header-logo header-logo

Criminal damage: lawful excuse?

17 May 2024 / Nicholas Dobson
Issue: 8071 / Categories: Features , Criminal , Human rights
printer mail-detail
172563
Justifying criminal damage in the name of protest: Nicholas Dobson looks at an Extinction Rebellion spraypaint rebellion and the ‘lawful excuse’ defence
  • In s 5(2)(a) of the Criminal Damage Act 1971 (lawful excuse), ‘circumstances’ must relate to the destruction of, or damage to, the property and ‘do not include the political or philosophical beliefs of the person causing the damage’.
  • A judge may withdraw a defence from a jury if no reasonable jury properly directed could reach a particular conclusion.

Despite the Criminal Damage Act 1971, protest by property damage has become popular among activists. So, when is criminal damage not criminal at all? Answer: if a lawful excuse can be established. For, by s 1(1) of the 1971 Act (destroying or damaging property): ‘A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence’ (emphasis added).

What is ‘without lawful

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll