The Legal Framework and Minimum Sentences for Arson

Arson is criminal damage caused by fire and one of the more serious offences under the Criminal Damage Act 1971. It can result in anything from a community order to life imprisonment depending on the circumstances. With the right specialist defence, charges can be successfully contested, reduced or, where a guilty plea is appropriate, effectively mitigated. This page explains the law, the sentencing framework, and how Old Bailey Solicitors can help.

What is Arson: A Brief Overview

Arson, put very simply, is criminal damage caused by fire. The Criminal Damage Act 1971 defines criminal damage as the act of ‘destroying or damaging property, belonging to another, without lawful excuse’. This can be done intentionally or recklessly.

To better understand the law, let’s break down the elements:

1. Destroy or Damage – destroy means to render useless, damage means to cause time, effort or money to restore it to its original position.
2. By Fire – the damage or destruction must be caused by fire.
3. Property – any property which is tangible, whether real or personal. This can include land, buildings, personal possessions, money or vehicles to name a few.
4. Belonging to Another – the property must belong to another person, but could also include jointly-owned property (for example, a TV which a husband-and-wife share)
5. Without Lawful Excuse – there are three lawful excuses in law:
6. Belief in the consent of the owner;
7. Acting in self-defence;
8. The damage was caused whilst protecting the property in question, with an honest belief that the property needed protection (very difficult to prove for arson).
9. Intentionally OR Recklessly – Intentionally meaning to wish to bring about the resulting damage by fire. Recklessly meaning realising the risk of damage by fire, but proceeding anyway.

Examining the Sentence – what is the minimum?

There is no true ‘minimum’ punishment for the majority of offences in England and Wales. This owes to the fact that no two cases are the same, circumstances of any given case can have vast variances on the sentences available to the court.

The Sentencing Council publish a set of guidelines which indicates the sentence a person should receive on conviction of an offence. This is used as guidance for judges when deciding what sentence to pass.

In the case of the basic arson offence, the Sentencing Guidelines give a range of between a starting point of 4-years in custody to a low-level community order. You may be wondering why this range is so vast? Again, this is because of the potential differences between offences. Let’s consider further:

Person A has set fire to a bin on the side of the road. The bin is made of metal and the paper inside is burnt. The fire does not spread and goes out after a short while. The offence was committed on impulse as Person A was pressured into doing it by his friends as a joke.

Person B also set fire to a bin, but deliberately placed it inside a commercial warehouse using petrol as an accelerant, with the intention of burning the warehouse down for revenge against his employer. The resulting fire caused millions in damage.

Whilst both Person A and Person B have committed arson, the consequences of their respective actions are significantly different.  It is clear to see how disparate the impact of offences really can be. This is why there is no ‘minimum’ sentence for offences and each case is considered by the court on a case-by-case basis.

If you have been charged with arson, the sentencing range is wide and the outcome will depend heavily on the quality of your legal representation. Contact Old Bailey Solicitors today on 020 7846 4999 for immediate advice.

Aggravated Offence – Arson with Intent to Endanger Life

There is also an aggravated offence of arson, where a person intends or is reckless as to whether life would be endangered by their actions.

For a charge to be forthcoming for Arson with Intent to Endanger life, the suspect has to either intend – want to endanger life, or be reckless as to endangering life – realising the risk of burning a house with occupants at night time, for example.

Compared to the basic offence, the aggravated offence is treated much more seriously by the courts, and sentence for these offences, is equally higher.

Sentencing Guidelines – Aggravated Arson

In the case of aggravated arson, the minimum sentence a person could receive is a high-level community order. This might be in a case of being “reckless” as to whether life was endangered and very little damage caused/chance of life being endangered. Consider the above example for Person A but where the bin on the side of the road was instead mounted to the outside of a shop. The majority of cases of aggravated arson would have a much higher sentence.

The range of sentences for aggravated arson is from a starting point of 8-years in custody to 1-year in custody. In exceptional cases, the range of sentences could exceed 12-years in custody, with a maximum of life imprisonment being reserved for the most exceptional of cases.

Social and Psychological Dimensions

Arson cases frequently involve underlying psychological factors that are directly relevant to both culpability and sentencing. The following case illustrates how expert evidence in this area can make a significant difference to outcome.

A Case Study:

The resulting consequence of a long-standing drug and alcohol misuse issue, coupled with deeply embedded trauma led to our client setting fire to a vehicle. The client’s trauma meant that he had zero recollection of the events, but the evidence strongly pointed to our client having committed the offence.

Our team supported our client through the legal process. He had no previous convictions or experience of the criminal justice system. The world of crime can induce feelings of confusion, fear and uncertainty, especially for persons who have psychological problems. The present case was supported by the instruction of multiple psychologists and psychiatrists to assist in commenting on this dimension, ultimately identifying a series of mental health issues which had previously gone undiagnosed.

The expert reports were used in mitigation, giving essential context to the circumstances that had led to the offence. The result was a significantly more favourable sentence than would otherwise have been imposed, with the client avoiding an immediate custodial term. Expert evidence can be the difference between a custodial and a non-custodial sentence in arson cases. If you or someone you know is facing an arson charge, speak to our team today on 020 7846 4999 or email [email protected].

Arson is a serious and complex offence with potentially life-altering consequences. The sentencing range is wide and the outcome of any case depends on the specific facts, the quality of the defence, and how effectively mitigating factors are identified and presented.

If you have been accused of arson, or any form of criminal damage, early specialist advice can make a material difference to your case. Old Bailey Solicitors are committed to providing our clients with clear, honest and considered legal advice. We understand that no two cases or clients are the same, not their circumstances nor the offences alleged against them.  As such, our advice is non-judgmental and tailored to the specific facts of your case.  Contact Old Bailey Solicitors on 0207 8464 999 or email [email protected] to arrange an appointment.