The Malicious Damage Act 1861 (24 & 25 Vict c 97) is an Act of the

Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. ...

of the

United Kingdom of Great Britain and Ireland The United Kingdom of Great Britain and Ireland was a sovereign state in the British Isles that existed between 1801 and 1922, when it included all of Ireland. It was established by the Acts of Union 1800, which merged the Kingdom of Gre ...

(as it then was). It consolidated provisions related to

malicious damage Malicious may refer to: Films and video games * ''Malicious'' (1973 film) (''Malizia''), an Italian comedy starring Laura Antonelli * ''Malicious'' (1995 film), an American thriller starring Molly Ringwald * ''Malicious'' (2018 film), an Americ ...

from a number of earlier

statutes A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made ...

into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation Act, the Malicious Injuries to Property Act 1827 (7 & 8 Geo 4 c 30) (and the equivalent Irish Act), incorporating subsequent statutes. The Act applied in the

Republic of Ireland Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 Counties of Ireland, counties of the island of Ireland. The capital and largest city is Dublin, on the eastern ...

until 1991 and still applies in some

Commonwealth A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with " republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from th ...

countries which were parts of the

British Empire The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading post ...

in 1861, such as

Sierra Leone Sierra Leone,)]. officially the Republic of Sierra Leone, is a country on the southwest coast of West Africa. It is bordered by Liberia to the southeast and Guinea surrounds the northern half of the nation. Covering a total area of , Sierra ...

Injuries by fire to buildings, and goods therein

The following words were repealed for England and Wales by section 83(3) of, an
Part I
of Schedule 10 to, the

Criminal Justice Act 1948 The Criminal Justice Act 1948 () is an Act of the Parliament of the United Kingdom. Overview It is "one of the most important measures relating to the reform of the criminal law and its administration". It abolished: * penal servitude, har ...

: *In sections 1 to 10, 14 to 21, 23, 26 to 33, 42 to 48 and 50, the words "and, if a male under the age of sixteen years, with or without whipping" wherever those words occurred *In sections 22 and 54, the words from "with or without hard labour" to the end *In section 39, the words from "with or without hard labour" to "whipping" Sections 1 to 7 were repealed for England and Wales by section 11(8) of, and Part I of the Schedule to, the

Criminal Damage Act 1971 Criminal damage in English law was originally a common law offence. The offence was largely concerned with the protection of dwellings and the food supply, and few sanctions were imposed for damaging personal property. Liability was originally ...

. They were repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426) (N.I. 4) *Section 1: Setting fire to a church or chapel *Section 2: Setting fire to a dwelling house, any person being therein *Section 3: Setting fire to a house, outhouse, manufactory, farm building, etc.

Indictments of ss. 2 & 3

The following specimen counts were formerly contained in paragraph 14 of th
Second Schedule
to the Indictments Act 1915 before it was repealed. The following specimen count was formerly contained in paragraph 15 of th
Second Schedule
to the Indictments Act 1915 before it was repealed. *Section 4: Setting fire to any Railway Station *Section 5: Setting fire to any Public Building *Section 6: Setting fire to other Buildings *Section 7: Setting fire to Goods in any Building the setting fire to which is Felony Section 8: Attempting to set fire to Buildings This section was repealed for England and Wales by section 10(2) of and Part III o
Schedule 3
to, the

Criminal Law Act 1967 The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom that made some major changes to English criminal law, as part of wider liberal reforms by the Labour government elected in 1966. Most of it is still in force. Territ ...

. It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977

Injuries by explosive substances to buildings and goods therein

Sections 9 to 26 were repealed for England and Wales by section 11(8) of, and Part I of the Schedule to, the

. They were repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426) (N.I. 4) *Section 9: Destroying or damaging a House with Gunpowder, any Person being therein *Section 10: Attempting to destroy Buildings with Gunpowder

Injuries to buildings by rioters, etc.

