What makes an offence under the Criminal Damage Act?
Section 1 (2) of the Act creates an offence which includes all the elements of the section 1 (1) offence with an additional element of intending or being reckless as to the endangering of life. The offence lies in possible effects of the defendant’s actions and it is not therefore necessary to prove an actual danger to life.
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.
When did Criminal Damage Act 1971 come into effect?
The 1971 Act applies in England and Wales, and also to Northern Ireland by the Criminal Damage (Northern Ireland) Order 1977. Certain types of minor damage, such as graffiti, may be dealt with by the issue of fixed penalty notices as an alternative to prosecution.
Can a defendant have a lawful excuse for criminal damage?
Apart from the general self-defence excuse applicable to any offence involving violent acts, section 5 of the Act sets out specific provisions in relation to criminal damage: a defendant will have “lawful excuse” if
What kind of information is on a criminal record?
Often, the criminal record includes a compilation of local, state, and federal criminal information. Aside from criminal history information, the record also includes the person’s: Name and known aliases.
Who are the members of the damage control company?
The company helped clean up New York City after the events of World War Hulk. Tom Foster, the nephew of the late Bill Foster and the new Goliath, joins the company, as do fellow superhumans Monstro and Visioneer.
How is criminal damage defined in the Criminal Damage Act?
Any alteration to the physical nature of the property concerned may amount to damage within the meaning of the section. The courts have construed the term liberally and included damage that is not permanent such as smearing mud on the walls of a police cell.
Can you be charged with an offence contrary to the Criminal Damage Act 1971?
Where a person is charged with an offence contrary to s.1 (1) Criminal Damage Act 1971 or with aiding, abetting, counselling or procuring such an offence, or with attempting to commit, or inciting such an offence, and the value involved is less than £5,000, she/he must be tried summarily.