Sunday 28 September 2008



What is vandalism / criminal damage?
Criminal damage refers to crimes where any person without lawful excuse intentionally or recklessly destroys or damages any property belonging to another. Activities resulting in non-permanent damage (i.e. that can be rectified, cleaned off or removed at no cost) such as letting down of car tyres should not be classed as criminal damage, nor should accidental damage.
Any damage around a point of entry to a house or vehicle should be treated as attempted burglary / vehicle crime rather than criminal damage if, on the balance of probabilities, one of those crimes is the more likely offence than criminal damage.
Vandalism is the term used in the British Crime Survey. Whilst the definition has been kept as close as possible to that of criminal damage, it only covers crimes against households and household property, including cars.
Tackling vandalism and other criminal damage
This guide gives a short overview to vandalism and criminal damage, why it's important and what approaches have been demonstrated to be successful in reducing crime.
Title: Tackling vandalism and other criminal damageAuthor: Home OfficeNumber of pages: 4Date published: January 2006Availability: Download guide PDF 59Kb
Why reduce criminal damage?
Comparator crimes are those crimes for which we can directly compare statistics from the British Crime Survey and police recorded crime. Criminal damage makes up over a third of these comparator crimes. Driving criminal damage down is, therefore, crucial to delivering the crime reduction targets that Crime and Disorder Reduction Partnerships (CDRPs) have agreed with the Government Offices / Welsh Assembly Government.
Criminal damage consistently features highly (top 3) in lists of anti-social behaviours causing most concern to the public. It is also believed to cost the UK around £2.1billion per year.
Facts and figures
At a national level - from British Crime Surveys, Crime and Justice Surveys and recorded crime data - much is known about the nature of the problem. For example:
· Around 40% of BCS vandalism is against vehicles, with damage to bodywork, wing mirrors and tyres most common
· Around a quarter of BCS vandalism is to homes with damage to walls, fences and other garden items most common
· Victims of previous criminal damage incidents and those living in high crime areas are at a much higher risk
· Cars are most often damaged when parked in the street near the owner's home
· Offenders are predominantly aged 21 or under and gave reasons for committing the crime that include alcohol; for the buzz or being bored; and revenge / annoyance with the victim;
· Over 80% of offences are committed on the spur of the moment
· Recorded crime figures suggest that racial motives appear to be behind only a small minority of offences, but these figures may not show the true scale of the problem. Nor do they show how many criminal damage incidents are the result of other 'hate' motives like homophobia
What works in reducing vandalism / criminal damage
The report outlines a number of potential solutions that have been used effectively to reduce vandalism. Each of these is illustrated in the guide.
· Acceptable Behaviour Contracts (ABCs)
· Anti-social Behaviour Orders (ASBOs)
· Performance management
· Publicity
· Partnership approaches
· Crackdown and consolidation
Getting a copy
Download Vandalism - the problem PDF 59Kb
^ back to top ^
Tools and powers for tackling criminal damage
This guide looks at how criminal damage is punished and the legislative tools that are available to practitioners when devising solutions
Title: Tools and powers for tackling criminal damageAuthor: Home OfficeNumber of pages: 5Date published: January 2006Availability: Download guide PDF 66Kb
Sanctions
Under the Criminal Damage Act 1971 the maximum sentences that may be handed down for criminal damage are:
· life for arson, criminal damage that endangers life, or for threat or possession with intent to commit criminal damage involving explosives;
· 14 years where racially or religiously aggravated; and
· 10 years for all other forms of criminal damage, including threat or possession with intent to commit criminal damage.
Often, however, the cases will be minor and so can be dealt with in a magistrates' court. The court will take into account the damage and trouble caused in restoring the property when sentencing:
· if the value of exceeds £5,000, the maximum penalty is six months in jail and a £5,000 fine
· if the value is less than £5,000, the maximum sentence is three months imprisonment or a fine of £2,500
Fixed Penalty Notices (FPNs) and Penalty Notices for Disorder (PNDs) may also be used against some forms of criminal damage and vandalism:
· Police, Police Community Support Officers (PCSOs), local authority authorised officers and persons accredited by the chief officer of the police force may issue a fixed penalty notice of £50 for minor graffiti and fly posting (both of which are likely to constitute criminal damage) to individuals aged 10 years and over.
