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Someone
who is caught causing graffiti can be prosecuted under
the Criminal Damage Act 1971. Those found guilty can
be fined up to £5000. Young offenders may be given
a community service order.
Fixed
Penalty Notices make greater use of fixed penalty fines
as an alternative to prosecution, in most cases giving
Councils the flexibility to set their own rates.
Persistent
offenders can be the subject of an Anti Social Behaviour
Order.
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Section
6 of the Criminal Damage Act 1971 is used for arrest
and to carry out house searches, including computer
records. There is often photographic evidence in the
home of the perpetrator, who actually carried out acts
of graffiti.
If
the cost of the criminal damage is calculated at over
£5000, the case will be referred to the Crown
Court, which has the scope for tougher sentences.
For
example, one young man has been sentenced to 240 hours
of Community Service and a fine of £2,000, and
another to 140 hours of Community Service and a fine
of £1,000.
The
Criminal Damage Act 1971 does not give Stop and Search
powers. If Section 3 of that Act is strengthened in
this regard, it would enable a group of young people
out late at night or early in the morning to be searched
for cans of spray paint.
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Providing
all the evidence can result in those charged for the
first time receiving a much stronger sentence, including
a custodial term and a fine.
There
is often photographic evidence in the home of the perpetrator,
who actually carried out acts of graffiti. These photographs
along with others from neighbouring Councils and other
databases are collated to give an idea of the cost of
the criminal damage.
Taggers
will practice their tag on paper (for example school
books) or even identify their property (for example
bags) using their tag.
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There
is a national database of tags that is run by British
Transport Police. Almost all Councils have their
own database of tags that they can draw on for prosecution
purposes.
Neighbouring
councils often exchange information and photographs
to help each other secure successful prosecutions.
Proud
Industrial has a database of tags dating back to 1998
and can provide photographs of specific tags to current
and new customers.
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