Criminal Damage Ch.20

Question 1

Describe the offence of Criminal Damage as is outlined under S.1 of the Criminal Damage Act

Answer 1

An offence is committed by someome who without lawful excuse;
Destroys or damages property belonging to another imtending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged.

Triable either way:
Summarily - (less than £5,000) fine and/ or six months imprisonment.
Indictment - Ten years imprisonment (14 years if the damage is religiously/ racially aggravated.

Question 2

Outline the approproate test for recklessness for criminal damage

Answer 2

A person acts recklessly within the meaning of S1 of the Criminal Damage Act (1971) with respect to:
i) A circumstance when they are aware of a risk which exists or will exist.
ii) A result when they are aware of a risk which will occur.
And within the circumstances known to rhem unreasomable to take the risk.

Question 3

Outline rhe offence of Aggravated Criminal Damage (endangering life) under S1.2 of the Criminal Damage Act 1971

Answer 3

A person who destroys or damages property intenting (or beinf reckless as) to endanger life.
To prove the offence there is a necessity to prove that the damage was caused intentionally or recklessly and there was potential for another to be harmed as a result.
The damage caused must be the cause of danger, eg shooting someone through a car window would not be covered as it is the bullet endangering their life not the damage to the window.
Triable: Indictment only - penalty life imprisonment

Question 4

Outline the offence of Arson as covered under S1.3 of the Criminal Damage Act 1971

Answer 4

Destroying or damaging property by fire. To be found guilty at least some of the damage must have been caused by fire (excluding smoke damage.
Triable either way:
Summarily - fine and/or six months imprisonment.
Indictment - up to life imprisonment.

If life is endangered it must be tried on imdictment.

Question 5

Outline the offence of Threats to Damage under S.2 of the Criminal Damage Act 1971.

Answer 5

Two points to prove in such a threat:

• The conduct that is threatened must refer to damage
• The extent of the threatened damage must constitute and offence under S.1 (Simple or life endangering damage).

An offence for a person who without lawful excuse makes to another a threat intending that the other fear it would be carried out:

a) To destroy or damage any property belonging to that other or a third person.
b) to destroy or damage their owm property in a way which they know is likely to endanger the life of the other/ third person.

Triable either way:
Summarily - fine and/or six momths imprisonment.
Indictment - ten years imprisonment

Question 6

Outline the offence of Possessing an Article with Intent to Cause Criminal Damage under S.3 of the Criminal Damage Act 1971.

Answer 6

An offence for a person to have an article in their custody or under their 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 some other person, or
b) to destroy or damage their own or the users property in a way which they know is likely to endanger the life of some other person.

Question 7

Outline causing damage under these key Heritage Site legislations:

• S.28 Ancient Monuments and Archaeological Areas Act 1979
• Protection of Wrecks Act 1973
• Protection of Military Remains Act 1968

Answer 7

S. 28 Ancient Monuments and Archaeological Areas Act 1979

• offence to damage or destroy a protected monument.
• Triable either way: Summarily: fine and/or imprisonment six months. Indictment: two years.

Protection of Wrecks Act 1973
- All retrieved wreck material must be reported to the Receiver at the Maritime Coastguard Agency.

Protection of Military Remains Act 1968
- An offence to interfere (without a license) with the wreckage of any military aircraft or designated vessel (note more restrictions are put on Controlled sites than Protected places).

Question 8

Dishonest dealing of a tainted cultural object while knowing or believing it is tainted is an either way offence.

Answer 8

S.1 Dealing in Cultural Objects (Offences) Act 2003

Cultural Object - Object of historical, architectural or archaeological interest.
Tainted - A person illegally excavated an object from its original position in the ground/ building/ structure ir monument of historical, architectural or archaeological interest.