· Police and PCSOs (but not accredited persons) may also issue a penalty notice for disorder of £80 to those aged 16 years and over for destroying or damaging property that is valued at under £500.
ASBOs and ABCs can also be used to reduce the incidence of vandalism.
Powers
The guide suggest the use of a number of powers in tackling the problem. The powers can be encapsulated within the following solutions:
· Reducing the availability of alcohol, especially to minors
· Dispersal of groups of potential offenders
· ASB response courts
· Community impact statements
· Supporting victims and witnesses
· Mediation
· Partnership working
Getting a copy
Download Vandalism - tools and powers PDF 66Kb
^ back to top ^
Environmental approaches to tackling vandalism
This guide looks at how buildings and public spaces can be designed (or re-designed) to deter criminal damage. It features the Office of the Deputy Prime Minister report 'Safer places: The planning system and crime prevention'.
Title: Environmental approaches to tackling vandalismAuthor: Home OfficeNumber of pages: 4Date published: January 2006Availability: Download guide PDF 277Kb
The guide discusses the following aspects of environmental design and how they might be applied to reduce vandalism:
· Access & movementplaces with well-defined routes, spaces and entrances provide for convenient movement without compromising security.
· Structureplaces that are laid out so that crime is discouraged and so that different uses do not cause conflict.
· Surveillanceplaces where all publicly accessible spaces are overlooked
· Ownershipplaces that promote a sense of ownership, respect, territorial responsibility and community
· Physical protectionplaces that include necessary, well-designed security features
· Activityplaces where the level of human activity is appropriate to the location and creates a reduced risk of crime and a sense of safety at all times
· Management and maintenanceplaces that are designed with management and maintenance in mind, to discourage crime in the present and the future
Getting a copy
Download Environmental approaches to tackling vandalism PDF 277Kb
^ back to top ^
High visibility policing guide
This guide builds on Tools and powers for tackling criminal damage and outlines the effect that high-visibility police, PCSOs, wardens and neighbourhood watch can have.
Title: High visibility policing guideAuthor: Home OfficeNumber of pages: 4Date published: January 2006Availability: Download guide PDF 62Kb
High visibility policing - by police officers, police community support officers, neighbourhood or street wardens, or others - can act as an effective deterrent to potential vandals, as well as being a reassurance to the public. It is, however, resource intensive so, to be most cost-effective, needs to be well-targeted at the main hot-spots and times. Taking an evidence-led, problem-oriented approach backed up by an effective performance management system is vital.
· Police In addition to powers of arrest, the police can use the full range of powers outlined in Vandalism - tools and powers
· Police Community Support Officers PCSOs provide a visible and uniformed presence in the community, directly helping the police to tackle criminal behaviour, and providing a valuable service in reassuring the local community.
· Neighbourhood or street wardensNeighbourhood or street wardens provide a highly visible, uniformed, semi-official presence in residential and public areas, town centres and high-crime areas. Many schemes have systems that enable wardens to report instances of vandalism and graffiti to the relevant authorities.
· Neighbourhood WatchNeighbourhood Watch is a partnership that enables local people to help make their communities safer by liaising with the police and other local agencies. The partnership aspect of Neighbourhood Watch schemes is an important means of making police and local authorities aware of residents' concerns.
The guide concludes with a discussion of other steps that can be taken to engage the public in policing vandalism, such a high-profile single contact numbers to make the reporting of low-level crime easier.
Getting a copy
Download High visibility policing guide PDF 62Kb
^ back to top ^
Tackling Youth Vandalism
The victims of vandalism are broadly spread across a variety of social categories. However, two thirds of offenders are aged 21 and under. This guide provides suggestions for diversionary activities for people in this age group.
Title: Tackling youth vandalismAuthor: Home OfficeNumber of pages: 5Date published: January 2006Availability: Download guide PDF 65Kb
Providing young people with educational and diversionary activities and equipping them with key basic skills - whilst ensuring that a robust framework of penalties exists - is an important step in addressing vandalism, and offending more widely. Not only are there large similarities in the underlying factors across a number of crime types, but crimes such as vandalism - if not dealt with early on - could potentially lead to the development of more serious criminal behaviour.
