Vandalism and malicious mischief
Vandalism is the statutory offence of wilfully or recklessly destroying or damaging someone else's property without reasonable excuse, under section 52 of the 1995 Act. Malicious mischief is the related common law crime, often used for serious or costly damage.
Law checked as at 25 September 2026. Legal information only, not legal advice, and not a prediction of any sentence.
At a glance
| Also known as | Criminal damage, Vandalism, Malicious mischief, Graffiti |
|---|---|
| The law | Criminal Law (Consolidation) (Scotland) Act 1995, section 52 (vandalism); common law of Scotland (malicious mischief) |
| Where it is tried | vandalism under section 52 is summary only, heard in the JP court or sheriff court under summary procedure. Malicious mischief, being a common law crime, can be prosecuted in any court, including under solemn procedure where the damage is extensive. Deliberately setting fire to property must be charged as wilful fire-raising, not vandalism. |
| Maximum penalty | Vandalism (section 52, summary only): in the JP court, up to 60 days' imprisonment and/or a fine of up to £1,000 (level 3); in the sheriff court, up to 3 months' imprisonment for a first offence or 6 months for a later one, and/or a fine of up to £10,000. Malicious mischief is a common law crime, so the limit depends on the court: JP court 60 days and/or £2,500; sheriff summary 12 months and/or £10,000; sheriff and jury 5 years and/or unlimited fine; High Court life imprisonment and/or unlimited fine. The court can also order compensation for the damage. |
Maximum penalties are the most a court can impose for the worst cases. Most sentences are far lower, and the actual sentence depends on the facts, any guilty plea and the court's assessment.
What the prosecution must prove
- That property belonging to someone else was destroyed or damaged
- That the accused did so wilfully (deliberately) or recklessly
- For vandalism, that there was no reasonable excuse
- For malicious mischief, that the damage was wilful, wanton and malicious; the common law crime can also cover deliberately causing someone financial loss by interfering with their property
- That the accused is identified by corroborated evidence
Defences and common issues
- Reasonable excuse (vandalism): for example, damaging property to rescue someone in an emergency.
- Accident: damage that was neither deliberate nor reckless is not vandalism or malicious mischief.
- The property was the accused's own.
- Identification: disputing that the accused caused the damage.
- Time bar: summary proceedings for vandalism must normally begin within six months of the damage (section 136 of the Criminal Procedure (Scotland) Act 1995).
Frequently asked questions
What is the difference between vandalism and malicious mischief?
Vandalism is a statutory offence under section 52 of the Criminal Law (Consolidation) (Scotland) Act 1995: wilfully or recklessly destroying or damaging someone else's property without reasonable excuse. It can only be tried summarily, with low maximum sentences. Malicious mischief is the older common law crime of wilful, wanton and malicious damage. Prosecutors tend to use it where the damage is widespread or costly, or causes wider disruption, because it can be prosecuted in higher courts with greater sentencing powers.
Is graffiti vandalism?
Usually, yes. Spray-painting, scratching or marking property that belongs to someone else without permission generally counts as damaging it, so it can be charged as vandalism under section 52 of the Criminal Law (Consolidation) (Scotland) Act 1995. The offence can be committed wilfully or recklessly, and there is a defence of reasonable excuse. Having permission from the owner, such as at a legal graffiti wall, means the property is not being damaged without consent.
Can vandalism be dealt with by a fixed penalty or warning?
In some cases, yes. Under the Lord Advocate's guidelines, police can deal with an adult suspected of vandalism or malicious mischief by issuing an antisocial behaviour fixed penalty notice or a Recorded Police Warning, instead of reporting the case to the Procurator Fiscal. Neither is a criminal conviction. More serious cases, or those with aggravating features such as hate crime or domestic abuse, are reported to the Fiscal, who decides whether to prosecute or offer a direct measure.
Is there a time limit for prosecuting vandalism?
Yes. Vandalism under section 52 is a statutory offence that can only be tried summarily, so section 136 of the Criminal Procedure (Scotland) Act 1995 generally requires proceedings to begin within six months of the offence. Proceedings count as started when a warrant to arrest or cite the accused is granted, provided it is executed without undue delay. Malicious mischief is a common law crime and has no such time limit.
Will I have to pay for the damage?
You might. On conviction, a court can make a compensation order requiring the offender to pay for the loss or damage caused, and this can be combined with or replace other penalties. Before court, the Procurator Fiscal can offer a compensation offer as an alternative to prosecution, and accepting it is not a conviction. Separately, the owner of damaged property can pursue a civil claim for the cost of repairs.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
- Criminal Law (Consolidation) (Scotland) Act 1995, section 52
- Criminal Procedure (Scotland) Act 1995, Part IX (summary proceedings, including section 136 time limit)
- COPFS: Lord Advocate's guidelines on the use of police direct measures for adult offenders
- Scottish Government: Scottish Crime Recording Standard, Group 4 (damage and reckless behaviour)
- Scottish Sentencing Council: Maximum and minimum sentences
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