Legal issues
Issues can include whether the property was actually damaged, whether it belonged to another, the defendant’s state of mind and the statutory lawful-excuse provisions in section 5.
In fire cases, causation, origin and expert evidence may be central. Aggravated criminal damage or aggravated arson requires careful analysis of the alleged danger-to-life element.
Evidence that matters
Evidence can include photographs, CCTV, body-worn video, witness accounts, valuation evidence, ownership records, fire-scene examination, accelerant analysis, phone/location data and messages.
Reasonable lines of enquiry
Enquiries may include independent fire-scene or forensic review, complete CCTV, ownership and value evidence, examination of accidental causes, witness accounts and material supporting consent, belief in consent or protection-of-property arguments where legally relevant.
What happens next
Ordinary criminal damage is generally either way, but allocation rules treat damage under £5,000 as summary for allocation purposes, subject to statutory exceptions. Arson and aggravated forms are treated differently and serious cases may proceed in the Crown Court.
Immediate steps
Preserve photographs, CCTV, messages, property records and insurance or valuation documents. In fire cases, note any known ignition source, electrical issue or accidental explanation before details are lost.
What should you send us?
Send the allegation/charge, property details and value, photographs, CCTV, ownership records, fire/forensic reports, messages, bail/court papers and next date.