Arson, the common term for criminal damage by fire, is treated as a very serious offence due to the risk of substantial harm to property, livelihoods and human lives.
A study conducted by the National Fire Chiefs Council revealed that out of the 178,311 fires reported in 2017–2018, a surprising 86,981, or 48.78%, were due to arson.
Arson as Defined by UK Law
Arson offences are covered by the Criminal Damage Act 1971.
Under section 1 of the Criminal Damage Act 1971, a person commits the offence of arson if they, without lawful excuse, destroy or damage any property by fire, intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged. Offences of arson can be tried in either the magistrates’ court or the crown court. Arson is one of the few offences in the UK to carry the highest penalty of life imprisonment.
Types of Arson
Arson can be divided into two categories:
a. Simple arson
Simple arson involves deliberately setting fire to property that belongs to another person, without any intention to endanger lives or without being reckless as to whether lives would be endangered. Circumstances that fall under this category might include setting fire to a car in a field or setting fire to commercial premises outside of normal working hours. This type of offence can be dealt with by either a magistrates’ court or a crown court.
How sentencing is determined for simple arson
When determining an appropriate sentence, the courts begin by considering the degree of culpability and harm involved.
Culpability
Culpability refers to the level of the offender’s blameworthiness when committing the offence. Among the factors considered by the court will be the degree of premeditation and planning, as well as the level of damage or injury intended. The degree of culpability is established by weighing up all the features of the case and comparing them to the examples contained within the guidelines set down by the Sentencing Council.
1. High culpability
a. High degree of planning or premeditation
b. Revenge attack
c. Use of accelerant
d. Intention to cause very serious damage to property
e. Intention to create a high risk of injury to persons
2. Medium culpability
a. Some planning
b. Recklessness as to whether very serious damage would be caused to property
c. Recklessness as to whether serious injury would be caused to persons
d. Other cases that fall between categories A and C because:
- Factors are present in A and C which balance each other out and/or.
- The offender’s culpability falls between the factors described in A and C.
3. Lesser culpability
a. Little or no planning; the offence was committed on impulse
b. Recklessness as to whether some damage to property would be caused
c. The offender’s responsibility is substantially reduced by mental disorder or learning disability
d. Involvement through coercion, intimidation or exploitation
Harm
The harm caused by the arson is another crucial factor to consider when determining the appropriate sentence. Courts consider the extent of the property damage, any injuries sustained by individuals as a direct result of the fire, and the potential risk to human life during the incident.
The following categories determine the level of harm in an arson case:
Category 1
- Serious physical and/or psychological harm caused
- Serious consequential economic or social impact
- High value of damage caused
Category 2
- Harm that falls between categories 1 and 3
Category 3
- No or minimal physical and/or psychological harm caused
- Low value of damage caused
In summary:
| HARM | CULPABILITY | ||
| A | B | C | |
| CATEGORY 1 | Starting point
4 years in custody |
Starting point
1 year and 6 months in custody |
Starting point
9 months in custody |
| Category range
2 – 8 years in custody |
Category range
9 months – 3 years in custody |
Category range
6 – 18 months in custody |
|
| CATEGORY 2 | Starting point
2 years in custody |
Starting point
9 months in custody |
Starting point
High level community order |
| Category range
1 – 4 years in custody |
Category range
6 – 18 months in custody |
Category range
Medium level community order – 9 months in custody |
|
| CATEGORY 3 | Starting point
1 year in custody |
Starting point
High level community order |
Starting point
Low level community order |
| Category range
6 months – 2 years in custody |
Category range
Medium level community order – 9 months in custody |
Category range Discharge – High level community order |
|
b. Arson with the intent to endanger life
This offence is known as “aggravated arson” and is committed if a person damages property by fire either intending to endanger life or being reckless as to whether life would be endangered. It is not a requirement that the property belongs to another person, and it can be any property, including that of the defendant. This type of arson can only be dealt with by the crown court and carries a maximum sentence of life imprisonment.
How sentencing is determined for aggravated arson
As with simple arson, the court will determine the sentencing for arson with the intent to endanger life by assessing the level of culpability and harm involved.
Culpability
According to the guidelines provided by the Sentencing Council, culpability for aggravated arson is divided into two categories: A is for intent and B is for recklessness.
Culpability A
- Offender intended to endanger life
Culpability B
- Offender was reckless as to whether life was endangered
Harm
To determine the appropriate sentence, the court will also assess the level of harm caused by the offence, including the extent of property damage, the physical and psychological injuries sustained by the affected individuals, and the social and economic impact of the incident.
The following categories determine the level of harm in a case of arson with the intent to endanger life:
Category 1
- Very serious physical and/or psychological harm caused
- High risk of very serious physical and/or psychological harm
- Serious consequential economic or social impact of offence caused
- Very high value of damage caused
Category 2
- Significant physical and/or psychological harm caused
- Significant risk of serious physical and/or psychological harm
- Significant value of damage caused
- All other harm that falls between categories 1 and 3
Category 3
- No or minimal physical and/or psychological harm caused
- Low risk of serious physical and/or psychological harm
- Low value of damage caused
In summary:
| HARM | CULPABILITY | |
| A | B | |
| CATEGORY 1 | Starting point
8 years in custody |
Starting point
6 years in custody |
| Category range
5 – 12 years in custody |
Category range
4 – 10 years in custody |
|
| CATEGORY 2 | Starting point
6 years in custody |
Starting point
4 years in custody |
| Category range
4 – 8 years in custody |
Category range
2 – 6 years in custody |
|
| CATEGORY 3 | Starting point
2 years in custody |
Starting point
1 year in custody |
| Category range
6 months – 4 years in custody |
Category range
High level community order – 2 years and 6 months in custody |
|
Having determined the sentencing category for an offence, the courts will then consider any aggravating and mitigating factors to arrive at the appropriate sentence. Examples of aggravating factors include:
- Previous convictions
- Offence committed whilst under the influence of alcohol or drugs
- Offence committed for financial gain
- Offence committed in a domestic context
- Damage caused to heritage and/or cultural assets
Examples of mitigating factors include:
- No previous convictions
- Remorse
- Age and/or lack of maturity
- Good character
A person convicted of an offence of arson can be considered a dangerous offender under the provisions of the Sentencing Act 2020. This means the courts will also consider whether it would be appropriate to impose an extended sentence or a life sentence.
Conclusion
According to UK law, arson is a serious criminal offence with varying degrees of severity based on intent and the level of danger posed to others. The two main types of arson are simple arson and arson with intent which can be committed either intentionally or recklessly. When determining an appropriate sentence, the courts will consider the offender’s culpability and the extent of harm caused as well as any other relevant aggravating or mitigating factors.
It is important for anyone facing a charge of arson to seek advice from a qualified solicitor with expertise in criminal law. This will help ensure they are fairly represented and their legal rights are protected. At Wheldon Law, our team of criminal law specialists are always ready to offer some free preliminary legal advice.