Crime CLXVI-Criminal Damage VI

Property with regards to the Criminal Damage Act 1971 is defined by s.10(1) and s.10(2) of the act. S.10(1) and s.10(2) read as follows: -

s.10(1) In this Act “property” means property of a tangible nature, whether real or personal, including money and —

(a) Including wild creatures which have been tamed or are ordinarily kept in captivity, and any other wild creatures or their carcasses if, but only if, they have been reduced into possession which has not been lost or abandoned or are in the course of being reduced into possession; but

(b) Not including mushrooms growing wild on any land or flowers, fruit or foliage of a plant growing wild on any land.

For the purposes of this subsection “mushroom” includes any fungus and “plant” includes any shrub or tree.

s.10(2) Property shall be treated for the purposes of this Act as belonging to any person—

(a) Having the custody or control of it;

(b) Having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest); or

(c) Having a charge on it.

Copyright © 2019 by Dyarne Ward


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