Malicious Damage Act 1861


The Malicious Damage Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. 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 , 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.

Injuries by fire to buildings, and goods therein

The following words were repealed for England and Wales by section 83 of, and of Schedule 10 to, the Criminal Justice Act 1948:
Sections 1 to 7 were repealed for England and Wales by section 11 of, and Part I of the Schedule to, the Criminal Damage Act 1971. They were repealed for Northern Ireland by the Criminal Damage Order 1977
The following specimen counts were formerly contained in paragraph 14 of the to the Indictments Act 1915 before it was repealed.
The following specimen count was formerly contained in paragraph 15 of the to the Indictments Act 1915 before it was repealed.
Section 8: Attempting to set fire to Buildings
This section was repealed for England and Wales by section 10 of and Part III of to, the Criminal Law Act 1967. It was repealed for Northern Ireland by the Criminal Damage Order 1977

Injuries by explosive substances to buildings and goods therein

Sections 9 to 26 were repealed for England and Wales by section 11 of, and Part I of the Schedule to, the Criminal Damage Act 1971. They were repealed for Northern Ireland by the Criminal Damage Order 1977
Section 12: Rioters injuring Building, Machinery, &c.
The proviso to this section was repealed for England and Wales by section 10 of and Part III of to, the Criminal Law Act 1967.

Injuries to buildings by tenants

This section has been repealed for England and Wales and Northern Ireland. As originally enacted this section read: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The following specimen count was formerly contained in paragraph 17 of the to the Indictments Act 1915 before it was repealed.
Section 27: Attempting to set fire to a Mine
This section was repealed for England and Wales by section 10 of and Part III of to, the Criminal Law Act 1967. It was repealed for Northern Ireland by the Criminal Damage Order 1977
Sections 28 and 29 were repealed for England and Wales by sections 11 and of, and Part I of the Schedule to, the Criminal Damage Act 1971. They were repealed for Northern Ireland by the Criminal Damage Order 1977
Sections 30 to 34 were repealed for England and Wales by section 11 of, and Part I of the Schedule to, the Criminal Damage Act 1971. They were repealed for Northern Ireland by the Criminal Damage Order 1977

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 and Northern Ireland. It has been repealed for the Republic of Ireland.
It replaces section 6 of the Prevention of Offences Act 1851 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 words "and, if a male under the age of sixteen years, with or without whipping" at the end were repealed by section 83 of, and of Schedule 10 to, the Criminal Justice Act 1948.
This section was repealed in part for Northern Ireland by the Statute Law Revision Act 1954.
"Maliciously"
See section 58.
"Felony"
See the Criminal Law Act 1967, the Criminal Law Act 1967 and the Criminal Law Act, 1997.
"Penal servitude"
See the Criminal Justice Act 1948, section 1 and the Criminal Justice Act 1953, section 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 the .
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 of 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 of of the Criminal Law Act, 1976
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.
Terrorism
An offence under this section is a scheduled offence for the purposes of of the Terrorism Act 2000.

Section 36 - Obstructing engines or carriages on railways

This section creates an offence in England and Wales, Northern Ireland and the Republic of Ireland.
It replaces section 15 of the Railway Regulation Act 1840 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.
"Maliciously"
See section 58.
"Misdemeanour"
See the Criminal Law Act 1967, the Criminal Law Act 1967 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 the .
In Northern Ireland, 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 the 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.
Sections 37 to 42 were repealed for England and Wales by section 11 of, and Part I of the Schedule to, the Criminal Damage Act 1971. They were repealed for Northern Ireland by the Criminal Damage Order 1977
Section 39: Destroying or damaging Works of Art in Museums, Churches, &c., or in Public Places

