Policy paper

Criminal damage to memorials: Police, Crime, Sentencing and Courts Act 2022 factsheet

Updated 20 August 2022

Increasing the maximum penalty for criminal damage of less than £5,000 to a memorial from 3 months to 10 years’ imprisonment

1. What are we going to do?

The offence of criminal damage is an either way offence which attracts a maximum sentence of 10 years’ imprisonment. Where the damage value is less than £5,000, the case must be tried summarily and attracts a maximum sentence of 3 months’ imprisonment and, or a fine of up to £2,500.

Damage to a memorial is covered by the offence of criminal damage and where the damage value is under £5,000, the court’s powers are restricted as outlined above.

Concern has been voiced in Parliament and society that the law focuses too heavily on the monetary value of the damage with insufficient consideration given to the emotional or wider distress caused by this type of offending, and as a result, the punishments do not fit the crime.

We intend, where there is damage to a memorial, to remove the consideration of monetary damage, which would otherwise, in some cases, determine venue and limit sentencing powers.

Instead, in cases where a memorial has been damaged, mode of trial will not be determined by the monetary value of the damage caused and the maximum sentence of imprisonment will be ten years’ imprisonment.

2. How are we going to do it?

Section 1(1) of the Criminal Damage Act 1971 creates an offence of destroying or damaging any property belonging to another person, whether intentionally or recklessly, without lawful excuse. This offence attracts a penalty of a term of imprisonment not exceeding ten years.

Where the damage caused to the property does not exceed £5,000 in value, section 22 of the Magistrates’ Courts Act 1980 requires the case to be tried summarily in the magistrates’ court where the maximum sentence available is 3 months’ imprisonment and/or a fine of up to £2,500.

The proposed change will amend the Magistrates’ Courts Act 1980 so that, where damage or desecration of a memorial occurs and amounts to an offence of criminal damage the court will no longer be constrained in its options where the value involved in monetary terms is assessed to be less than £5,000.

Background There is widespread belief that the current law does not provide enough powers to allow the court to deal effectively with the desecration of war memorials and other statues. The issue re-emerged during summer 2020 when many statues and memorials were damaged causing great concern to the wider public. The government has considered these concerns and proposed, these changes which will mean the courts can now deal effectively with damage caused to memorials.

3. Frequently Asked Questions

3.1 Why has this law been introduced? 

There has been widespread upset about the damage and desecration of memorials with a recent spate over the summer of 2020. It has long been considered that the law is not sufficiently robust in this area. Incidences of damage and desecration of memorials are typically of low monetary value, but very often carry a high sentimental and emotional impact. As the law previously stood, courts were obliged to try such cases summarily where the value of damage was assessed as being less than £5,000, which, in turn, meant the full range of sentencing powers was not available.

3.2 What is classed as a memorial? 

The Bill defines a ‘memorial’ as a building or other structure, or any other thing that is erected or installed on land (or in or on any building or other structure on land). A memorial can include a moveable object, a garden or any other thing planted or grown on land. At least one of the memorial’s purposes is to commemorate an individual or animal; whether living or deceased or capable of being identified; or an event or a series of events (such as an armed conflict).

3.3 Will the changes cover damage to items laid on a memorial, such as wreaths and flowers? 

Flowers or a wreath which are placed at a structure, such as a gravestone or The Cenotaph, for the purposes of commemoration (as defined), albeit temporarily, would be treated in the same way as the memorial itself.