AntiSocial Behaviour - Graffiti

 

Graffiti and flyposting are against the law. There are a number of actions you can take against the  vandal as well as getting the damage repaired.

Vandals

According to the law, anybody who destroys or damages property is guilty of a criminal offence, punishable by prison sentence of up to 10 years. If someone is found to be carrying anything that they intend to use to vandalise property they are liable for the same sentence.

If the vandal uses racist language - for example in graffiti or towards the victim - they are guilty of a "racially aggravated criminal offence", which carries a sentence of up to 14 years.

If you see someone vandalising or you believe that they might be planning to, call the police immediately

The Law

Under Section 1 of the Criminal Justice Act 1971 any person who unlawfully destroys or damages property is guilty of a criminal offence. The Crime and Disorder Act 1998 introduced the "racially aggravated criminal offence" which is committed when the offender uses aggressive or threatening language either before or after the offence.

    

Getting graffiti or flyposting removed

The council can force the owners of the property that has been vandalised to clean it up, and you should contact the Environmental Health Officer to make this happen.

The Law

A local authority (County or District Council) can serve a "defacement removal notice" on the owners of the property under Sections 48, 49, 50, 51, and 52 of the Anti-Social Behaviour Act 2003 to make them clean the graffiti or fly posts off their property.

Page last updated/reviewed 30th December 2009