Injuries to cattle and other animals

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 43: Setting fire to Ships to prejudice the Owner or Underwriters
This section was repealed for England and Wales by section 10 of and Part I of to, the Criminal Law Act 1967. It was repealed for Northern Ireland by the Criminal Damage Order 1977.
Section 44: Attempting to set fire to a Vessel
This section was repealed for England and Wales by section 10 of and Part III of to, the Criminal Law Act 1967. It was repealed for Northern Ireland by the Criminal Damage Order 1977.
Sections 45 and 46 were repealed for England and Wales by section 11 of, and Part I of the Schedule to, the Criminal Damage Act 1971. They were repealed for Northern Ireland by the Criminal Damage Order 1977
Sections 47 and 48 were repealed by sections 8 and of, and paragraph 35 of Schedule 4 to, and Part II of Schedule 5 to, the Merchant Shipping Act 1993
Sections 49 to 51 were repealed for England and Wales by section 11 of, and Part I of the Schedule to, the Criminal Damage Act 1971. They were repealed for Northern Ireland by the Criminal Damage Order 1977
Sections 52 and 53 were repealed for by section 44 of, and Schedule 4 to, the Criminal Justice Administration Act 1914. They were repealed for Northern Ireland by the Criminal Damage Order 1977
Sections 54 and 55 were repealed for England and Wales by section 11 of, and Part I of the Schedule to, the Criminal Damage Act 1971. They were repealed for Northern Ireland by the Criminal Damage Order 1977 .
Sections 56 and 57 were repealed for England and Wales by section 10 of and Part III of to, the Criminal Law Act 1967. They were repealed for Northern Ireland by the Criminal Damage Order 1977.
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 of, and Part I of the Schedule to, the Criminal Damage Act 1971. They were repealed for Northern Ireland by the Criminal Damage Order 1977 .
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 Order 1977.
Sections 63 to 65 were repealed for England and Wales by section 11 of, and Part I of the Schedule to, the Criminal Damage Act 1971. They were repealed for Northern Ireland by the Criminal Damage Order 1977 .
Section 66: The Justice may discharge the Offender in certain Cases
This section was repealed for England and Wales by section 83 of, and of Schedule 10 to, the Criminal Justice Act 1948. It was repealed for Northern Ireland by the Criminal Damage 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 of, and Part I of the Schedule to, the Criminal Damage Act 1971. It was repealed for Northern Ireland by the Criminal Damage Order 1977 .
Section 68: Appeal
This section was repealed by section 56 of, and Part IV of Schedule 11 to, the Courts Act 1971. It was repealed for Northern Ireland by the Criminal Damage Order 1977.
Section 69: No Certiorari, &c.
This section was repealed by the Statute Law Act 1976. It was repealed for Northern Ireland by the Criminal Damage 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 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. It was repealed for Northern Ireland by the Criminal Damage 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, and although still in force, is obsolete. The provision dealt mainly with piracy and extended the jurisdiction of British courts to crimes committed by British subjects on the high seas.
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 of and Part III of to, the Criminal Law Act 1967.
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 of and Part III of to, the Criminal Law Act 1967. This section was repealed for England and Wales by section 8 of, and Part II of Schedule 5 to, the Justices of the Peace Act 1968. It was repealed for Northern Ireland by the Criminal Damage Order 1977.
Section 74: Hard Labour
This section was repealed by the Statute Law Revision Act 1892. It was repealed for Northern Ireland by the Criminal Damage Order 1977.
Section 75: Solitary Confinement and Whipping
This section was repealed for England and Wales by section 83 of, and of Schedule 10 to, the Criminal Justice Act 1948. It was repealed for Northern Ireland by the Criminal Damage 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 of, and Part I of the Schedule to, the Criminal Damage Act 1971. It was repealed for Northern Ireland by the Criminal Damage Order 1977 .
Section 77: The Costs of the Prosecution of Misdemeanors against this Act may be allowed
This section was repealed by section 10 of, and the Schedule to, the Costs in Criminal Cases Act 1908. It was repealed for Northern Ireland by the Criminal Damage Order 1977.
Section 78: Act not to extend to Scotland
This section was repealed for England and Wales by section 11 of, and Part I of the Schedule to, the Criminal Damage Act 1971. It was repealed for Northern Ireland by the Criminal Damage Order 1977 .
Section 79: Commencement of Act
This section was repealed by the Statute Law Revision Act 1892. It was repealed for Northern Ireland by the Criminal Damage Order 1977.

Footnotes