*Section 11: Rioters demolishing Church, Building, &c. Section 12: Rioters injuring Building, Machinery, &c. The proviso to this section was repealed for England and Wales by section 10(2) of and Part III o
Schedule 3
to, the

Injuries to buildings by tenants

*Section 13: Tenants of Houses, &c. maliciously injuring them

Injuries to manufactures, machinery, etc.

*Section 14: Destroying Goods in Process of Manufacture, certain Machinery, &c. *Section 15: Destroying Machines in, other Manufactures, Threshing Machines, &c.

Injuries to corn, trees and vegetable productions

*Section 16: Setting fire to Crops of Corn, &c. *Section 17: Setting fire to Stacks of Corn, &c. *Section 18: Attempting to set fire to any Crops of Corn, &c. or to any Stack or Steer *Section 19: Destroying Hopbinds *Section 20: Destroying or damaging Trees, Shrubs, &c. to the Value of more than 1l. growing in a Pleasure Ground, &c. *Section 21: Destroying or damaging Trees, Shrubs, &c. to the Value of more than 5l. growing elsewhere than in a Pleasure Ground, &c.

Section 22: Damaging Trees, wheresoever growing, to the Amount of 1s

This section has been repealed for England and Wales and Northern Ireland. As originally enacted this section read: Indictment The following specimen count was formerly contained in paragraph 17 of th
Second Schedule
to the Indictments Act 1915 before it was repealed. *Section 23: Destroying any Fruit or vegetable Production in a Garden *Section 24: Destroying &c. vegetable Productions not growing in Gardens, &c.

Injuries to fences

*Section 25: Destroying, &c. any Fence, Wall, Stile, or Gate

Injuries to mines

*Section 26: Setting fire to a Coal Mine Section 27: Attempting to set fire to a Mine This section was repealed for England and Wales by section 10(2) of and Part III o
Schedule 3
to, the

. It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977 Sections 28 and 29 were repealed for England and Wales by sections 11(3) and (8) of, and Part I of the Schedule to, the

. They were repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426) (N.I. 4) *Section 28: Conveying Water into a Mine, obstructing the Shaft, &c. *Section 29: Damaging Steam Engines, Staiths, Waggon ways, &c. for working Mines

Injuries to sea and river banks, and to works on rivers, canals, etc.

Sections 30 to 34 were repealed for England and Wales by section 11(8) of, and Part I of the Schedule to, the

. They were repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426) (N.I. 4) *Section 30: Destroy any Sea Bank, or Wall on any Canal *Section 31: Removing the Piles of any Sea Bank, &c., or doing any Damage to obstruct the Navigation of a River or Canal

Injuries to ponds

*Section 32: Breaking down the Dam of a Fishery, &c. or Milldam, or poisoning Fish

Injuries to bridges, viaducts and toll bars

*Section 33: Injury to a public Bridge *Section 34: Destroying a Turnpike Gate, Toll House, &c.

Injuries to railway carriages and telegraphs

Section 35 - Placing wood, &c. on railway, with intent to obstruct or overthrow any engine, &c.

This section creates an offence in

England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is ...

and

Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. North ...

. It has been repealed for the

. It replaces section 6 of the Prevention of Offences Act 1851 (14 & 15 Vict. c.19) in so far as that section related to malicious injuries to property. It has the following form in England and Wales: The words in the first place were repealed by the

Statute Law Revision Act 1892 The Statute Law Revision Act 1892 (55 & 56 Vict c 19) is an Act of the Parliament of the United Kingdom. The Bill for this Act was the Statute Law Revision Bill 1892. This Act was repealed for the United Kingdom by Group 1 oPart IXof Schedule 1 ...

. The words "and, if a male under the age of sixteen years, with or without whipping" at the end were repealed by section 83(3) of, an
Part I
of Schedule 10 to, the

. This section was repealed in part for Northern Ireland by the

Statute Law Revision Act (Northern Ireland) 1954 The Statute Law Revision Act (Northern Ireland) 1954 (c. 35 (N.I.)) is an act of the Parliament of Northern Ireland. This act is one of the Statute Law Revision Acts (Northern Ireland) 1952 to 1954.The Statute Law Revision Act (Northern Ireland ...

