The Student Room Group

Criminal damage

just looking at criminal damage and i was wondering if the person who made the threat wasnt the person to commit the damage, but got someone else to do it for them, can the guilty charge still be with the orginal defendnat
If this is not an academic question, and actually a real life question, I would advise you to speak to a solicitor or an organisation such as Citizens Advice (https://www.citizensadvice.org.uk/).

However, if this is an academic question, then the person who incited the damage could be possibly be guilty under s.8 of the Accessories and Abettors Act 1861. It's not a simple law but that is where you can start your research.

Hope that helps.

Nic
Student Ambassador at University of Law
Reply 2
Original post by The University of Law Students
If this is not an academic question, and actually a real life question, I would advise you to speak to a solicitor or an organisation such as Citizens Advice (https://www.citizensadvice.org.uk/).

However, if this is an academic question, then the person who incited the damage could be possibly be guilty under s.8 of the Accessories and Abettors Act 1861. It's not a simple law but that is where you can start your research.

Hope that helps.

Nic
Student Ambassador at University of Law

Thankyou!! and yes i probably should have stated, its for exam revision
If you can directly link them to the crime then it is easier to make them liable under Serious Crimes Act 2007 for the encouraging of the offence should they have an honestly held belief that the crime will be committed. This falls down if person A tells person B to throw a brick through a window but does not think he will actually do it. Person B throws the brick and is guilty of criminal damage but person A is not guilty of encouraging the offence because they did not believe B would carry out the act.

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