?

    <p>A case that can be tried in either magistrate or crown court</p> Signup and view all the answers

    Which of these is NOT a condition for committing an offence of threats to damage property?

    <p>The damage must be actualized</p> Signup and view all the answers

    What must be demonstrated for an action to be classified as robbery?

    <p>Force must be used or threatened during the appropriation.</p> Signup and view all the answers

    In the example where Niblock threatens Robinson with future force, what is the correct classification of the offense?

    <p>Theft</p> Signup and view all the answers

    What defines the use of force in the context of robbery?

    <p>Force must be directed at the victim of the theft.</p> Signup and view all the answers

    What is insufficient to prove robbery when only threats are made?

    <p>Intent to frighten someone else.</p> Signup and view all the answers

    In the example of Johnston stealing Kelly's phone and then using force, why is it not classified as robbery?

    <p>Force must be used to aid in escaping after the theft.</p> Signup and view all the answers

    Why is the threat to burn down a house not classified as robbery?

    <p>There is no immediate threat present to the victim.</p> Signup and view all the answers

    What differentiates the robbery of Mo's wallet in the scenario involving Simpson and the knife?

    <p>Force must take place during the taking of property.</p> Signup and view all the answers

    Which scenario demonstrates the correct application of robbery principles?

    <p>A person threatens another with a baseball bat to hand over money at that moment.</p> Signup and view all the answers

    What is the primary requirement for a defense based on lack of knowledge under Section 28?

    <p>The prosecution must prove that the individual had knowledge of the drug.</p> Signup and view all the answers

    In the example involving Weston, which condition must she satisfy to avail herself of a defense?

    <p>She had no suspicion about the presence of the drug.</p> Signup and view all the answers

    What action did the father take in the example provided when he discovered his son with a controlled drug?

    <p>He disposed of the drug by throwing it into the fire.</p> Signup and view all the answers

    What is required for a person to be guilty of obtaining services dishonestly?

    <p>The person must obtain services without any payment made.</p> Signup and view all the answers

    What constitutes a key factor in establishing knowledge for the prosecution in drug possession cases?

    <p>The individual’s understanding of the drug's legal status.</p> Signup and view all the answers

    Which scenario depicts an appropriate response to finding a controlled substance?

    <p>A teacher contacts the police upon finding abandoned cannabis.</p> Signup and view all the answers

    Which of the following correctly defines 'article' in relation to fraud?

    <p>Programs or computer files related to fraudulent activities.</p> Signup and view all the answers

    What does the handling stolen goods offence require to be proven?

    <p>The suspect to have knowledge or belief that goods are stolen.</p> Signup and view all the answers

    What does Section 7 of the Fraud Act 2006 focus on?

    <p>Making or supplying articles for fraudulent purposes.</p> Signup and view all the answers

    Which of the following is true regarding the offence under Section 11 of the Fraud Act 2006?

    <p>It does not require the intention to permanently deprive.</p> Signup and view all the answers

    How does Section 7 define the role of individuals in relation to supplying articles for use in fraud?

    <p>An individual can be charged even without possessing the article.</p> Signup and view all the answers

    What distinguishes a 'result' offence according to the content?

    <p>There must be an actual obtaining of the service.</p> Signup and view all the answers

    Which scenario would NOT constitute a violation of handling stolen goods?

    <p>Finding lost property without knowing it was stolen.</p> Signup and view all the answers

    Which aspect is irrelevant to classifying an offence under Section 11?

    <p>The reputation of the service provider.</p> Signup and view all the answers

    What constitutes an unlawful damage in the context of burglary?

    <p>Damage to anything within the building</p> Signup and view all the answers

    Under Section 9(1)(b), what must a person do to be guilty of burglary?

    <p>Attempt to steal anything in the building</p> Signup and view all the answers

    What is required to prove conditional intent in a burglary?

    <p>Intent to steal regardless of the value of items</p> Signup and view all the answers

    What effect does exceeding a condition of entry have on the trespasser status?

    <p>It does not change their trespasser status if they entered lawfully</p> Signup and view all the answers

    What does Section 9(1)(b) specifically state about the actions of a trespasser?

