In England and Wales the modern law of criminal damage is mostly contained in the 1971 Criminal Damage Act which redefines or creates several offences protecting property rights. The act provides a comprehensive structure including the most serious offences of arson and causing damage with intent to endanger life. Punishments vary from a fixed penalty to life imprisonment, and the court may order payment of compensation to a victim. In Scottish law, the term "fire raising" has always been used rather than arson though the meaning of the offence is the same.
Arson is a criminal act defined by the Criminal Damage Act 1971 and only offences that meet the definition of the act can be properly termed arson. The offence of criminal damage where the property is destroyed or damaged by fire is charged as arson under section 1(3) of the act.
Section 1(2) of the same act makes it an offence to destroy or damage property, intending thereby to endanger the life of another, or being reckless as to whether the life of another would thereby be endangered. If the damage is committed by fire, the offence is charged as arson with intent or being reckless as to whether the life of another would be thereby endangered.
Where the aggravated form of damaging property or arson is charged, the guidance from the Crown Prosecution Service is that specific counts should be preferred, as follows: