Criminal Damage

Question 1

What legislation covers criminal damage?

Answer 1

Criminal Damage Act 1971

Question 2

What is volume crime?

Answer 2

Crime which, through its sheer volume, has a significant impact on the community and the ability of the local police to tackle it

Question 3

What legislation covers ‘simple damage’ with regard to criminal damage?

Answer 3

Section 1 (1) of Criminal Damage Act 1971

Question 4

What is ‘simple damage’ with regard to S1 (1) of the criminal damage act 1971?

Answer 4

Destroying or damaging any property belonging to another with the intention to do so OR being reckless as to whether it would be destroyed or damaged

Question 5

Under section 1(1) of the criminal damage act 1971 can you destroy / cause simple damage to your own property?

Answer 5

No. You can only cause simple damage to property belonging to another (unless it is with the intent to endanger life then under S1(2) you can be charged for destroying your own property)

Question 6

What legislation covers destruction / damage property with the intent to endanger life?

Answer 6

Section 1 (2) of Criminal Damage Act 1971

Question 7

What does section 1 (2) of the criminal damage act 1971 act say?

Answer 7

Damaging property with the intent to endanger life of another

Question 8

What legislation covers criminal damage by fire?

Answer 8

Section 1 (3) criminal damage act 1971

Question 9

What offence does section 1 (3) of the Criminal Damage Act 1971 cover?

Answer 9

Criminal damage by fire

Question 10

Does criminal damage have to be intentional?

Answer 10

No. It can be either intentional or reckless.

Question 11

What legislation covers making threats to cause criminal damage?

Answer 11

Section 2 Criminal Damage Act 1971

Question 12

What legislation covers possessing articles to cause criminal damage?

Answer 12

Section 3 of the Criminal Damage Act 1971

Question 13

What offence does section 2 of the Criminal Damage Act 1971 outline?

Answer 13

Making threats to destroy or damage property

Question 14

What offence does Section 3 of Criminal Damage Act 1971 outline?

Answer 14

Possessing articles / anything with intent to destroy or damage property (cause criminal damage)

Question 15

What does section 1 (1) of the Criminal Damage Act 1971 state?

Answer 15

That a person who, without lawful excuse, destroys or damages any property belonging to another, intending to, or being reckless as to whether any such property would be destroyed or damaged is guilty of an offence

Question 16

Can someone be guilty of criminal damage intending to endanger the life of another (or being reckless as to whether the life of another would be endangered) if they damage their own property?

Answer 16

Yes. It doesn’t matter if it’s a persons own property or another they damage / destroy IF they endanger the life of another (either intentionally or recklessly)

Question 17

According to the legislation, under what circumstances would someone not be guilty of criminal damage?

Answer 17

If they have a lawful excuse.
This would be if they believed they had consent to damage it,
They honestly believed (even wrongly) they owned it,
They damaged it in order to protect property they believed needed protecting (though the damage must be reasonable given the circumstances)

Question 18

With regard to criminal damage would wrongly, but honestly, believing you owned a vase and subsequently smashing it for use in an art project be criminal damage?

Answer 18

No. You had a lawful excuse in that you honestly believed it was your property even though this belief was incorrect

Question 19

With regard to criminal damage, does the damage / destruction inflicted on property have to be permanent?

Answer 19

The damage / destruction does not have to be permanent and can be temporary

Question 20

Would making property less valuable count as destroying or damaging property under criminal damage legislation?

Answer 20

Yes. Destroy or damage could be things like burning, smashing a window, making it less useful, less valuable, defacing it (like graffiti), make unworkable etc

Question 21

If someone paints their neighbours fence with paint that washes off could this count as destroying / damaging their neighbours property under criminal damage legislation?

Answer 21

Yes. Defacing property (even if not permanent) would count as destroying / damaging it

Question 22

With respect to criminal damage legislation, can animals be property that can be destroyed or damaged?

