Criminal Defence
Criminal Damage Offences
Criminal Damage
Examples of Criminal Damage include:
- ▸ Damaging motor vehicles
- ▸ Graffiti to walls/buildings
- ▸ Smashing fences/ windows
- ▸ Altering or destroying street signs
- ▸ Damaging items in a house like doors or TVs
The offence of criminal damage is designed to protect people’s property from the unlawful actions of others. Section 1 of the Criminal Damage Act 1971 creates the offence of simple ‘criminal damage’.
Section 1 — Criminal Damage Act 1971
Offences
A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence. Criminal Damage Act 1971, s 1(1)
Points to Prove
- ✓ without lawful excuse
- ✓ destroyed/damaged
- ✓ property to value of (specify value where known)
- ✓ intending to
- ✓ destroy/damage such property
OR
- ✓ being reckless whether it was destroyed/damaged
Allocation and Punishment
Punishment criminal damage (other than by fire)
Criminal damage: triable only in the Magistrates Court if value involved does not exceed £5,000. Maximum: Level 4 fine and/or 3 months imprisonment
Triable either way (in the Magistrates Court or the Crown Court) if value involved exceeds £5,000: Maximum when tried summarily: Level 5 fine and/or 6 months imprisonment. Maximum when tried on indictment: 10 years imprisonment
Racially or religiously aggravated criminal damage
Racially or religiously aggravated criminal damage: triable either way – in the Magistrates Court or the Crown Court.
Maximum when tried in the Crown Court on indictment: 14 years imprisonment
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