13 Reasons Why is currently making waves as a much watch Netflix Original Series. But would you believe that there are at least 13 offences committed throughout the 13 episodes? Over the next 10 days I will be continuing to post blogs about the 13 different offences I have found and what could happen should you be arrested or charged with them.
The Sentencing Council website can be found here.
4. Criminal Damage (Section1(1) of the Criminal Damage Act 1971
Criminal Damage is a Summary Only offence meaning that it can only be tried in the Magistrates Court if the damage is under £5,000.00 or does not coincide with any Either Way or Indictable Only charges.
This offence relates to causing damage to property belonging to another. It can be damage that isn’t permanent and also any damage not visible but would cause the item to not work as it should.
Criminal Damage can be a serious offence if there are any racially or religiously aggravating features involved, or less serious if the damage caused was on a reckless basis. An example of Criminal Damage can be from as little as a broken window to serious damage of electronic items such as TVs, Computers or even cars and other motor vehicles.
Range of Sentencing
The range of Sentencing for an offence of this type is as follows: –
- Minor damage: Conditional discharge to a Band C fine.
- Moderate damage: Band C fine to Lower-level Community Order
- Significant damage: Medium-level Community Order to 12 weeks’ custody
- Damage of between £5,000 and £10,000: 6 to 26 weeks’ custody
These sentences will vary depending on whether or not it is a first-time offence and if there are any similar offences committed in the past. These sentences do not include damage caused by fire.
Being an imprisonable offence means that there is the chance of being eligible for Legal Aid. This means that any representation at the Magistrates Court could be at no cost to the Defendant as all costs incurred will be met from public funds. (This does depend on the Defendant’s income and financial circumstances)
We at Ringrose Law understand how worrying it can be if you are arrested in relation to any offence. We would always recommend that you obtain Legal Representation if you are arrested or interviewed. You are entitled to free and independent Legal advice at the Police Station.
Contact our Criminal Defence team who will be able to represent you at the Police Station on any matter, covered by the Legal Aid Agency’s Advice and Assistance Scheme. We have offices in Boston, Lincoln, Spalding, Sleaford, Grantham and Newark.
Next: Possession of a Class B Drug (Section 5(2) of the Misuse of Drugs Act 1971)