Week 10 Criminal Damage
“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 such property, would be destroyed or
damaged”
S.1(1) - Criminal Damage Act 1971
• triable either way offence
• depending on damages, sentence can range from a fine to 10 years
imprisonment
If damage is less than £300 - consideration to PND
Actus Reus - Mens Rea -
• destroy or damage
• Property • intention
• Belonging to another • recklessness
S.10(1) - Property;
A) tangible form
B) real estate
C) personal belongings
Arson
“Destroying or damaging property belonging to another
through the use of fire”
S.1(3) - Criminal Damage Act 1971
, Week 11 Alternatives to custodial sentencing
In 2021 there were 78,756 prisoners being held in England
Wales. Prisoners cost us the tax payer £28,974. It costs £30,312
to provide one prison placement
Restorative Justice
‘A process in which the victim and offender and /or any other individuals or
community members affected by a crime, participate actively together in the
resolution of matters arising from crime’
United Nations
Out of Court Disposals
2020:
125,000 individuals in EaW were dealt with via a community resolution.
18,000 individuals, in EaW were dealt with via a Penalty Notice for Disorder
( Ministry of Justice, 2020)
Disadvantages
public perception that serious incidents are wrongly being dealt with.
the number of out of court disposals available makes the process
complicated and bureaucratic. (NPCC, 2013).
“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 such property, would be destroyed or
damaged”
S.1(1) - Criminal Damage Act 1971
• triable either way offence
• depending on damages, sentence can range from a fine to 10 years
imprisonment
If damage is less than £300 - consideration to PND
Actus Reus - Mens Rea -
• destroy or damage
• Property • intention
• Belonging to another • recklessness
S.10(1) - Property;
A) tangible form
B) real estate
C) personal belongings
Arson
“Destroying or damaging property belonging to another
through the use of fire”
S.1(3) - Criminal Damage Act 1971
, Week 11 Alternatives to custodial sentencing
In 2021 there were 78,756 prisoners being held in England
Wales. Prisoners cost us the tax payer £28,974. It costs £30,312
to provide one prison placement
Restorative Justice
‘A process in which the victim and offender and /or any other individuals or
community members affected by a crime, participate actively together in the
resolution of matters arising from crime’
United Nations
Out of Court Disposals
2020:
125,000 individuals in EaW were dealt with via a community resolution.
18,000 individuals, in EaW were dealt with via a Penalty Notice for Disorder
( Ministry of Justice, 2020)
Disadvantages
public perception that serious incidents are wrongly being dealt with.
the number of out of court disposals available makes the process
complicated and bureaucratic. (NPCC, 2013).
