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From: uklm@permabulator.33mail.com
On 17:37 3 Nov 2025, JNugent said:
> On 03/11/2025 04:49 pm, Roger Hayter wrote:
>> On 3 Nov 2025 at 16:20:34 GMT, "Jethro_uk"
>> wrote:
>>>
>>>
>>> A lot of people fail to realise that criminal damage does not
>>> require a de minimis and also does not need any physical evidence
>>> to be apparent.
>>
>>> As folks putting bin bags over speed cameras discovered to their
>>> liberty.
>>
>> On the other hand, criminal damage below a certain figure
>> (?10,000GBP) is treated differently and is a much less serious
>> offence. And can only be tried summarily.
>
> "much less serious"?
>
> Which Section of the relevant Act contains those words?
>
> Or are they just your view?
>
> Here's the law's view (as relayed via CoPilot):
>
> QUOTE:
> Under the Criminal Damage Act 1971 in England and Wales, if the value
> of the damage is £5,000 or less, the offence is generally triable
> only summarily (i.e., in the Magistrates’ Court).
>
> This threshold applies to standard criminal damage offences not
> involving fire and not racially or religiously aggravated. Here's a
> breakdown:
>
> Summary vs. Either-Way Trial:
> - Damage ? £5,000: Triable only summarily (Magistrates’ Court),
> with a maximum penalty of a Level 4 fine and/or 3 months’ custody.
>
> - Damage > £5,000: Triable either way (Magistrates’ or Crown
> Court), with a maximum of 10 years’ custody if convicted on
indictment.
>
> Exceptions:
>
> Even if the damage is under £5,000, the offence may still be triable
> in the Crown Court if:
> - It is racially or religiously aggravated (triable either way, max
> 14 years).
> - It involves damage to a memorial (as defined in s.22 of the
> Magistrates’ Courts Act 1980), in which case the maximum
> sentence is 10 years regardless of value.
> ENDQUOTE
Apart from considerations of criminal damage, isn't the JSO Stonehenge
incident covered by "Intentionally or recklessly causing public
nuisance" as defined here:
Section 78 of Police, Crime, Sentencing and Courts Act 2022:
https://www.legislation.gov.uk/ukpga/2022/32/section/78
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