    <p>Inflicting bodily harm is also part of the offense</p> Signup and view all the answers

    What happens if a criminal damage occurs while the individual is a trespasser?

    <p>It is treated as a separate offense</p> Signup and view all the answers

    What must be proven for an act to be considered grievous bodily harm in relation to burglary?

    <p>That the harm was intentional and premeditated</p> Signup and view all the answers

    What is one crucial element distinguishing burglary from other offenses?

    <p>There must be an intention to steal or inflict harm</p> Signup and view all the answers

    What does the term 'trespasser' imply in the context of Section 9(1)(b)?

    <p>Someone who is permitted to be in one part of a building but not another</p> Signup and view all the answers

    What constitutes an offence according to the Misuse of Drugs Act 1971 regarding controlled drugs?

    <p>Offering to supply controlled drugs to another person.</p> Signup and view all the answers

    In which scenario would an individual NOT be committing an offence under the Misuse of Drugs Act regarding supply?

    <p>Offering to sell drugs without possessing them.</p> Signup and view all the answers

    Which explanation best describes possession under the Misuse of Drugs Act?

    <p>Having physical control over drugs in one’s belongings.</p> Signup and view all the answers

    What factor is irrelevant when determining an offence of supply under the Act?

    <p>The type of drug being offered.</p> Signup and view all the answers

    According to the Misuse of Drugs Act, what must be proven for an unlawful possession charge?

    <p>The drugs must be physically found on the person.</p> Signup and view all the answers

    Which situation illustrates supply under the Misuse of Drugs Act effectively?

    <p>A person texting someone about the availability of a drug.</p> Signup and view all the answers

    What is a key point regarding the offence of supplying controlled drugs?

    <p>Offering drugs regardless of the actual substance is an offence.</p> Signup and view all the answers

    What is required to prove unlawful possession with intent to supply under the Act?

    <p>Evidence of intent to distribute the drugs to others.</p> Signup and view all the answers

    How does the Misuse of Drugs Act define control in the context of possession?

    <p>Control includes items kept in the custody of others.</p> Signup and view all the answers

    What is the maximum penalty for burglary committed in respect of a dwelling?

    <p>14 years</p> Signup and view all the answers

    What additional element defines aggravated burglary compared to regular burglary?

    <p>It involves possession of a prohibited article.</p> Signup and view all the answers

    Which of the following would not qualify as a 'weapon of offence' under the definition provided?

    <p>A plastic toy sword</p> Signup and view all the answers

    Which of the following best describes an 'imitation firearm'?

    <p>A toy gun that closely resembles a real firearm.</p> Signup and view all the answers

    How does the law define possession of a prohibited article during burglary?

    <p>It means knowingly having the article at the time of the burglary.</p> Signup and view all the answers

    What distinguishes a 'firearm' in legal terms?

    <p>Any weapon capable of discharging a projectile by gas or explosive.</p> Signup and view all the answers

    Which is NOT an example of an explosive as per the definitions provided?

    <p>Air pressure guns</p> Signup and view all the answers

    What must Parliament do to include a new offence within the definition of burglary under Section 9(1)(b)?

    <p>Clearly state the new offence in the legislation.</p> Signup and view all the answers

    What is required for a conviction of the offence of arson?

    <p>There must be intent or recklessness in relation to the use of fire.</p> Signup and view all the answers

    Which element must be proven for possession of articles intended for criminal damage?

    <p>The articles must be used without any lawful excuse.</p> Signup and view all the answers

    What is the maximum penalty for the offence of arson if tried on indictment?

    <p>Life imprisonment.</p> Signup and view all the answers

    Which of the following describes the key aspect of intention in relation to the offence of criminal damage?

    <p>Intention can be inferred from reckless actions.</p> Signup and view all the answers

    Under which conditions can lawful excuse be claimed in a criminal damage offense?

    <p>If the offense did not endanger the life of another person.</p> Signup and view all the answers

    What constitutes the actus reus of fraud?

    <p>Making a false representation</p> Signup and view all the answers

    Which statement best describes a situation that does NOT fulfill the criteria for fraud?

    <p>A person acts under honest belief that they are making a true statement.</p> Signup and view all the answers

    Which of the following can qualify as a false representation?

