Our specialist criminal defence solicitors provide expert legal advice and representation at every stage of the process, from initial police investigation through to court proceedings.
The Criminal Damage Act: The Technical Defence
The primary offence is defined in the Criminal Damage Act 1971, which criminalises the intentional or reckless destruction or damage of any property belonging to another, without lawful excuse. The severity of the potential penalty is often determined by the value of the damage, which dictates the court jurisdiction.
The entire process, from arrest to charge, is governed by stringent legislation, including the Police and Criminal Evidence Act 1984 (‘PACE’) and the Criminal Procedure and Investigations Act 1996 (‘CPIA’). At the pre-charge stage, the Crown Prosecution Service (CPS) is legally required to apply the Full Code Test, which demands both evidential sufficiency and a public interest justification before any charge can be authorised.
Full Representation Through All Stages
Phase 1: Early Intervention and Pre-Charge Strategies
Early intervention at the investigation stage can be decisive in preventing charges, narrowing the issues in dispute, or securing an out-of-court outcome. Our pre-charge solicitors work immediately to test the strength of the prosecution's case and protect our clients' rights.
Our team works to intervene early, protect clients' rights, and achieve outcomes designed to prevent unnecessary charges. We can take several steps at this stage:
- Providing expert advice and representation at the earliest stage of a criminal investigation
- Attending interviews under caution
- Making persuasive, well-prepared written representations to the police or CPS
- Gathering defence evidence
- Challenging bail conditions
- Seeking an out-of-court outcome where appropriate
- Seeking disclosure of unused material from investigators
We frequently work alongside barristers, forensic experts, and investigators to test the strength of the prosecution case and protect clients from unnecessary escalation. Preventing a charge is critical to safeguarding both liberty and reputation.
Phase 2: Full Representation and Trial Management
Our commitment to our clients extends throughout the entire process, including representation in court if charges are brought.
Strategic Defence Post-Charge
If the case proceeds, our defence strategy focuses on challenging the core elements of the offence:
- Challenging Intent/Recklessness: We focus on disputing the requisite state of mind, as the prosecution must prove the damage was caused intentionally or recklessly
- Disputing Damage/Valuation: We scrutinise the evidence regarding whether ‘damage’ in a legal sense occurred and challenge the accuracy of the value claimed, which directly impacts the severity of the offence
- Lawful Excuse: Asserting the complete defence of 'lawful excuse' where applicable
Court Proceedings
Should court proceedings begin, we provide full support and representation to navigate the formal legal system:
- Thorough Review of Evidence: Conducting a granular review of the prosecution’s entire file of evidence to identify and exploit inconsistencies
- Tailored Strategies: Developing and delivering bespoke strategies designed to expedite the case and minimise the period of uncertainty
- Robust Representation: Providing professional representation at all court hearings, working alongside leading counsel
- Mitigation: If a conviction is unavoidable, we prepare a comprehensive and compelling case in mitigation to protect your future interests and achieve the most favourable sentencing outcome possible
Individuals and businesses may suffer reputational damage, restrictions on professional and personal life, and the ongoing stress and uncertainty of prolonged proceedings. We deliver tailored strategies to minimise disruption and protect reputations and futures.
Free Initial Discussion
If you are under investigation or have been invited to attend an interview under caution, it is essential that you seek legal advice at the earliest opportunity.
Contact James O’Hara today by calling +44 204 600 9900 or email us at info@culbertellis.com. We can assist wherever you are based across England & Wales.
