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Criminal Damage  Solicitors – Damage is not constrained to perpetual Damage, so spreading mud on the dividers of a police cell might be criminal Damage. The Damage requires not be unmistakable or substantial on the off chance that it influences the esteem or execution of the property.

Criminal Damage Act

According to this act – “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.”

Threats to destroy or damage property

A person who without lawful excuse makes to another a threat, intending that that other would fear it would be carried out,—

(a) To destroy or damage any property belonging to that other or a third person; or

(b) To destroy or damage his own property in a way which he knows is likely to endanger the life of that other or third person;

shall be guilty of an offence.

Objective Element

The objective element of this offence consists of

  •  Destroying or damaging
  •  Property
  •  Belonging to another
  •  Without lawful excuse.

Destroys or damages

What is contemplated by “destroy or damage” is actual destruction or damage; that is, some physical Damage, impairment or deterioration which can be usually perceived by the senses.

The damage or destruction in issue will normally arise from the defendant’s freely willed act. However, a defendant may be held responsible for failing to halt the spread of Damage started accidentally.

Property

The basic definition of property, for the purposes of this offence, is provided by s10(1) which states:

‘In this Act “property” means property of a tangible nature, whether real or personal, including money and- a) including wild creatures which have been tamed or are ordinarily kept in captivity, and any other wild creatures or their carcasses if, but only if, they have been reduced into possession which has not been lost or abandoned or is in the course of being reduced into possession; but b) not including mushrooms growing wild on any land or flowers, fruit or foliage of a plant growing wild on any land. For the purposes of this subsection, “mushroom” includes any fungus and “plant” includes any shrub or tree.’

Belonging to another

Section 10(2) provides the basic definition of belonging to another. It states:

“Property shall be treated for the purposes of this Act as belonging to any person- a) having the custody or control of it; b) having in it any proprietary right or interest …; or c) having a charge on it.”

OTHER PROVISIONS

Arson

Under s1(3), if either of the above offences under ss 1(1) and 1(2) are committed by fire the offence shall be charged as arson. Where a defendant ravages or damages property by fire the congruous course would be to charge him with an offence contrary to ss 1(1) and (3), or an offence under ss 1(2) and (3) as opportune.

Threats to ravage or damage property

Section 2 engenders the offence of (a) making threats to damage or eradicate another’s property, intending to cause fear thereby, without lawful excuse; or (b) making threats to damage his own property in a way which he kens is liable to imperil life, again intending to cause fear as a result.

Possessing anything with intent to eradicate or damage property

Section 3 makes it an offence for any person, without lawful excuse, to have in his control: (a) anything he intends to utilize to damage another’s property, or (b) which he intends to utilize to damage his own property in a way which he kens is liable to imperil life.

Penalization

A person censurable of arson or of an offence under s1(2) shall on conviction on indictment be liable to confinement for life (s4(1)). A person culpable of any other offence under this Act shall on conviction on indictment be liable to confinement for a term not exceeding ten years (s4(2)).

Who can You contact for advice? | Criminal Damage Solicitors at MB Law Ltd can provide you immediate legal assistance

Please feel free to contact our Team of specialist criminal defence solicitors/lawyers who specialise in all the above-described matters related to criminal law in all parts of London namely Hounslow, Uxbridge, Ealing, Kingston, Sutton, Harrow, Wood Green, Leyton, West End, Knights Bridge, Croydon, Bromley, Greenwich, Poplar, Ilford, Romford, Redbridge, Westminster, Brent, Islington, Havering, Barnet, Enfield, Wandsworth, Southwark, Barking and Dagenham, Bexley, Newham, Lewisham, Camden, Barnet, Havering, Merton, Hammersmith and Fulham, Hillingdon, etc.

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    How often does drug driving cause a crash?

    It’s difficult to gauge what number of accidents are brought about by sedated driving. This is on the grounds that:

    • A great roadside test for medication levels in the body doesn’t yet exist
    • Police don’t for the most part test for medications if drivers have achieved an unlawful blood liquor level on the grounds that there’s as of now enough proof for a DUI allegation
    • Many drivers who cause accidents are found to have both medications and liquor or more than one medication in their framework, making it difficult to know which substance had the more noteworthy impact

    What drugs will be tested?

    Police will ask you to provide a saliva sample for the purpose of testing for:

    • THC—the active ingredient in cannabis
    • Methylamphetamine—also known as speed and ice
    • MDMA—the active ingredient in ecstasy.

    Saliva tests will only be able to detect the active ingredients of the nominated drugs THC, MDMA, and methylamphetamine. Even though methamphetamine is manufactured from substances such as pseudoephedrine (found in cold and flu tablets) those substances will not be detected by the saliva tests.

    The use of Tramadol (Ultram) depends on its dosage form. The dosage is adjusted from the established norms for elderly patients over 75 years of age, with impaired liver and kidney function, since their metabolic rate is higher than usual. In case of renal or hepatic insufficiency, not only the dose of the drug is reduced, but also the interval between doses is increased.

    How drugs impair driving

    Driving affected by medications is to a great degree unsafe and can influence driving attitudes in various ways.

    Cannabis clients frequently think they are more secure when they are impaired on the grounds that they drive all the more gradually. Notwithstanding, cannabis moderates response and choice circumstances. It can likewise twist impression of time and separation, and result in poorer focus and control of the vehicle.

    Cocaine prompts to a feeling of pomposity and this is reflected in client’s driving style. Clients regularly perform higher hazard, more forceful moves at more noteworthy velocities.

    Ecstasy (MDMA) is to a great degree unsafe to drive on in light of the fact that it brings about misshaped vision, uplifted impression of sounds, changed discernment and judgment of dangers and an arrogant driving state of mind. Amid the stage, while the impacts of any illicit medications are wearing off the client may feel exhausted, influencing fixation levels. Driving in any of these conditions is an awful thought – not only for the driver but rather for their travellers and other street clients.

    Penalties for drug driving

    If you’re convicted of drug driving you’ll get:

    • A minimum 1-year driving ban
    • An unlimited fine
    • Up to 6 months in prison
    • A criminal record

    Your driving license will also show you’ve been convicted of drug driving. This will last for 11 years.

    Drugs and Driving: The Law

    It is an offence to drive an engine vehicle while disabled using drugs.Causing passing by risky driving while affected by drink or medications will bring about the greatest 14-year imprison sentence and a base 2-year driving boycott.

    Who can You contact for advice? | MB Law Ltd Solicitors can help You Regarding This

    Please feel free to contact our Team of Regulatory lawyers who specialize in all the above-described matters related to Backing Frauds. Here MB Law Solicitors provide you with experienced solicitors.

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