The Law: Criminal Damage

The Criminal Damage Act of 1972 creates the offence.

The law says that a person is guilty of causing Criminal Damage if they ‘Damage the property of another person intentionally, or whether they are reckless as to whether or not the damage is caused.’

This means a person can be guilty of this offence if they deliberately break something that belongs to another person, or if they behave in such a way that they caused the damage by what they did, even if they did not mean to do it.

Today we use the word vandalism, when we mean criminal damage. The word vandalism has no meaning in law.

Why do we use it?
Where do you think the word vandalism comes from?

Fingerprints

Fingerprints were discovered to be unique to each person, and at about the end of the 19th Century and the beginning of the 20th Century were first used to identify criminals who had left their fingerprints at the scene of a crime.

The technology of fingerprints has come a long way since that time, but the basic principles remain the same.

When you touch an object with your hands you leave a mark, this mark is a fingerprint. Someone can come along afterwards, see what you have touched, and because these marks are unique to each individual they can say with certainty that you touched the object.

Fingerprints can be recovered; this usually relies upon the surface touched being clean and smooth.

Because the marks are made in the slight grease that we have on our skin it does not remain forever. Water such as rain may wash it off, and over time it breaks down and is removed. How long depends on what the mark is exposed to. Outdoors it will last a shorter time than indoors. The mark will also be lost when somebody else touches the object over the top of existing marks.

For some time now there have been chemicals that can recover fingerprints from paper, and the technology continues to develop all the time.

In our story, do you think the police could have recovered fingerprints from the half house brick that was thrown and smashed the glass?

If the person who caused the damage had touched the glass of the bus shelter could the police have found fingerprints on that?

Would the rain overnight make any difference?

Would that prove they broke the glass? Why?

Final Warnings

In 2000 the law changed so that the police no longer give cautions to young offenders.

In general terms when a person over 10 years of age and under 18 gets into trouble for the first time the police are able if the circumstances are appropriate to give that person a reprimand.

If that young person offends for a second time and again if the circumstances are appropriate the police may give a final warning.

Any subsequent offence by that young person and they will be charged with the offence and appear in court. The police do not have the ability to give any further reprimands or warnings.

Court Role Play

When the police deal with Vicky and Alice, this may result in an appearance in Court by one or both of them.

Role-play the court proceedings. You will find that the help of a police officer or other person experienced in working in a Court will give you a great deal more breadth and information than contained here.

This is a very brief guide to who you will find in court and the way the proceedings take place.

You will need to have three Magistrates who will listen to the evidence, establish whether or not the accused person is guilty and impose a sentence appropriate to the crime.

The Court will have a Clerk, this is the person who runs the Court, and he/she organises all that takes place within the Court. He/she will read the charge to the accused and ask them whether they plead guilty or not guilty. He/she will ensure the case is conducted properly and they will advise the Magistrates on points of law.

There will be a prosecuting solicitor, normally from the Crown Prosecution Service, it is their role to give the Magistrates all the evidence they need to show the accused is guilty of the crime for which they are charged.

There is a defence solicitor whose role is to give the Magistrates all the evidence that points to the innocence of the accused.

The prosecution will call each of the witnesses in turn and when they come into Court they will stand in the witness box and take the oath in which they promise to tell the truth. Once the prosecuting solicitor has finished putting the questions to a witness the defending solicitor can then ask questions of them.

Once the Prosecution has finished with all their witnesses, the defence solicitor will call the witnesses they have to show the innocence of the accused. They will ask the questions of each witness in turn, and when they have finished asking the questions the prosecuting solicitor can ask them questions.

Also in Court will be the Usher whose job is to call the witnesses, ensure that the people who need to be there are ready and will generally ensure that people know where to go, where to take the bible and read the oath.

In our case the people in Court are under 18, they will appear in a Youth Court, this is less formal than an adult Court, members of the public and the press are not normally allowed in. Parents or the carers of the young persons will be in Court with them, and there will also be an officer from the Youth Offending Team, they are there to organize any reports that the Court may ask for on the accused before they are sentenced. They will be responsible for implementing a number of the sentences that the Court might impose.

The Magistrates will listen to all the evidence, and once they have heard all that has been said they will consider whether or not the person is guilty of the offences or not.

If they find the person guilty they will then decide what the punishment might be.

You may wish to discuss this either with a police officer now or at a later stage.