· Sports based activities and programmesWhen asked why they had committed vandalism, 23% of offenders cited boredom, and a further 18% 'for the buzz'. It is important that young people are able to channel their energies positively. In addition to managed programmes, there is also a need for recreational facilities for teenagers that are free and available to use at all times, because venues for organised activities are not open all day or may request a charge for use. This could include open spaces, where young people can play ball games and ride bikes without disturbing others.
· Arts based activities and programmesAs with sports based activities, arts programmes can increase a young person's sense of self esteem and confidence, as well as developing important team-working and communication skills.
· Youth sheltersShelters provide an area for young people to congregate (so seating is important) thereby concentrating litter, noise etc. ideally in an area where it is going to cause the least problem to others. Shelters vary from the very basic to venues with sporting facilities, such as a kick wall or a basketball hoop.
· Educational programmesRecreational facilities should not be seen as definitive solutions in themselves. Rather, they should accompany strategies to combat such factors as educational and social exclusion, or alcohol and drug dependency, as these are often common to young offenders. It is important that those who have fallen out of the school system - through, for example, truancy and exclusion - remain engaged and inspired, so they are less likely to commit criminal offences.
· Alcohol reduction programmesBeing drunk in the most commonly cited reason for committing acts of anti-social behaviour (including vandalism). Powers discussed in Tools and powers for tackling criminal damage can be used to help reduce criminal damage.
· Restorative justiceRestorative justice can be an effective means of helping young people who have committed criminal damage better understand and appreciate the concerns of the victim, and the impact on society of their actions. This can include direct or community reparation.
· Children under 10Children below the age of criminal responsibility also commit vandalism. A Child Safety Order can be applied for by a local authority. It requires a child under 10, who has been involved in anti-social or criminal behaviour, to comply with a specified set of measures. These are usually used with a parenting order and contain a range of requirements, for example restricting the child's behaviour and attending educational programmes.
Getting a copy
Download Tackling youth vandalism PDF 65Kb
^ back to top ^
Tackling arson
Arson fires are those fires where malicious or deliberate ignition is suspected. Although arson makes up a small proportion of police recorded crime (4% in 2004/05) some cases of arson are not recorded as such because they take place alongside crimes with more severe penalties, and also the police may not been called to all arson scenes. However, the number of arson incidents attended by the fire rescue services over the last decade has doubled.
Title: Tackling ArsonAuthor: Home OfficeDate published: April 2006Number of pages: 4Availability: Download Tackling Arson PDF 57Kb
At its most serious, arson can lead to the loss of life, as well as inflicting serious financial damage - the direct financial costs alone are estimated to amount to around £2.4 billion in 2004. In addition, in communities where arson is persistent, it can be indicative of a wider problem with anti-social behaviour, and can lead to residents feeling highly vulnerable.
The risk of being a victim of arson is not evenly spread, with those living in socially deprived areas most at risk of experiencing arson against themselves, or against their community. Arson rates are 30 times higher in poorer areas, with a 15-fold increase in the chance of death compared with affluent areas.
In terms of offender profile the extent of what is known is limited by the 8% detection rate. However, it is likely that arson shares many links with criminal damage more widely. A large number of offences are committed by young people under 18, within their local area, and often in groups. Moreover, the majority of arson is unplanned, arsing from opportunity, and perhaps even peer pressure.
One of the main strategies for preventing arson is therefore providing young people with educational and diversionary activities. This of course should be accompanied by making arson harder to commit, as well as ensuring that clear investigation policies exist to increase the chance of catching offenders when they have committed an arson offence.
Getting a copy
Download Tackling Arson PDF 57Kb
^ back to top ^
Criminal damage - Problem analysis
Criminal Damage, or vandalism, is a term that covers a wide range of offences. Some people have talked about 'not knowing where to start' in tackling it. Efforts to reduce criminal damage are more likely to succeed if they are based on breaking the problem down into smaller, well-understood chunks, or problems; and each of these problems addressed in turn.
Title: Criminal damage - Problem analysisAuthor: Home OfficeDate published: May 2006Number of pages: 3Availability: Download Criminal damage - Problem analysis PDF 57Kb
WHY DO PROBLEM ANALYSIS?
It makes sense that the smaller a problem you try to tackle, the more likely you are to find a suitable solution. An attempt that tries to tackle all criminal damage, is unlikely to find a solution that works across the whole range of types of damage. So problem analysis enables solutions that can be tailored to fit.
