Criminal Damage is more broadly known as vandalism but vandalism really only covers crimes against households and household property, including cars. There are a broader range of crimes within the criminal damage category with vandalism being the most significant one.

Criminal damage is the highest 'volume' crime with thousands of crimes of this nature committed each year and it falls under the umbrella of Anti-Social Behaviour.

What is Criminal Damage?

Criminal damage refers to crimes where any person without lawful excuse intentionally or recklessly destroys or damages any property belonging to another. 

Perhaps the most common is damage to cars parked on the street – such as smashed windows, broken wing mirrors and aerials, windscreen wipers ripped off and scratches to the body work.

The next most common is damage to peoples own property - stones or bricks thrown through windows, walls and fences being kicked over, garden ornaments smashed and shrubs and plants uprooted and destroyed.

Another is damage to council property such as bus shelters, parks and childrens play areas - and the use of graffiti on walls and buildings.

What isn't Criminal Damage?

Anything that results in non-permanent damage (i.e. that can be rectified, cleaned off or removed at no cost) is not considered to be criminal damage - for example letting down car tyres.

Damage around a point of entry to a house or vehicle also isn't criminal damage and should instead be treated as attempted burglary / vehicle crime.

Who is responsible?

Most is committed by white males aged between 11 and 25 years of age, although predominantly the offender is under 21 years old. It is often a result of sheer boredom with young offenders finding little to do and looking for some excitement, a 'buzz', or using it to vent their frustration. It can also be used as a form of revenge against somebody that has annoyed the offender. A great deal of it is fuelled by alcohol and it tends to be opportunist - criminal damage is seldom planned.

One exception though is graffiti which is one of the few types of criminal damage that is usually planned. Many types of graffiti include a 'tag' which is a 'signature' that the 'artist' leaves behind to demonstrate to others that it is their work.

The Consequences

Many people do not realise the serious consequences of committing criminal damage and the fact that it is considered serious enough for an offender to be sentenced to prison (see 'The Law' below).

Graffiti is usually completed on impulse and an offender committing graffiti crime in a moment of madness, perhaps through boredom, frustration or to seek revenge on a victim they don't like, could be arrested for it and receive a criminal record. This is likely to affect their future career and employment opportunities.

There are many other consequences from committing criminal danger. For example, a brick/object thrown through a living room window could mean that the victim or a member of their family is injured by shattered glass or the object itself. Slashing a victim's car tyres could endanger their lives.

Criminal damage is not only a crime against an individual but against the whole community of which the offender may be a member themselves. If they commit vandalism and are caught, the crime is taken very seriously and the offender will be punished accordingly.

The Law

The following information has been taken from the together.gov.uk website.The TOGETHER campaign supports local agencies and residents to tackle anti-social behaviour in their communities. The website provides information, advice, and resources to help people take effective action across England and Wales.

Any damage to, or destruction of, property by vandalism, graffiti or arson is likely to be a criminal offence under the Criminal Damage Act 1971.

The damage does not have to be permanent, it could for example be caused by graffiti with a washable paint. But when deciding on the sentence for an offence, the court will take into account the value of the damaged property and the trouble and expense of restoring the property or removing the graffiti.

The Criminal Damage Act 1971 creates two levels of offence, a summary offence and a more serious offence that can be tried either in the magistrates' court or in the Crown Court.

The summary offence triable only by magistrates is limited to damage to property worth less than £5000. The offender can receive a maximum 3 month prison sentence and/or a Level 4 fine.

Higher value criminal damage cases are heard either in the magistrates' court or in the Crown Court. The more serious cases heard in the magistrates' court attract a maximum prison sentence of 6 months and a Level 5 fine. The serious cases heard in Crown Court can receive a maximum penalty of 10 years imprisonment.

Some authorities, including the British Transport Police, have found anti-social behaviour orders useful to address those that repeatedly cause criminal damage. These are particularly used where offenders use criminal damage to intimidate people, perhaps putting a brick through a victim's window or damaging the house of a victim who has had the courage to take a stand.

A Home Office study of 90 anti-social behaviour orders found that 36% had a criminal damage aspect.

Racially or religiously motivated criminal damage

The Crime and Disorder Act 1998 created a new offence of racially or religiously aggravated criminal damage. This offence carries a maximum prison term of 6 months in the magistrates' court and/or a Level 5 fine. In the Crown Court the offence carries a maximum prison term of 14 years and/or an unlimited fine.

Racially or religiously aggravated criminal damage is defined as criminal damage where the offender demonstrates actual hostility towards the victim based on the victim's membership of a racial/religious group or presumed racial/religious group or the offence is motivated by racial/religious hatred.

Items used to cause criminal damage

The Criminal Justice Act 2003 gives the police power to stop and search people whom they suspect of having items intended to be used to cause criminal damage, for example aerosol cans of paint.

Section 54 of the Anti-social Behaviour Act 2003 introduced a new offence on 31 March 2004, of selling aerosol paint to children under the age of 16. The penalty for this offence is a Level 4 fine.