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The way that people see the environment they live in has a
massive impact on individual behaviour and local community.
A neglected physical environment is unsafe as it undermines
pride in the local community that can lead to further degradation.
It can also trigger other anti-social behaviour activities.
It is therefore very important that graffiti crime is
stamped out and offenders challenged and penalised for it.
Graffiti should be removed swiftly and offenders prevented from doing it again.
Evidence does show that if graffiti is removed rapidly and persistently,
it is less likely to come back.
Many street cleansing teams now provide a rapid response service in removing graffiti.
Anti- graffiti paint (protective coatings)
can also be useful but needs to be backed up with enforcement.
Graffiti is criminal damage under the Criminal Damage Act 1971 (section 1).
If the value of criminal damage exceeds £5,000.
-the maximum custodial penalty for those aged 18 or over is 10 years imprisonment.
- the maximum custodial penalty for those aged 12-17
is a detention and training order of up to 24 months.
If the value of the damage is less than £5,000.
- the maximum sentence for those aged 18 or over
is three months imprisonment or a fine of £2,500.
- For those aged 12-17 there is no custodial provision although
there is a range of community sentences available
to the court such as Reparation Orders and the Final Warning Scheme.
If the graffiti offence is minor.
- A fixed penalty notice of £50 may be issued for minor graffiti offences.
From 31 March 2004 the Anti-social Behaviour Act 2003
allows a fixed penalty notice of £50 to be issued by local authority
community support officers (whether accredited or not),
police community support officers (PCSOs) and anyone accredited by
the police under a community safety accreditation scheme.
Evidence suggests that if removed rapidly and persistently,
graffiti is less likely to come back.
Many street cleansing teams now cover graffiti enabling a rapid-response capacity.
Anti- graffiti paint (protective coatings) can also be useful.
However, this needs to be backed up with enforcement.
Defacement removal notices
Section 48-52 of the Anti-Social Behaviour Act 2003,
as amended by section 31 of the Clean Neighbourhoods and Environment Act 2005,
gives local authorities the power to serve defacement removal
notices on certain bodies responsible for the surface where graffiti or fly posting has appeared.
These bodies include the owners of street furniture (bus shelters, street signs, phone boxes etc),
statutory undertakers (such as Network Rail)
and educational establishments.
The notice gives a minimum of 28 days for the removal of the graffiti.
If after that time it has not been removed the local authority can remove it and recover its costs