WHAT IS PROBLEM ANALYSIS?
Essentially, Problem Analysis is about understanding what 'problem' you are trying to solve.
When criminal damage to vehicles rose in an urban CDRP, problem analysis enabled analysts to find out what was causing the rise in the numbers 'spates of tyre slashing' which was the first step towards deciding how to tackle it . This illustrates that some of the key steps in problem analysis are digging into more detail of the data; then using the information to define what the problem is.
Other examples of how to 'break down' a problem are:
· focussing on a particular area, perhaps just a few streets, which seem to be suffering disproportionately;
· analysing which times of day, or day of week, crimes are committed;
· looking for similar crimes - with the same modus operandi (MO), or shared characteristics of victims.
Getting a copy
Download Criminal damage - Problem analysis PDF 57Kb
^ back to top ^
Environmental Clean Up Days
Everyone should be free to live and work in clean and well kept spaces that are both safe and attractive. Clean up days and clean up projects challenge local people and agencies to tackle issues of local environmental concern, such as graffiti, abandoned vehicles, other damage and flytipping.
Title: Environmental Clean Up DaysAuthor: Home OfficeDate published: May 2006Number of pages: 4Availability: Download Environmental Clean Up Days PDF 57Kb
There are two main types of clean up day. The first involves a resident or a group of residents cleaning up their area on an ad hoc basis.
The second, which has more sustained and widespread benefits, is a coordinated multi-agency approach whereby staff from a number of different local agencies ‘patrol’ an area for a day and use their joint powers to tackle all the ‘clean up’ issues they come across. Crucial to their success are adequate advance planning and the support and involvement of the public, the local media and a variety of local agencies. They are especially effective if held at regular intervals.
The Middlewich Clean Team, a voluntary residents group in Cheshire, started as a group of six individuals who wanted to develop and promote a culture of pride in the community. It now has over 90 active members that meet regularly to help keep their town clean. Members are informed of the date and location of upcoming clean-up days via the website. In 2003 the Team received £1000 in the ‘Taking A Stand’ awards, which they invested in educating the local school children about the importance of keeping their town clean. For more information visit www.middlewich-cleanteam.co.uk.
Getting a copy
Download Environmental Clean Up Days
Last update: Thursday, November 16, 2006
Related Links
· Home Office website
· Together website
· Respect action plan
· A guide to ASBOs and ABCs
· Safer Places
· Crime statistics
· Tackling alcohol-fuelled disorder in town and city centres
· Key points to help CDRPs tackle crime and disorder in the night-time economy
· School vandalism and break-ins
· Graffiti and vandalism on and around public transport
· Decent parks? Decent behaviour?
· The alley-gaters guide to gating alleys
· A real rise in crime or a passing spate? The example of tyre slashing in the West Midlands PDF 264Kb
All rights reserved © Copyright 2006, 2007, 2008


· NEWS
· NEWS FEATURES
· COMMENT
· MUSIC
· ARTS
· FILM
· TV
· E2
· SPORT
· FASHION
· In Pictures
· Archive
· Forum




Issue 189 » News Features
Graffiti: Art or vandalism? (Issue 189)


Selina Cuff 26 February 2007 (Issue 189)
And though present in ancient times - early graffiti can be seen on ancient walls in Pompeii and Rome - it is often seen as having burst onto the underground scene in the late 60s, coming out of American ghettos and being associated with political subversion and disenchanted youths. Unsurprisingly, having its roots in an often violent and disadvantaged environment has forever tarnished graffiti with the stigma of vandalism and criminality.
However, with the announcement on 10 February that a graffiti wall mural was being sold by a Devon art gallery, it is hoped that the art world, and society, are beginning to embrace graffiti. The 25ft by 6ft piece by Bristolian graffiti artist Banksy is situated on the side of a house in Mivart Street near Easton. The owners of the house were unaware of the piece being created back in 2004, having let the house out to students who did not report it when it appeared. The owners now wish to sell the house but were horrified to find that most prospective buyers would paint over the mural. So they have taken the unusual step of selling the mural, with house attached, through an art gallery. Red Propeller Gallery in Devon is hoping the piece will sell for excess of £200,000, the reported sum Angelina Jolie and Brad Pitt paid for a Banksy canvas last year. This unconventional method of selling a house with the condition of preserving the graffiti marks a growing acceptance and popularity of an art medium often referred to as vandalism. But while celebrities may be forking out for Banksy pieces and galleries are selling houses which would have previously been considered defaced, other aspiring graffiti artists still face the prospect of criminal charges, ASBOs and prison time for destruction of property.
