Property Offences - Criminal Damage

Question 1

What type of offence is criminal damage?

Answer 1

Under £5000 = summary only
£5000 over = either way
HOWEVER - if racially/ religiously aggravated it is an either way offence irrespective of value

Question 2

What is the maximum sentence for criminal damage?

Answer 2

10 years

Question 3

What is the legislation for criminal damage?

Answer 3

Criminal Damage Act 1971 Sections 1-3

Question 4

What is the definition of criminal damage?

Answer 4

Without lawful excuse, destroying or damaging any property belonging to another intending to destroy or damage it or being reckless as to whether any such property would be damaged or destroyed

Question 5

What does lawful excuse to commit criminal damage mean?

Answer 5

• They believed they own or have consent to damage the property.
• Police, firemen etc have the lawful excuse to break doors/ windows if needed
• They believe that they would have consent if the owner knew the full facts

Question 6

What does damaged mean?

Answer 6

Damage means harmed, made less useful, made less valuable, made unworkable or just defaced

Damage does not need to be permanent

Question 7

What does destroyed mean?

Answer 7

Destroyed would usually mean leaving the article beyond repair

Question 8

Can property be intangible and tangible for criminal damage?

Answer 8

Property must be tangible
Real or personal property including money/ land

Question 9

Does the property damaged have to be the property intended?

Answer 9

Transferred malice is applicable - thus, it does not matter if the property damaged is not the property intended

Question 10

What does reckless mean?

Answer 10

Committing the act and not thinking of the risk of damage

Recognising the risk of damage and goes on to commit the act anyway

Question 11

What is arson?

Answer 11

Criminal damage with fire

Question 12

What does section 2 of the Criminal Damage Act 1971 state?

Answer 12

A person without lawful excuse makes a threat to another, intending that the other would fear it be carried out to:
a) destroy or damage any property belonging to the other or third party
b) destroy or damage his own property in a way which he knows is likely to endanger the life of the other person

Question 13

What does section 3 of the Criminal Damage Act 1971 state?

Answer 13

Having articles with the intent to destroy or damage property is guilty of an offence

Question 14

Can criminal damage be attempted?

Answer 14

Yes - irrespective of value

Question 15

Can a fixed penalty notice be issued for criminal damage?

Answer 15

Yes if the property damaged is valued under £300

Question 16

Can you criminally damage your own property?

Answer 16

Only if someone else has an interest in that property e.g. jointly owned TV

HOWEVER - can aggravatedly damage your own property (if intended to endanger life of another - can’t be yourself)