Malicious Damage Act 1861

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.

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The proviso to this section was repealed for England and Wales by section 10(2) of and Part III of Schedule 3 to, the Criminal Law Act 1967.

Section 13: Tenants of Houses, &c. maliciously injuring them

Section 14: Destroying Goods in Process of Manufacture, certain Machinery, &c.
Section 15: Destroying Machines in, other Manufactures, Threshing Machines, &c.

Section 25: Destroying, &c. any Fence, Wall, Stile, or Gate

Section 32: Breaking down the Dam of a Fishery, &c. or Milldam, or poisoning Fish

Section 39: Destroying or damaging Works of Art in Museums, Churches, &c., or in Public Places

Section 50: Sending Letters threatening to burn or destroy Houses, Buildings, Ships, &c.

Sections 54 and 55 were repealed for England and Wales by section 11(8) of, and Part I of the Schedule to, the Criminal Damage Act 1971. They were repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977 (S. I. 1977/426) (N. I. 4).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 54: Making or having Gunpowder, &c. with Intent to commit any Felony against this Act
Section 55: Justices may issue Warrants for searching Houses, &c. for such Gunpowder, &c.