Criminal Damage Act 1971

Question 1

Criminal Damage

Sect 1 Criminal Damage Act 1971

Definition
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

Answer 1

Lawful excuse - Person believed they would be entitled to damage/destroy property

Non permanent damage-Mud/eggs on wall can be cleaned off with little effort/no cost

Triable Summary / Either Way
3 months / 10 years imprisonment

Question 2

Threats to Destroy or Damage Property

Sect 2 Criminal Damage Act 1971

Definition
A person who without lawful excuse makes to another a threat, intending that the other would fear it would be carried out, (a) to destroy or damage property belonging to another or a third person (b) destroys or damages his own property in a way which he knows is likely to endanger the life of that person or a third person shall be guilty of an offence

Answer 2

Conduct must refer to damage
Extent of threatened damage must constitute an offence

Triable Either Way
Up to 10 years imprisonment

Question 3

Possessing Anything With Intent to Destroy or Damage Property

Sect 3 Criminal Damage Act 1971

Definition
A person who has anything in his custody or under his control intending without lawful excuse to use it or cause or permit another to use it, (a) to destroy or damage any property belonging to other person or (b) to destroy or damage his own property in a way which he knows is likely to endanger life of another person shall be guilty of an offence

Answer 3

Under his control - Hidden items close by to use
In his custody - On his person

Triable - Either Way
Up to 10 years imprisonment