Answer 22

Yes. Animals can be property providing they belong to someone and are normally kept in captivity

Question 23

What is intentional damage / destruction of property with respect to criminal damage?

Answer 23

Deliberately meaning to destroy / damage the property of another.

Accidental damage can’t be intentional but if someone intends to damage property and accidentally damages someone else’s this is still intentional and is known as transferred malice.

Question 24

If juniper intends to smash Justinas car window but misses and accidentally smashed a third parties window is this intentional criminal damage?

Answer 24

Yes. This is transferred malice as juniper intended to inflict damage on someone else’s property but accidentally damaged someone else’s

Question 25

What is being reckless with respect to criminal damage?

Answer 25

Being aware of a risk that exists, or will exist, and acting with little or no regard to the consequences

Question 26

If Jack turns his back to a building and throws rocks over his shoulder towards the windows, unaware of whether any of the rocks would hit the glass, could this be criminal damage?

Answer 26

Yes. This could be considered reckless

Question 27

What type of offence is arson with intent and what are the sentencing guidelines?

Answer 27

Indictable only (crown court) with a maximum imprisonment of life

Question 28

What type of offence is simple damage with respect to criminal damage? What are the sentencing guidelines?

Answer 28

Damage under £5000 is summary offence only (magistrates court) - maximum sentence of 3 months in prison and / or a fine

Damage over £5000 is an either way offence (magistrates or crown court) - maximum sentence of 6 months in prison and / or a fine (magistrates) OR
maximum of 10 years imprisonment (crown court)

Question 29

What type of offence is criminal damage with intent to endanger life?

Answer 29

Indictable offence only (crown court)

Question 30

What legislation covers racially and religiously aggregated criminal damage?

Answer 30

Section 30 of the Crime and Disorder Act 1998

Question 31

What type of criminal damage does section 30 of the Crime and Disorder Act 1998 (racially and religiously aggregated criminal damage) apply to?

Answer 31

Simple criminal damage (section 1(1) of the Criminal Damage Act 1971) as the sentencing options for arson and criminal damage with intent to endanger life are already in line with section 30

Question 32

What does Section 30 of the Crime and Disorder Act 1998 cover?

Answer 32

Racially and religiously aggregated criminal damage (simple damage only - S1 (1) of the Criminal Damage Act 1971)

Question 33

What affect does Section 30 of the Crime and Disorder Act 1998 (racially and religiously aggregated criminal damage) have on the offence type and sentencing options for simple criminal damage?

Answer 33

Makes it an either way offence with up to 14 years on indictment (crown court)

Question 34

What type of criminal damage does Section 30 of the Crime and Disorder Act 1998, regarding racially and religiously aggregated criminal damage, apply to?

Answer 34

Simple damage (section 1 (1) of the criminal damage act 1971) NOT damage / arson with intent to endanger life

Question 35

Jackie and June are having a fight and in her frustration Jackie picks up her watch off the table and throws it across the room smashing it. Unbeknownst to Jackie June just bought a new watch identical to hers and she has actually smashed Junes watch. Is jackie guilty of criminal damage?

Answer 35

No because she honestly believed it was her own property she was damaging

Question 36

Walking home Jesus sees a house on fire. He breaks the lock on the front shed of the house and finds a hose to put the fire out thinking the owners would want him to do this. Has Jesus committed criminal damage?

Answer 36

No. Although it is not his property and he doesn’t have the owners explicit consent, he has a lawful excuse as he is preventing further damage to the owners property and the damage was reasonable in the circumstances

Question 37

Judd has had a fight with his girlfriend. In anger he puts burning rags through the letterbox of the house he owns believing the fire will put itself and his girlfriend is at the back of the house anyway so isn’t in danger. Has Judd committed criminal damage?

Answer 37

Yes. He has committed arson with intent to endanger life. It doesn’t matter that he owns the house or that he thought it would put itself out, his actions were reckless - he was aware of the risk but acted with little regard to the consequences