I saw this on my lunch break today and thought it might be useful to look at what the law says about graffiti.
Graffiti is criminal damage as set out in the Criminal Damage Act 1971 and if the damage caused to a building is more than £5,000 then if caught the person responsible could face upto 10 years imprisonment (if they are over 18). Young people between the age of 12 and 17 can be detention and training order of up to 24 months.
Where the damage is less the maximum penalty is 3 months imprisonment or a fine of upto 32,500 for adults.
Local authorities also have the ability to use Fixed Penalty Notices. The Cleaner Neighbourhoods and Environment Act enables a local authority to vary the fixed penalty amount for a graffiti or fly-posting offence in its area. Where no amount is specified by a local authority the base amount is £75.
The Anti-social Behaviour Act 2003 makes it an offence to sell aerosol paints to persons aged under 16.
Local authorities also have the power to require that graffiti is removed and if it isn’t to reclaim the costs.