Epigram spoke to a University of Bristol student and graffiti artist, who wished to remain anonymous, about his art, including a work in progress in his rented room in Bristol (pictured). The student said the motivation for creating the pieces in his room was that, "the police can't bother me in my room. You can spend more time in your room, doing things that you can plan and draw first. It has taken me about 3 months because I am a slower worker, yeah there is a certain aspect of 'yeah I do graffiti I would like my room saying that as well'. And there is part of it that is me trying to keep out of the way of the police, doing it somewhere safe where I can see what I am doing rather than doing it in the dark. I got heavily busted when I was about fourteen - I got told if I ever wrote in the town again I would be sent straight to court. So that put me off doing illegal pieces - now I stick to doing legal pieces which I enjoy
more because I can take my time over them."
There are obvious problems with doing graffiti in your student let, mainly the landlord's reaction, something our student is fully aware of: "He doesn't know, and hopefully he will never find out. It is probably cheaper to buy a massive bucket of paint and paint over it then get into a massive argument with the landlord about it being art."
Recently, there have been further calls from the graffiti community for more designated spaces for graffiti: "I personally think the government should sanction more walls, and give people the oppurtunity to do good graffiti art," our anonymous student told Epigram. The acceptance of graffiti by authorities and societies is a growing feature of other European countries. Countries such as Spain and Italy that have strong artistic traditions - being the homelands of some of the greatest artistic movements - have embraced graffiti, providing commissions and allowing graffiti artists space in which to perfect their art. "As long as people aren't going around spraying paint on museums you can get away with doing it in broad daylight and I think that is a beautiful thing, they [Spain] are accepting it," said the anonymous student, who has studied the graffiti in Spain. It is thought by many in the graffiti community that if English authorities and communities embraced graffiti as our Spanish and Italian counterparts have then the standards of English graffiti would noticeably improve, giving cities beautiful murals like the ones displayed here. "I love walking around the city and seeing bits of graff, it gives so much beauty, it really brightens places up," the student noted. The acceptance of graffiti by these countries has created a huge portfolio of amazing art - you only have to perform a quick Google search to see the prevalence of European graffiti, with Italy and Spain providing 9,420 and 4,530 images respectively, while an English graffiti image search gives only 867 returns.
As our student explains, "it is about how society deal with it - if you ostracise people doing graff then they won't get good; if people would appreciate that some graffiti art is good then it is quite easy to see what is good and what is bad, but it is too ingrained in public minds that all graffiti is bad. I have been told that graffiti is what is bringing society down."
But the tides indeed seem to be changing, and in part this can be seen to be down to the work of artists like Banksy, who have been accepted into the mainstream having exhibits in London and LA and selling pieces through well respected institutions like Sothebys - this month the auction house sold a piece by Banksy
entitled 'Bombing of Middle England' for £102,000. Graffiti is becoming slowly incorporated into English conventional culture, many popular brands are using tagging styles for logos, and the use of graffiti in advertising is also growing. And English graffiti artists are being commissioned by festivals and other artistic institutions and events to do murals and big pieces. The University of Bristol student himself has been commissioned to do murals, an example of a collaborative piece he undertook two years ago being pictured below. Being commissioned and therefore producing legal pieces has left our anonymous student keen to do more. "It is great, you get the time and safe to do something beautiful. There was a group of us and we got to spend all day in the sun painting the piece, got pissed in the evening and then were back out there the next morning."
Even the University of Bristol Students' Union is riding the waves of change. UBU treasurer Matt Seow told Epigram that he personally could not see any reason why graffiti artists could not give union property, like the rather lifeless Union car park, a facelift if students were interested: "Management would be fine with it as long as it doesn't cause any health & safety issues [like making the car park any darker]."
