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From: JNugent73@mail.com
On 04/11/2025 11:00 am, Pamela wrote:
> 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 Ł5,000 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 ? Ł5,000: Triable only summarily (Magistrates’ Court),
>> with a maximum penalty of a Level 4 fine and/or 3 months’ custody.
>>
>> - Damage > Ł5,000: 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 Ł5,000, 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
Even better.
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