Schedule 2 OFFENCES FOR WHICH THE VALUE INVOLVED IS RELEVANT TO THE MODE OF TRIAL
England and Wales
| Offence | Value involved | How measured |
|---|---|---|
| 1. Offences under section 1 of the Criminal Damage Act 1971 (destroying or damaging property), excluding F1— | As regards property alleged to have been destroyed, its value. | What the property would probably have cost to buy in the open market at the material time. |
| (a) any offence committed by destroying or damaging property by fire, and | ||
| (b) any offence committed by destroying or damaging a memorial (see section 22(11A) to (11D)). | ||
| As regards property alleged to have been damaged, the value of the alleged damage. | (a) If immediately after the material time the damage was capable of repair— | |
| (i) what would probably then have been the market price for the repair of the damage, or | ||
| (ii) what the property alleged to have been damaged would probably have cost to buy in the open market at the material time, | ||
| whichever is the less; or | ||
| (b) if immediately after the material time the damage was beyond repair, what the said property would probably have cost to buy in the open market at the material time. | ||
| C12. The following offences, namely— | The value indicated in paragraph 1 above for the offence alleged to have been aided, abetted, counselled or procured, or attempted or incited. | As for the corresponding entry in paragraph 1 above. |
| (a) aiding, abetting, counselling or procuring the commission of any offence mentioned in paragraph 1 above; | ||
| (b) attempting to commit any offence so mentioned; and | ||
| (c) inciting another to commit any offence so mentioned. |
| F23. Offences under section 12A of the Theft Act 1968 (aggravated vehicle-taking) where no allegation is made under subsection (1)(b) other than of damage, whether to the vehicle or other property or both. | The total value of the damage alleged to have been caused. | (1) In the case of damage to any property other than the vehicle involved in the offence, as for the corresponding entry in paragraph 1 above, substituting a reference to the time of the accident concerned for any reference to the material time. |
| (2) In the case of damage to the vehicle involved in the offence — | ||
| (a) if immediately after the vehicle was recovered the damage was capable of repair— | ||
| (i) what would probably then have been the market price for the repair of the damage, or | ||
| (ii) what the vehicle would probably have cost to buy in the open market immediately before it was unlawfully taken, | ||
| whichever is the less; or | ||
| (b) if immediately after the vehicle was recovered the damage was beyond repair, what the vehicle would probably have cost to buy in the open market immediately before it was unlawfully taken. |
Annotations
Textual amendments
- F1
Words in Sch. 2 para. 1 substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 50(1), 208(5)(c) (with s. 50(3))
- F2
Sch. 2 para. 3 inserted (1.4.1992) by Aggravated Vehicle-Taking Act 1992 (c. 11), s. 2(1); S.I. 1992/764, art. 2
Modifications
- C1
Sch. 2 para. 2 modified (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 63(1)(2), 94, Sch. 6 para. 5 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)(g)