Criminal Damage Act, 1991
Minor and consequential changes in existing law. |
14.—(1) The common law offence of arson is hereby abolished. | |
(2) The Malicious Damage Act, 1861 , is hereby amended— | ||
(a) by the substitution in section 37, for “Electric or Magnetic Telegraph”, of “telegraph (within the meaning of the Telegraph Acts, 1863 to 1916)”, and | ||
(b) by the substitution— | ||
(i) in section 40, for the words from “shall be liable” to the end of the section, and | ||
(ii) in section 41, for the words from “shall, on conviction thereof” to the end of the section, | ||
of “shall be liable— | ||
(a) on summary conviction, to a fine not exceeding £1,000 or imprisonment for a term not exceeding 12 months or both, and | ||
(b) on conviction on indictment, to a fine not exceeding £10,000 or imprisonment for a term not exceeding 10 years or both.”. | ||
(3) The abolition by subsection (1) of the common law offence of arson shall not affect the operation of section 2 of, and paragraph 3 of the Schedule to, the Criminal Law (Jurisdiction) Act, 1976 , and the repeal by section 15 of sections 1 to 7 of the Malicious Damage Act, 1861 , shall not affect the operation of those sections for the purposes of the said section 2 and paragraph 6 of the said Schedule; and accordingly the said section 2 and the said Schedule shall have effect as if subsection (1) and section 15 had not been enacted. | ||
(4) On the commencement of this subsection— | ||
(a) subsection (3) shall cease to have effect, | ||
(b) section 21 (2) of, and paragraph 3 of the Schedule to, the Criminal Law (Jurisdiction) Act, 1976 , shall be repealed, and | ||
(c) the following paragraphs shall be substituted for paragraph 6 of the said Schedule:— | ||
“Criminal Damage | ||
6. Any offence under section 35 (interference with railway) of the Malicious Damage Act, 1861 . | ||
6A. Any offence under subsections (1) and (4) or subsections (2) and (4) of section 2 of the Criminal Damage Act, 1991 (arson).”. |