Charges Dropped & Caution Criminal Damage Islington Police Station - 2024

Our client was alleged to have caused criminal damage to an ex-partner’s property. The police exhibited photographic evidence of the damage to the property along with body worn footage which captured an admission from the client.

The offence of Criminal Damage is outlined in S.1 of the Criminal Damage Act 1971. The law states that ‘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.’

Therefore, in order to charge the client, the onus was on the police to prove that there was a realistic prospect of the client being convicted of destroying or damaging the victim’s property without lawful excuse.

There are defences available to this offence. Primarily, if the defendant believed at the time that the owner of the property had consented, or would have consented,  to the damage in light of the circumstances,  a defence may apply. In addition, if the individual caused the destruction because at the time he believed the destruction or damage was reasonably needed to protect other property, a defence may apply.

When attending Islington Police Station, we advised our client to provide a commented interview as he she had a realistic prospect of receiving a caution due to having made a full admission. A caution is not a conviction, however it will remain on your personal record on the Police National Computer.

Our expert lawyer was able to assess the evidence available at the time alongside our client’s account and provide the best advice for the interview. Our recommendation to answer police questions allowed the client to put forward her account. As a result of our advice, a caution was administered which prevented the matter from going to court.

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