Malicious Damage Act 1861-The Daily Ledger

The Malicious Damage Act 1861 (24 & 25 Vict c 97) is an Act of the Parliament of the United Kingdom of Great Britain and Ireland (as it then was). It consolidated provisions related to malicious damage from a number of earlier statutes 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 until 1991 and still applies in some Commonwealth countries which were parts of the British Empire in 1861, such as Sierra Leone.

Malicious Damage Act 1861

Injuries by fire to buildings, and goods therein

The following words were repealed for England and Wales by section 83(3) of, and Part I of Schedule 10 to, the Criminal Justice Act 1948: In sections 1 to 10, 14 to 21, 23, 26 to 33, 42 to 48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"

Malicious Damage Act 1861

Sections 1 to 7 were repealed for England and Wales by section 11(8) of, and Part I of the Schedule to, the Criminal Damage Act 1971. They were repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426) (N.I. 4)

Malicious Damage Act 1861

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counts were formerly contained in paragraph 14 of the Second Schedule to the Indictments Act 1915 before it was repealed.

The following specimen count was formerly contained in paragraph 15 of the Second Schedule to the Indictments Act 1915 before it was repealed.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 of Schedule 3 to, the Criminal Law Act 1967. 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 Criminal Damage Act 1971. 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 of Schedule 3 to, the Criminal Law Act 1967.

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.