Possessing an Article with Intent to Cause Criminal Damage

Question 1

Possessing an Article with Intent to Cause Criminal Damage is an offence covered where?

Answer 1

s 3 of the Criminal Damage Act 1971.

Question 2

s 3 of the Criminal Damage Act 1971

Answer 2

A person who has anything in his custody or under his control…
- Have to pick it up!

…intending without lawful excuse…
- Can be in future/ doesn’t need to be immediate.

…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 his own or the user’s property in a way which he knows is likely to endanger the life of some other person;

…shall be guilty of an offence.

Question 3

s 3 of the Criminal Damage Act 1971

Possessing an Article with Intent to Cause Criminal Damage Penalties

Answer 3

Triable either way.

Penalty is 6 months imprisonment and/ or a fine not exceeding the statutory maximum if tried summarily.

10 years on indictment.

Question 4

A power to search for articles made or adapted for use in the course of or in connection with an offence under s 1 of the Criminal Damage Act 1971 is provided under where?

Answer 4

s 1(2)(a) of the PACE Act 1984.

Any person/ vehicle can be searched and detained.

Question 5

The Law Commission makes clear that

Answer 5

“the essential feature of the proposed offence is to be found, not so much in the nature of the thing, as in the intention with which it is held”.

Question 6

A man walks determinedly towards a pile of bricks, he bends down to pick one up when you (as a police officer) stop him. Is the suspect guilty of possessing an article with intent to cause criminal damage?

Answer 6

No