. "Maliciously" See section 58. "Felony" See the

, the

Criminal Law Act (Northern Ireland) 1967 The Criminal Law Act (Northern Ireland) 1967 (c 18) (NI) is an Act of the Parliament of Northern Ireland. It makes similar provision to the Criminal Law Act 1967 for Northern Ireland. Section 2 This section was repealed barticle 90(2)of, and P ...

and the Criminal Law Act, 1997. "Penal servitude" See the

, section 1(1) and the Criminal Justice Act (Northern Ireland) 1953, section 1(1) Mode of trial In England and Wales, the offence under section 35 is an indictable-only offence. Sentence In England and Wales, an offence under section 35 is punishable with imprisonment for life or for any shorter term. See th
Crown Prosecution Service Sentencing Manual
In Northern Ireland, an offence under section 35 is punishable with imprisonment for life or for any shorter term. Early release of prisoners An offence under this section is an excluded offence for the purposes o
section 32
of the Criminal Justice Act 1982. Jurisdiction in Northern Ireland over offences committed in the Republic of Ireland An offence under this section is an extraterritorial offence for the purposes of the Criminal Jurisdiction Act 1975. Former jurisdiction in the Republic of Ireland over offences committed in the Northern Ireland Offences under this section were specified for the purposes o
section 2(1)
of the

Criminal Law (Jurisdiction) Act, 1976 Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law ...

Visiting Forces In England and Wales and Northern Ireland, an offence under this section is an offence against property for the purposes of section 3 of the Visiting Forces Act 1952.The Visiting Forces Act 1952
section 3(6)
and Schedule
paragraph 3(b)
/ref> Terrorism An offence under this section is a scheduled offence for the purposes o
Part VII
of the

Terrorism Act 2000 The Terrorism Act 2000 (c.11) is the first of a number of general Terrorism Acts passed by the Parliament of the United Kingdom. It superseded and repealed the Prevention of Terrorism (Temporary Provisions) Act 1989 and the Northern Ireland (Em ...

Section 36 - Obstructing engines or carriages on railways

This section creates an offence in

and the

. It replaces section 15 of the Railway Regulation Act 1840 (3 & 4 Vict c 97) in so far as that section related to malicious injuries to property. This section is similar to section 35, but requires no proof of specific intent. The maximum penalty is two years imprisonment. The main difference between these two provisions is the '' mens rea'', a specific intent being regarded as more culpable than recklessness or

negligence Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as ...

. "Maliciously" See section 58. "Misdemeanour" See the

, the

and the Criminal Law Act, 1997 Mode of trial In England and Wales, this offence is triable either way. Sentence In England and Wales, a person guilty of an offence under section 36 is liable, on conviction on indictment, to imprisonment for a term not exceeding two years, or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum, or to both. See th
Crown Prosecution Service Sentencing Manual
In

, a person guilty of an offence under section 36 is liable, on conviction on indictment, to imprisonment for a term not exceeding two years, or on summary conviction to imprisonment for a term not exceeding twelve months, or to a fine not exceeding the prescribed sum, or to both. Visiting Forces In England and Wales and Northern Ireland, an offence under this section is an offence against property for the purposes of section 3 of the Visiting Forces Act 1952.

Indictments of ss. 35 & 36

The following specimen counts were formerly contained in paragraph 16 of th
Second Schedule
to the Indictments Act 1915 before it was repealed. A book has suggested that these forms could safely be used as precedents despite their repeal. (Note: It is not necessary to specify the place where the offence allegedly took place unless it is material to the charge.) Sections 37 to 42 were repealed for England and Wales by section 11(8) of, and Part I of the Schedule to, the

. They were repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426) (N.I. 4) *Section 37: Injuries to Electric or Magnetic Telegraphs *Section 38: Attempt to Injure such Telegraphs

Injuries to works of art

Section 39: Destroying or damaging Works of Art in Museums, Churches, &c., or in Public Places

Injuries to cattle and other animals

*Section 40: Killing or maiming Cattle *Section 41: Killing or maiming other Animals