    <p>An omission of past relevant information</p> Signup and view all the answers

    In which scenario is the offence of fraud considered complete?

    <p>When a person intends to make a false representation</p> Signup and view all the answers

    How can a false representation be communicated?

    <p>By words, conduct, or omissions</p> Signup and view all the answers

    Which scenario accurately illustrates a false representation by conduct?

    <p>A person writes a check for an amount exceeding their balance.</p> Signup and view all the answers

    Which of the following best defines a false representation concerning a person's state of mind?

    <p>Making a promise with no intention of fulfillment.</p> Signup and view all the answers

    What aspect is NOT necessary to complete the offence of fraud?

    <p>The representation must have caused loss</p> Signup and view all the answers

    Which of the following is an example of a representation that is NOT considered fraudulent?

    <p>A statement about a past event believed to be true</p> Signup and view all the answers

    What is required for the prosecution to establish that the defendant failed to disclose material facts?

    <p>The prosecution must prove the defendant had actual knowledge of the facts.</p> Signup and view all the answers

    Which element indicates that the defendant intended for the victim to rely on a false impression?

    <p>The defendant's actions were aimed to mislead the victim.</p> Signup and view all the answers

    In cases of fraud by abuse of position, what must the defendant's actions lead to?

    <p>A loss or risk of loss for another.</p> Signup and view all the answers

    What is NOT an element that the prosecution must establish in a case involving failure to disclose material facts?

    <p>The defendant had the intention to provide the victim with accurate information.</p> Signup and view all the answers

    Which of the following is required for someone to be prosecuted under the fraud by abuse of position?

    <p>They occupy a position of trust and abuse that position.</p> Signup and view all the answers

    How does the law differentiate between fraud by abuse of position and other types of fraud?

    <p>Based on the relationship of trust established.</p> Signup and view all the answers

    What must be demonstrated to show that the victim relied on the false impression?

    <p>The victim took action based on the misleading facts.</p> Signup and view all the answers

    What does it mean when the legal duty is stated as 'not a civil or moral duty'?

    <p>Criminal liability is solely based on the law, not ethical considerations.</p> Signup and view all the answers

    In what scenario might a defendant face prosecution for failing to disclose a fact?

    <p>When the defendant actively withholds a known false fact.</p> Signup and view all the answers

    Which of these accurately reflects the burden of proof in fraud cases involving failure to disclose?

    <p>The prosecution must prove the burden by clear and convincing evidence.</p> Signup and view all the answers

    What is one of the main purposes of the Fraud Act 2006?

    <p>To simplify prosecution of fraud-related offences</p> Signup and view all the answers

    Which of the following best defines a false representation under the Fraud Act?

    <p>An untrue or misleading statement known to be false</p> Signup and view all the answers

    According to the Supreme Court ruling in Ivey v Genting Casinos (UK) Ltd, what must be established when determining dishonesty?

    <p>The genuinely held belief of the defendant</p> Signup and view all the answers

    Which element was previously part of the Ghosh test for dishonesty that is no longer considered relevant?

    <p>The subjective belief of the defendant about their actions</p> Signup and view all the answers

    What is required for the fraudulent activity of ‘obtaining services dishonestly’ to take place?

    <p>Utilizing misrepresentation to gain services</p> Signup and view all the answers

    In the context of dishonesty related to fraud, what does the objective standard applied by magistrates/jury refer to?

    <p>The societal norms of ordinary decent people</p> Signup and view all the answers

    What aspect of representation does the Fraud Act 2006 consider fraudulent?

    <p>Representations that are untrue or misleading with intent</p> Signup and view all the answers

    What must be demonstrated regarding the defendant's belief for it to qualify as dishonest according to the current legal standards?

    <p>The belief must be genuinely held, regardless of its reasonableness</p> Signup and view all the answers

    What is a common misconception about dishonesty as it pertains to the law following the changes introduced by the Fraud Act 2006?

    <p>Dishonesty is solely based on the defendant's subjective feelings</p> Signup and view all the answers

    What impact did the ruling in Ivey v Genting Casinos (UK) Ltd have on the definition of dishonest behavior in fraud cases?

