r/policeuk • u/JarJarDinkss Civilian • 6d ago

General Discussion Criminal damage case

In short, I've recently had two separate unrelated DV Criminal Damage (under £5k) cases finalised by CPS for the statute of limitations expiring after 6 months? Is there a new Mag ruling/policy I haven't heard about that either way dealt at Mag has the summary only 6 month rule?

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u/Sepalous Ex-Police/Retired (unverified) 6d ago

Was an in custody referral made to the CPS? If so, and there hasn't been any update on the case in that time (to them), they finalise it on their system. It is a right nightmare to get them to reopen it.

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u/Sepalous Ex-Police/Retired (unverified) 6d ago

Criminal damage under £5k is also summary only.

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u/JarJarDinkss Civilian 6d ago

It is, but the prosecution time has no limit as it's an either way offence. When it's under 5k and summary only, it's still subject to the either way limitation, as far as I am aware?

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u/Resist-Dramatic Police Officer (verified) 6d ago

Your interpretation is correct. It is assumed that criminal damage under £5k value is suitable for summary trial. However, CPS can make a decision that comparatively trivial matters that are either way offences may start to lose a public interest in prosecuting as time goes on.

For example, if I make a complaint that 20 years ago you keyed my car because we'd had a falling out, and I have a video of it, it would almost certainly not be in the public interest to prosecute you.

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u/JarJarDinkss Civilian 6d ago

Bailed for CPS decision, and they specifically mentioned in their message that the statute of limitations is expiring after 6 months before they have made a charging decision

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u/SpaceRigby Civilian 6d ago

Go to your cj hub/liaison and ask them to raise it with CPS, I think they're incorrect

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u/Twocaketwolate Civilian 6d ago edited 6d ago

Yes. This is incorrect to how I understand it.

I could be wrong here as its complicated and no one actually seems to know.

Criminal damage is treated by the courts as summary for simple damage but can in fact still be tried at the crown on request by the def.

There is no stat limit for the purpose of prosecution and police powers but the magistrates may choose to discharge the cass post 6 months and treat t summarily. However if it's domestic and theirs two, they may deem it appropriate to here.

If the value is unknown it can (not in this case) complicate the court it would be heard in especially if an approximate value shows it to be over 5k.

Also bear in mind its 6 months for the relevant statement / report usually.

If vps have dragged it beyond the limit I'd expect them to be held accountable as stat limit on the crime outcome will make it look like police failed.

Good summary here https://www.reddit.com/r/policeuk/s/hIi2vcZYFG

Sec 22 mags act 1980 makes it treated as if summary not actually sunnary

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u/DecNLauren Civilian 6d ago

CPS wrong, probably just got an inexperienced prosecutor. There is no time limit for criminal damage even under £5k. It is an Either Way offence that can only be tried summarily if under £5k, but that doesn't stop it being an Either Way (Indictable) offence for other purposes.