Injuries to ships

The heading "injuries to ships" was included in the Bill, but omitted from the Act as printed. It is thought that this was a mistake. *Section 42: Setting fire to a Ship Section 43: Setting fire to Ships to prejudice the Owner or Underwriters This section was repealed for England and Wales by section 10(2) of and Part I o
Schedule 3
to, the

. It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977. Section 44: Attempting to set fire to a Vessel This section was repealed for England and Wales by section 10(2) of and Part III o
Schedule 3
to, the

. It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977. Sections 45 and 46 were repealed for England and Wales by section 11(8) of, and Part I of the Schedule to, the

. They were repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426) (N.I. 4) *Section 45: Placing Gunpowder near a Vessel with Intent to damage it *Section 46: Damaging Ships otherwise than by Fire Sections 47 and 48 were repealed by sections 8(3) and (4) of, and paragraph 35 of Schedule 4 to, and Part II of Schedule 5 to, the Merchant Shipping (Registration, etc) Act 1993 *Section 47: Exhibiting false Signals, &c. *Section 48: Removing or concealing Buoys and other Sea Marks Sections 49 to 51 were repealed for England and Wales by section 11(8) of, and Part I of the Schedule to, the

. They were repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426) (N.I. 4) *Section 49: Destroying Wrecks or any Articles belonging thereto

Sending letters threatening to burn or destroy

*Section 50: Sending Letters threatening to burn or destroy Houses, Buildings, Ships, &c.

Injuries not before provided for

*Section 51: Person committing malicious Injuries not before provided for exceeding the Amount of 5l Sections 52 and 53 were repealed for by section 44 of, and Schedule 4 to, the

Criminal Justice Administration Act 1914 In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...

. They were repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426) (N.I. 4) *Section 52: Persons committing Damage to any Property, in any Case not previously provided for, may be committed or fined and compelled by a Justice to pay Compensation not exceeding 5l *Section 53: Preceding Section to extend to Trees

Making gunpowder to commit offences, and searching for the same

Sections 54 and 55 were repealed for England and Wales by section 11(8) of, and Part I of the Schedule to, the

. They were repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426) (N.I. 4). *Section 54: Making or having Gunpowder, &c. with Intent to commit any Felony against this Act *Section 55: Justices may issue Warrants for searching Houses, &c. for such Gunpowder, &c.

Other matters

Sections 56 and 57 were repealed for England and Wales by section 10(2) of and Part III o
Schedule 3
to, the

. They were repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977. *Section 56: Principals in the Second Degree and Accessories *Section 57: A Person loitering at Night and suspected of any Felony against this Act may be apprehended Section 58 – Malice against owner of property unnecessary This section provides that it is not necessary to prove malice against the owner of the damaged property. Sections 59 to 61 were repealed for England and Wales by section 11(8) of, and Part I of the Schedule to, the

. They were repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426) (N.I. 4). *Section 59: Provisions of this Act shall apply to Persons in possession of the Property injured *Section 60: Intent to injure or defraud particular Persons need not be stated in any Indictment *Section 61: Persons in the Act of committing any Offence may be apprehended without a Warrant Section 62: Mode of compelling the Appearance of Persons punishable on summary Conviction This section was repealed by section 4 of, and the Schedule to, the Summary Jurisdiction Act 1884. It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977. Sections 63 to 65 were repealed for England and Wales by section 11(8) of, and Part I of the Schedule to, the

. They were repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426) (N.I. 4). *Section 63: Abettors in Offences punishable on summary Conviction *Section 64: Application of Forfeitures and Penalties upon summary Convictions *Section 65: If a Person summarily convicted shall not pay, &c., the Justice may commit him Section 66: The Justice may discharge the Offender in certain Cases This section was repealed for England and Wales by section 83(3) of, an
Part I
of Schedule 10 to, the

. It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977. Section 67: A summary Conviction shall be a Bar to any other Proceeding for the same Cause This section were repealed for England and Wales by section 11(8) of, and Part I of the Schedule to, the

