What sentence will I get for criminal damage?
What sentence will I get for criminal damage?
Section 4 Criminal Damage Act 1971 sets out a maximum penalty of life imprisonment for this offence. When tried summarily the maximum penalty is a level 5 fine and/or 6 months imprisonment.
How many years do you get for criminal damage UK?
10 years
The offence of criminal damage is an either way offence which attracts a maximum sentence of 10 years’ imprisonment. Where the damage value is less than £5,000, the case must be tried summarily and attracts a maximum sentence of 3 months’ imprisonment and, or a fine of up to £2,500.
Is it an offence to threaten criminal damage?
Section 2 of the Criminal Damage Act 1971 creates two offences of threatening to destroy or damage: property belonging to the person threatened or a third person; or. the defendant’s own property in a way which is likely to endanger the life of the person threatened or a third person.
What constitutes criminal damage?
The Criminal Damage Act 1971 classifies criminal damage as: ‘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. ‘
What does it mean to be charged with criminal damage on the same occasion?
The working of s.22 MCA follows that contained in Part 10 of the Criminal Procedure Rules. The courts usually interpret offences of the same or similar character to mean two or more criminal damage charges that are to be considered by the court. “Charged on the same occasion” means, being put to the defendant in court on the same occasion.
Is the offence of criminal damage a summary only offence?
Section 22 does not make criminal damage a summary only offence despite its requirement for the triable either way offence to be tried summarily based on value. Where appropriate it can be returned as an alternative to an offence in the indictment – such as racially aggravated criminal damage – R v Fennell.
What can criminal damage do to your case?
In a case of criminal damage this might include diverting your case from the court process entirely. If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.
What’s the maximum penalty for aggravated criminal damage?
Section 4 Criminal Damage Act 1971 sets out a maximum penalty of life imprisonment for aggravated criminal damage and aggravated arson. The offences are only triable on indictment.