Alleged Criminal Damage

[Guest]

If a Criminal Damage case (e.g alleged scratched vehicle) occurs and the value involved is less than £5000, is this classed as a summary only offence or can it also be classed as an either way offence?

If it's summary only, does the information have a time limit?

[james_law]

The offence would be summary only if its under £5000. It can be different but in your case it sounds like it would just be a summary.

The prosecutor has to inform the magistrates’ court by issuing a charge, summons, postal requisition or a complaint within 6 months of an offence being committed.

[Cossie]

The offence would be summary only if its under £5000. It can be different but in your case it sounds like it would just be a summary.

The prosecutor has to inform the magistrates’ court by issuing a charge, summons, postal requisition or a complaint within 6 months of an offence being committed.

This is where I am totally confused then James (thanks for the reply ). The Magistrates Court have informed me that it is a Summary Offence, (alleged damage is £1200) yet my solicitor dealing with the allegation has said it's an Either Way Offence. As you have mentioned in your quote, the information was laid at the Magistrates Court 13 days over the 6 month period.

[Bluey4543]

From the CPS Guidelines:
Criminal Damage: Mode of trial

The provisions of Section 22 and Schedule 2 of the Magistrates' Courts Act 1980 (MCA) deal with the determination of mode of trial for those offences, referred to as "scheduled offences" that are mentioned in the first column of Schedule 2 to this Act . Where a person is charged with an offence contrary to section 1(1) Criminal Damage Act 1971 or with aiding, abetting, counselling or procuring such an offence, or with attempting to commit, or inciting such an offence, and the value involved is less than £5,000, she/he must be tried summarily.

Note, however, that if the damage was caused by fire, the offence will be one of arson which is triable either way, however small the damage and even if it amounted to less that £5000.

If the amount of damage is under £5000, the allegation may nevertheless be included in an indictment for another offence in the circumstances set out in Section 40 Criminal Justice Act 1988.

[james_law]

This is where I am totally confused then James (thanks for the reply ). The Magistrates Court have informed me that it is a Summary Offence, (alleged damage is £1200) yet my solicitor dealing with the allegation has said it's an Either Way Offence. As you have mentioned in your quote, the information was laid at the Magistrates Court 13 days over the 6 month period.

There are exceptions to the £5000 limit for summary offence, which is normally because it goes along with another offence. Please see the above post. Yes it is an either way offence but in your case its a summary offence and as you say has been clearly stated by the magistrates to be one.

The fact that the offence can be an indictable offence means that it doesn't fall into the category of the 6 month limitation period.