. It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426) (N.I. 4). Section 68: Appeal This section was repealed by section 56(4) of, and Part IV of Schedule 11 to, the Courts Act 1971. It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977. Section 69: No Certiorari, &c. This section was repealed by the Statute Law (Repeals) Act 1976. It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977. Section 70: Convictions to be returned to the Quarter Sessions This section was repealed by section 4 of, and the Schedule to, the Summary Jurisdiction Act 1884. It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977. Section 71: Venue in Proceedings against Persons acting under this Act This section was repealed by section 2 of, and the Schedule to, the

Public Authorities Protection Act 1893 In public relations and communication science, publics are groups of individual people, and the public (a.k.a. the general public) is the totality of such groupings. This is a different concept to the sociological concept of the ''Öffentlichkei ...

. It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977. Section 72 - Offences committed within the jurisdiction of the Admiralty This section deals with jurisdiction and essentially duplicates the Offences at Sea Act 1799,Offences at Sea Act 1799
( 39 Geo. III c. 37). and although still in force, is obsolete. The provision dealt mainly with

piracy Piracy is an act of robbery or criminal violence by ship or boat-borne attackers upon another ship or a coastal area, typically with the goal of stealing cargo and other valuable goods. Those who conduct acts of piracy are called pirates, v ...

and extended the jurisdiction of British courts to crimes committed by British subjects on the

high seas The terms international waters or transboundary waters apply where any of the following types of bodies of water (or their drainage basins) transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed region ...

. The words " deemed to be offences of the same nature and", and the words from " and may be dealt with " to the end, were repealed for England and Wales by section 10(2) of and Part III o
Schedule 3
to, the

. Section 73: Fine and Sureties for keeping the Peace; in what Cases The words " fine the offender, and," and the words from "and in case of any felony " to " authorized ", where next occurring, were repealed for England and Wales by section 10(2) of and Part III o
Schedule 3
to, the

. This section was repealed for England and Wales by section 8(2) of, and Part II of Schedule 5 to, the

Justices of the Peace Act 1968 A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a Judicial panel, panel of judges. A judge hears all the witnesses and any other Evidence (law), evidence presented by the barristers or s ...

. It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977. Section 74: Hard Labour This section was repealed by the

. It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977. Section 75: Solitary Confinement and Whipping This section was repealed for England and Wales by section 83(3) of, an
Part I
of Schedule 10 to, the

. It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977. Section 76: Summary Proceedings in England may be under the 11 & 12 Vict. c. 43., and in Ireland under the 14 & 15 Vict. c. 93 This section was repealed for England and Wales by section 11(8) of, and Part I of the Schedule to, the

. It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426) (N.I. 4). Section 77: The Costs of the Prosecution of Misdemeanors against this Act may be allowed This section was repealed by section 10(1) of, and the Schedule to, the Costs in Criminal Cases Act 1908. It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977. Section 78: Act not to extend to Scotland This section was repealed for England and Wales by section 11(8) of, and Part I of the Schedule to, the

. It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426) (N.I. 4). Section 79: Commencement of Act This section was repealed by the

. It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977.

Footnotes

References

* James Edward Davis, The Criminal Law Consolidation Statutes of the 24 & 25 of Victoria, Chapters 94 to 100: Edited with Notes, Critical and Explanatory, Butterworths, 1861, pp. v - xviii (introduction
The Criminal Law Consolidation Statutes of the 24 & 25 of Victoria: Chapters 94 to 100
and pp. 118 to 170 (complete annotated text of the Act
The Criminal Law Consolidation Statutes of the 24 & 25 of Victoria: Chapters 94 to 100
(from

Google Books Google Books (previously known as Google Book Search, Google Print, and by its code-name Project Ocean) is a service from Google Inc. that searches the full text of books and magazines that Google has scanned, converted to text using optical ...

). * List of repeals and amendments in the Republic of Ireland from th
Irish Statute Book

External links

The Malicious Damage Act 1861
as amended from the National Archives.
The Malicious Damage Act 1861
as originally enacted from the National Archives. {{UK legislation 1861 in law English criminal law United Kingdom Acts of Parliament 1861