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Crim Dam less than £5000


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I am.hoping someone cam point me in the right direction. Long story short does anyone know the law/caselaw/codes of practice which says even though Criminal Damage that is less than £5000 will only go to magistrates court it is still treated as either way for other PACE powers such as power of entry. It might be linked  to theft as that is similar.

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Sceptre

S22 Magistrates' Courts Act 1980 and Schedule 2. Note it doesn't include offences of arson nor any offence other than under S1 of the Act. 

The section is written in such a way that it does not become a summary offence, but the magistrates are entitled to proceed as if it were summary only. There isn't an explicit paragraph preserving PACE powers as was written into S176(6) ASBCPA 2014 for low value shoplifting inserted into S22A MCA, but the phrasing there went along the lines of "is triable only summarily" rather than "proceed as if it were" so there is a distinction.

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16 minutes ago, Sceptre said:

S22 Magistrates' Courts Act 1980 and Schedule 2. Note it doesn't include offences of arson nor any offence other than under S1 of the Act. 

The section is written in such a way that it does not become a summary offence, but the magistrates are entitled to proceed as if it were summary only. There isn't an explicit paragraph preserving PACE powers as was written into S176(6) ASBCPA 2014 for low value shoplifting inserted into S22A MCA, but the phrasing there went along the lines of "is triable only summarily" rather than "proceed as if it were" so there is a distinction.

You my friend are a star! You have pulled me right out of the you know what!

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