Legislation – Police, Crime, Sentencing and Courts Act 2022
Changes to legislation:
Police, Crime, Sentencing and Courts Act 2022, Section 50 is up to date with all changes known to be in force on or before 27 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 2 Ch. 3A inserted by 2024 c. 21 s. 28
- s. 44F inserted by 2024 c. 21 s. 29
PART 2Prevention, investigation and prosecution of crime
CHAPTER 4Other provisions
Criminal damage to memorials
I150Criminal damage to memorials: mode of trial
1
In Schedule 2 to the Magistrates’ Courts Act 1980 (offences for which the value involved is relevant to the mode of trial), in paragraph 1 (offences under section 1 of the Criminal Damage Act 1971), in the first column, for the words from “any offence” to the end substitute
2
In section 22 of that Act, after subsection (11) insert—
11A
In paragraph 1 of Schedule 2 “memorial” means—
a
a building or other structure, or any other thing, erected or installed on land (or in or on any building or other structure on land), or
b
a garden or any other thing planted or grown on land,
which has a commemorative purpose.
11B
For the purposes of that paragraph, any moveable thing (such as a bunch of flowers) which—
a
is left in, on or at a memorial within the meaning of subsection (11A), and
b
has (or can reasonably be assumed to have) a commemorative purpose,
is also to be regarded as a memorial.
11C
a
references to a building or a structure include a reference to part of a building or part of a structure (as the case may be), and
b
something has a commemorative purpose if at least one of its purposes is to commemorate—
i
one or more individuals or animals (or a particular description of individuals or animals), or
ii
an event or a series of events (such as an armed conflict).
11D
It is immaterial for the purposes of subsection (11C)(b)(i) whether or not any individuals or animals concerned are or were (at any material time)—
a
living or deceased, or
b
capable of being identified.
3
The amendments made by this section do not apply in relation to offences committed before it comes into force.