Yet even despite this seeming open-mindedness on the part of union, Matt Seow went on to tell us that while "the Union does not discriminate against graffiti art itself," it would not "be able to authorise a graffiti society if the activities to be carried out are illegal. Even if we were to allow a society to set up, that still would not give them permission (nor make it any more legal) to decorate walls around Bristol. However, if graffiti is only carried out where there is permission, we would not take issue with allowing a graffiti society."
It would seem that English artistic culture and particularly Bristol student culture is beginning to embrace graffiti for its own artistic merits rather than for the allure of underworld and criminality that once graced the art, giving it an air of rebellion but also a long-standing label of vandalism. Hopefully the government will follow suit and allow graffiti to brighten our dank and lifeless walls. Yet, with the continued clamping down on graffiti artists or 'vandals' and the increasing number of schemes to catch them, such as the latest initiative of London council to take pictures of local artists' tags in the hope they can trace the offender (or artist), it appears that the government and society are far from embracing graffiti as their traditionally more radical and forward thinking siblings - the art and student cultures - are.
Add to:
Comment on this article

Comments
Comments are listed with the most recent at the top.
Graffiti: Art or Vandalism?


Jo Mattock 14 February 2005 (Issue 168)
We are all artists, they cried in the sixties. "Now, for the price of an aerosol it's true. Pick your view and sign it." So says Iain Sinclair about 'taggers' in Lights out for the Territory.
Tagging is generally considered vandalism, a more complex version of 'I woz here' to be erased by town councils and other authorities. More complex graffiti is slowly being accepted as an art form, with recent exhibitions and sales of 'street art'. Graffiti is often used to decorate the outside of shops and clubs. It sends a certain message, and attracts a certain customer. It can be seen in Bristol on the Lakota nightclub in Upper York Street and on shop fronts on Gloucester Road. This is graffiti art that has been sanctioned though; graffiti with permission, unlike tagging which remains on the fringes of acceptability.
It's easy to see why authorities consider taggers a pest. Their canvasses include streets, signs and buildings, all in public areas and all without consent - obviously. There wouldn't really be any point in tagging if it was allowed. Part of its appeal is the rush of doing something illegal, of asserting your own identity against an anonymous authority. The images and stylized words left are considered ugly and aggressive - they lay
claim to the city, to the streets, to the buildings. Tagging embodies a certain culture, a certain destructive, angry contempt for society. "Remember, crime against property is not real crime," says Banksy, a Bristol graffiti artist, on his website. It is a challenge and threat to authorities.
But isn't that the point of art? It is meant to challenge us, to take away our complacency, perhaps to threaten us, and tagging does. It gives us no choice but to see it. Art confined to museums is fairly safe; we can go to view it if we wish, we can turn away and leave if it disturbs us, but this is not true of graffiti.
The discussion of whether tagging is art was recently played out when Banksy left his tag on the Thekla, a floating theatre and arts venue in Bristol docks. After posting a picture on their website and getting positive feedback from customers, the Thekla decided to keep their artwork, feeling that it "went with the industrial setting." Harbour manager Mr Smith, of Bristol City Council disagreed and ordered it to be painted over as it was detrimental to the docks and the city. "Setting aside any legal issues," say the Thekla on their website, "who is the vandal - Banksy or Smithy?"
It's personal opinion as to whether the tags themselves
have artistic merit, and this may vary between tags. A local tagger, known as Paws, leaves his personal motif of a cartoonish teddy bear paw. The symbol has progressively mutated and abstracted, breaking into its component parts in a radical analysis of space and form. Like Banksy's, the essence of Paws's art resides in its fused elements of repetition and experimentation: a fluid dualism that underlies all expressions of graffiti art. For this reason, erasure of the works by cruder spray-can vandals and, of course, officialdom, is as basic to the form as its initial creation.
Some may say that in its transient, shifting and self-referential nature, graffiti art epitomises, in both product and process, the flux and, arguably, futility of city life. However, this analysis is, I believe, crap. Criticising tagging and deconstructing it in the language of the art establishment is absurd. The nature of tagging resists it. For the tagger, nothing should be taken seriously, least of all tagging. Banksy's flippant view of what he is doing can be seen on his website. "People look at an oil painting and admire the use of brushstrokes to convey meaning. People look at graffiti painting and admire the use of a drain pipe to gain access," he says.
Add to:
Comment on this article