    <p>It clarified that dishonesty should rely on genuine beliefs and societal standards</p> Signup and view all the answers

    Study Notes

    Buildings and Burglary

    • A freezer container resting on railway sleepers was deemed a "building" for purposes of burglary as it was a structure of considerable size and was intended to remain in its location for the foreseeable future.
    • A person can be a trespasser in a building, even with lawful entry, if they enter a section of the building where they are not permitted to be, like an open plan shop's till area.
    • A person is a trespasser if they are in a location without the consent of the person who can grant consent, or without lawful authority.
    • A trespasser may be considered a trespasser if they gain entry to a building under false pretenses, such as pretending to be an official reading a meter.
    • A person can be a trespasser in a building if they enter with lawful entry, but move into a section of that building for which they have no authority (e.g., entering a flat through the communal foyer via a passkey, then forcing entry into a neighbor's flat).

    Burglary with Specific Intent

    • For the purposes of burglary, there must be an entry accompanied by mens rea, meaning the defendant must be knowingly or recklessly aware that their entry is a trespass.
    • For an entry to be considered "burglary", the intent to commit a specific offence must be present at the time of entry.
    • Intent to steal: this means an intention to commit theft under the Theft Act. The property that the defendant intends to steal must be inside the building or part of a building.
    • Intent to inflict grievous bodily harm: this is the offence of "grievous bodily harm" under Section 18 of the Offences against the Persons Act 1861

    Robbery

    • Robbery is defined as theft coupled with the use of force on any person.
    • The force need not be applied directly to a person; applying force to an object held by a person can be considered force against the person.
    • The question of whether force has been applied is a question of fact for the jury to decide.

    Threats to Damage Property

    • It is an offence to threaten to destroy or damage property belonging to another person, or to damage one's own property in a way that may endanger the life of another person.
    • The threat can be conveyed through various means, such as letters, phone calls, or verbally.
    • The victim of such a threat does not need to believe the threat would be carried out; it is sufficient for the person making the threat to intend that the victim would fear it would be carried out.
    • Misuse of drugs is a serious issue impacting society, often contributing to other crimes.
    • The Misuse of Drugs Act 1971 is the primary legislation governing drug offenses.

    Offenses under the Misuse of Drugs Act

    • Supply of controlled drugs: This includes furnishing or providing a controlled drug to another, regardless of payment or reward.
    • Offer to supply: An offer to supply a controlled drug can be made by words or conduct, and is an offense even if the offer cannot or will not be carried out.
    • Aggravated supplying: This includes supplying drugs near a school where children or young people are present, or allowing a child or young person under 18 to deliver drugs to a third party.
    • To be convicted of a drug-related offense, proof must be established for the supply, the accused's involvement, and the accused's knowledge of the incident.
    • All substances alleged to be controlled drugs must be forensically analyzed to prove that the substance is indeed a controlled drug.
    • The class of the controlled drug impacts the penalty for the offenses.

    Robbery

    • Robbery requires proof of appropriation.
    • Force used during the theft is essential, threat of future force is not robbery.
    • Force used to facilitate escape after the appropriation is not robbery.
    • Force must be directed at the victim, or a person who is not the victim but used to coerce the victim into giving up property.
    • In cases of threatened force, the intention must be to put the victim in fear, not a third party.

    Burglary

    • Section 9(1)(a) - Entering a building as a trespasser with intent to steal or inflict grievous bodily harm.
    • Two types of burglary:
      • Stealing/attempting to steal anything in the building or part of it.
      • Inflicting/attempting to inflict grievous bodily harm on any person in the building.
    • The defendant must enter the building or part of it as a trespasser, even if they became a trespasser by exceeding their right of entry.
    • Section 9(1)(b) - Entering a building as a trespasser, then stealing or attempting to steal or inflicting/attempting to inflict grievous bodily harm contrary to Sections 18 or 20 of the Offences Against the Persons Act 1861.
    • Criminal damage alone is not sufficient for burglary under Section 9(1)(b), as it is not considered theft.

