Overview

This bill creates a new criminal offence in England and Wales specifically for the desecration of war memorials. It amends the Criminal Damage Act 1971 to include "desecration" as a punishable act, and removes the ability for minor cases to be handled summarily.

Description

The Desecration of War Memorials Bill introduces a new clause (1A) into the Criminal Damage Act 1971, making it an offence to destroy, damage, or desecrate a war memorial. "Desecration" is broadly defined to include acts of disrespect such as graffiti, burning, spitting, urination, or defecation. The bill specifies penalties: up to 12 months imprisonment or a fine on summary conviction, and up to ten years imprisonment or a fine on indictment.

The bill also modifies the Magistrates' Court Act 1980 to ensure that all cases of war memorial desecration are treated seriously and are not subject to a lower threshold of damage for summary trial, as determined by the value of the damage, as may apply to other cases of criminal damage. The definition of "war memorial" includes physical objects, graves, or headstones commemorating those involved in or affected by conflict, encompassing civilians and animals. The Act will come into force six months after it receives Royal Assent, and will apply only to England and Wales.

Government Spending

The bill does not directly specify any changes to government spending. However, increased prosecutions and potential prison sentences could lead to increased costs for the justice system (police, courts, prisons).

Groups Affected

Groups potentially affected include:

• Individuals who desecrate war memorials: They will face prosecution and potential imprisonment.
• The justice system: Increased workload due to new prosecutions.
• War veterans and their families: This bill aims to protect their sentiments by criminalizing the desecration of memorials to those who served in conflict.
• Local authorities and organisations responsible for maintaining war memorials: Increased responsibility for ensuring the protection of such memorials.

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