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,[2] incorporated with little or no variation in their phraseology.

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counts were formerly contained in paragraph 14 of the Second Schedule to the Indictments Act 1915 before it was repealed.

A.B., on the   day of  , in the county of  , maliciously set fire to a house with intent to injure or defraud.The following specimen count was formerly contained in paragraph 15 of the Second Schedule to the Indictments Act 1915 before it was repealed.

A.B., arson, contrary to section 3 of the Malicious Damage Act, 1861; C.D., accessory before the fact to same offence.

A.B., on the   day of  , in the county of  , set fire to a house with intent to injure or defraud.

to commit the said offence.Section 8: Attempting to set fire to Buildings This section was repealed for England and Wales by section 10(2) of and Part III of Schedule 3 to, the Criminal Law Act 1967.

It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977 Sections 9 to 26 were repealed for England and Wales by section 11(8) of, and Part I of the Schedule to, the Criminal Damage Act 1971.

As originally enacted this section read: Whosoever shall unlawfully and maliciously cut, break, bark, root up, or otherwise destroy or damage the whole or any Part of any Tree, Sapling, or Shrub, or any Underwood, wheresoever the same may be growing, the Injury done being to the Amount of One Shilling at the least, shall, on Conviction thereof before a Justice of the Peace, at the Discretion of the Justice, either be committed to the Common Gaol or House of Correction, there to be imprisoned only, or to be imprisoned and kept to Hard Labour for any Term not exceeding Three Months, or else shall forfeit and pay, over and above the Amount of the Injury done, such Sum of Money, not exceeding Five Pounds, as to the Justice shall seem meet; and whosoever, having been convicted of any such Offence, either against this or any former Act of Parliament, shall afterwards commit any of the said Offences in this Section before mentioned, and shall be convicted thereof in like Manner, shall for such Second Offence be committed to the Common Gaol or House of Correction, there to be kept to Hard Labour for such Term, not exceeding Twelve Months, as the convicting Justice shall think fit; and whosoever, having been twice convicted of any such Offence (whether both or either of such Convictions shall have taken place before or after the passing of this Act), shall afterwards commit any of the said Offences in this Section before mentioned, shall be guilty of a Misdemeanor, and being convicted thereof shall be liable, at the Discretion of the Court, to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement, and, if a Male Age of Sixteen Years or younger, with or without hard workIndictment The following specimen count was formerly contained in paragraph 17 of the Second Schedule to the Indictments Act 1915 before it was repealed.

A.B., on the   day of  , in the county of  , maliciously damaged an oak tree there growing.

It was repealed for Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977 Sections 28 and 29 were repealed for England and Wales by sections 11(3) and (8) of, and Part I of the Schedule to, the Criminal Damage Act 1971.

4) This section creates an offence in England and Wales and Northern Ireland.

[7] It has the following form in England and Wales: Whosoever shall unlawfully and maliciously cut, place, cast, or throw upon or across any railway any wood, stone, or other matter or thing, or shall unlawfully and maliciously take up, remove, or displace any rail, sleeper, or other matter or thing belonging to any railway, or shall unlawfully and maliciously turn, move, or divert any points or other machinery belonging to any railway, or shall unlawfully and maliciously make or show, hide or remove, any signal or light upon or near to any railway, or shall unlawfully and maliciously do or cause to be done any other matter or thing, with intent, in any of the cases aforesaid, to obstruct, upset, overthrow, injure, or destroy any engine, tender, carriage, or truck using such railway, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for life .

[8]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(3) of, and Part I of Schedule 10 to, the Criminal Justice Act 1948.

Sentence In England and Wales, an offence under section 35 is punishable with imprisonment for life or for any shorter term.

In Northern Ireland, an offence under section 35 is punishable with imprisonment for life or for any shorter term.

The main difference between these two provisions is the mens rea, a specific intent being regarded as more culpable than recklessness or negligence.

Whosoever, by any unlawful act, or by any wilful omission or neglect, shall obstruct or cause to be obstructed any engine or carriage using any railway, or shall aid or assist therein, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, .

[18] 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,[19] 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.

[22] 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.

[14] The following specimen counts were formerly contained in paragraph 16 of the Second Schedule to the Indictments Act 1915 before it was repealed.

A.B., on the   day of  , in the county of  , displaced a sleeper belonging to the Great Western Railway with intent to obstruct, upset, overthrow, injure, or destroy any engine, tender, carriage or truck using the said railway.

Obstructing railway, contrary to section 36 of the Malicious Damage Act, 1861.

A.B., on the   day of  , in the county of  , by unlawfully displacing a sleeper belonging to the Great Western Railway did obstruct or cause to be obstructed an engine or carriage using the said railway.A book has suggested that these forms could safely be used as precedents despite their repeal.

4) Section 39: Destroying or damaging Works of Art in Museums, Churches, &c., or in Public Places The heading "injuries to ships" was included in the Bill, but omitted from the Act as printed.

Section 72 - Offences committed within the jurisdiction of the Admiralty This section deals with jurisdiction and essentially duplicates the Offences at Sea Act 1799,[27] and although still in force, is obsolete.

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(2) of and Part III of Schedule 3 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(2) of and Part III of Schedule 3 to, the Criminal Law Act 1967.