Unit 4 Lesson 6.1 Vandalism And Malicious Mischief

Question 1

Define vandalism

Answer 1

S52 Criminal Law (Consolidation) (Scotland) Act 1995

Creates an offence for any person to wilfully or recklessly destroy or damage property of another without reasonable excuse.

Question 2

What are the essential elements of vandalism?

Answer 2

1) Deliberate intention to damage the property or an act so reckless as to show utter disregard for the consequences.
2) There must be actual damage or destructing of property
3) The damage or destruction must be to property which does not belong to the accused

Question 3

What are the police powers in relation to vandalism?

Answer 3

The offence created by s52 is punishable by imprisonment.

You can:
•Issue a recorded police warning
•Fixed penalty notice
•Arrest under s1

Question 4

Define malicious mischief

Answer 4

A crime at common law constituted by wilful, wanton and malicious destruction of, or damage to the property of another”

Question 5

What are the essential elements of Malicious Mischief?

Answer 5

• There must be malice; either actual or inferred on the part of the perpetrator.
• Destruction or damage caused by accident or under a reasonable belief of right, is not criminal
• Spite is not essential, it is only evidence of motive.
• It is enough if the damage is done by a person who shows deliberate disregard for or indifference to the property or possessor rights of others.

Question 6

What are police powers in relation to malicious mischief?

Answer 6

In more serious cases the police may choose to caution and charge an accused with the crime of malicious mischief as apposed to vandalism.

Although a FPN may be issued for the crime of Malicious Mischief, the lord advocates guidelines indicate that this is unlikely, given possible severity.