    Fraud

    • Section 7, Fraud Act 2006 - Making or supplying articles for use in fraud.
    • The defendant must know the article was designed or adapted for use in fraud.
    • An article includes programs held in electronic form, such as computer programs generating credit card numbers.
    • Section 11, Fraud Act 2006 - Obtaining services dishonestly.
    • This requires the actual obtaining of the service.
    • Deception or fraudulent representation is not required.
    • An example is a person climbing over a wall to enter a football ground without paying.

    Handling Stolen Goods

    • A theft must be finalized for handling stolen goods to be considered.
    • The suspect must know or believe the goods were stolen.
    • Suspicion alone is not sufficient.

    Misuse of Drugs Act 1971

    • Section 4(3) - Supply or offer to supply a controlled drug.
    • An offer to supply does not require possession of the article.
    • The type of drug is irrelevant, the focus is on the act of supplying or offering to supply.
    • Section 5(2) - Unlawful possession of a controlled drug.
    • Section 5(3) - Unlawful possession of a controlled drug with intent to supply.
    • Section 5(4) - A person may possess a controlled drug for the purpose of delivering it to a person lawfully entitled to take custody of it.
    • Examples include a parent finding a child in possession of drugs, a school teacher finding abandoned drugs, and a person who takes possession of drugs with the intent to turn them in to law enforcement.
    • Section 28(2) - Defences to offences under the Misuse of Drugs Act.
    • One defense is based on lack of knowledge, which the prosecution must prove.

    Burglary

    • Appropriation of property belonging to another with the intention of permanently depriving the other of it.
    • Unwarranted extension of the burglary offence under Section (9)(1)(b) of the Theft Act
    • Penalty: Up to 14 years imprisonment for dwelling, 10 years imprisonment for other cases

    Aggravated Burglary

    • Includes all elements of burglary plus the additional element that the accused person possessed one or more of the following articles at the time of committing the offence:
      • Weapon of offense (including articles for causing injury to a person and for incapacitating a person)
      • Imitation firearm (toy guns or replicas)
      • Firearm
      • Explosive

    Fraud Act 2006

    • Simplifies deception-related offenses to make prosecution easier
    • Includes offences such as possession or control of articles for use in fraud and obtaining services dishonestly.
    • Key element is dishonesty
    • The test for dishonesty in fraud cases is based on the decisions in Royal Brunei Airlines Sdn v Tan 1995 and Barlow Clowes International v Eurotrust International Ltd 2006.

    Fraud by False Representation

    • Making a representation intending to make a gain for oneself or another, or to cause loss or expose another to the risk of loss.
    • Representation is false when untrue or misleading, and the person making it knows it is, or might be, untrue or misleading. 
    • The actus reus of the offence is the making of the false representation, not loss or gain.
    • The representation can be expressed or implied and communicated in words or conduct.

    Fraud by Abuse of Position

    • Occurs when someone in a position of trust abuses that position dishonestly to make a gain for themselves or another or cause loss to another.
    • The person abusing the position intends to make a gain or cause loss by abusing the position.

    Criminal Damage

    • Destroying or damaging property belonging to another with the intention of destroying or damaging the property.
    • Intention in this context means deliberate intent to destroy or damage. 
    • The accused can be convicted of criminal damage even if a particular person's property is not damaged as long as it is another's property.

    Criminal Damage by Fire (Arson)

    • Destroying or damaging property by fire with intent or recklessness.
    • Some damage must have been caused by fire (excluding smoke damage). 
    • Penalty: Six months imprisonment and/or a fine if tried summarily, or life imprisonment if tried on indictment.

    Possession of Articles for Criminal Damage

    • Occurs when a person has anything in their custody or under their control intending to use it or cause another to use it to destroy or damage any property belonging to another person or their own property in a way that is likely to endanger someone else's life. 
    • The key element is the intention to use the article for criminal damage.

    Lawful Excuse for Criminal Damage

    • Can be used as a defense for those charged with criminal damage, but not if the offence involved endangering the life of another person.

    Stop, Search, and Seizure for Criminal Damage Offenses

    • Article 3-5 PACE (NI) Order 1989 provides a power of stop, search, and seizure for offenses under the Criminal Damage (NI) Order 1977.
    • Article 26 PACE (NI) Order 1989 permits arrest without warrant for criminal damage offences.
    • Maximum penalty for criminal damage offence: Two years imprisonment.

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