What is criminal damage in British law? Join us as we explore the topic in our accessible 5-minute guide.

Things changed with the Industrial Revolution when cost-saving machinery was introduced. Damage was no longer limited to farmhouses and stacks of corn. Luddites would smash machines, seeing them as a means of replacing their skilled labour and driving down wages.

"Machine-breaking" was criminalised in 1721. At first, machine-breakers were punished with penal transportation to the colonies. Later, it was the death penalty.

In 1861, the Malicious Damage Act was published, consolidating existing provisions. It was eventually replaced by the Criminal Damage Act 1971.

A key difference between these two pieces of legislation is that the Malicious Damage Act specified different types of property in great detail. The Criminal Damage Act, by contrast, provides a sweeping definition that applies to all relevant types of property.

What is the Police, Crime, Sentencing and Courts Act?

The Police, Crime, Sentencing and Courts Act 2022 is a piece of legislation that's designed to control protest in the UK. It gives the Home Secretary the power to decide whether a protest is acceptable or unacceptable and to break it up accordingly. Before being passed, it was the target of "Kill the Bill" protests across the UK.

The bill is widely seen as a response to protests by Black Lives Matter, Extinction Rebellion and Insulate Britain between 2019 and 2021.



Among other things, the Bill increases the maximum penalty for criminal damage of less than £5,000 to a memorial from three months' imprisonment to 10 years. This is in response to the toppling of the statue of slave trader Edward Colston during a 2020 Black Lives Matter protest in Bristol and the defacement of Churchill's statue in Parliament Square around the same time.

Some see this as a draconian response to justifiable actions in response to systemic racism. Others argue that it's a valid measure to protect the UK's memorialisation of its past.

How is criminal damage punished in the UK today?

The punishment for criminal damage in the UK depends on the severity of the damage.

Minor damage such as graffiti can be dealt with by a fixed penalty notice rather than prosecution. This gives the recipient the option to be made immune from prosecution in exchange for a fee.

Non-aggravated offences involving damage valued at less than £5,000 are tried by magistrates. The maximum sentence is three months imprisonment and a £2,500 fine.

If the value exceeds £5,000, the defendant can be tried by jury. If, however, they're tried summarily, they can be sentenced to up to six months in jail and a £5,000 fine.

Arson and aggravated offences have a maximum sentence of life imprisonment.

Criminal damage cases are often (but not always) tried by jury. Key to the jury system is the jury's ability to acquit even if an offence was demonstrably committed. This was the case in November 2023, when nine climate activists were cleared of causing £500,000 of criminal damage.

The Extinction Rebellion campaigners freely admitted to using hammers and chisels to shatter windows at HSBC's Canary Wharf HQ. They denied, however, that it was criminal conduct because they were protesting the bank's investments in coal.

During the trial, the jury requested information about the Paris Agreement, the British government's actions in addressing the climate crisis and how HSBC was able to estimate the cost of the damage within a matter of hours.

After two hours of deliberation, the jury returned a verdict of not guilty.

The police, however, tend to take a different view. In Bristol, for instance, incidents where SUV tyres are let down by environmental activists have been treated as criminal damage.

Environmental activism shows no signs of waning. We'll likely see the issue of criminal damage discussed more and more in the years to come.

Conclusion

Criminal damage is a straightforward concept that has been in the news more and more thanks to activism on behalf of the environment, black lives and Palestine.

If you find yourself the victim of criminal damage, early legal advice can be invaluable. A good solicitor will equip you with the facts and help fight your corner at a difficult time.

Are you looking for legal advice relating to criminal damage? Our team of Yorkshire lawyers is here to help. Feel free to get in touch for a no-obligation consultation.