- belonging to himself or another or a right or interest in property which was or which he believed to be vested in himself or another, and at the time of the act or acts alleged to constitute the offence he believed—
- (i) that the property, right or interest was in immediate need of protection ; and
- (ii) that the means of protection adopted or proposed to be adopted were or would be reasonable having regard to all the circumstances.
(3) For the purposes of this section it is immaterial whether a belief is justified or not if it is honestly held.
(4) For the purposes of subsection (2) above a right or interest in property includes any right or privilege in or over land, whether created by grant, licence or otherwise.
(5) This section shall not be construed as casting doubt on any defence recognised by law as a defence to criminal charges.
Search for things intended for use in committing offences of criminal damage. 6.—(1) If it is made to appear by information on oath before a justice of the peace that there is reasonable cause to believe that any person has in his custody or under his control or on his premises anything which there is reasonable cause to believe has been used or is intended for use without lawful excuse—
- (a) to destroy or damage property belonging to another; or
- (b) to destroy or damage any property in a way likely to endanger the life of another,
the justice may grant a warrant authorising any constable to search for and seize that thing.
(2) A constable who is authorised under this section to search premises for anything, may enter (if need be by force) and search the premises accordingly and may seize anything which he believes to have been used or to be intended to be used as aforesaid.
(3) The 1897 c. 30.Police (Property) Act 1897 (disposal of property in the possession of the police) shall apply to property which has come into the possession of the police under this section as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.
Jurisdiction of magistrates’ courts.
1952 c. 55.
7.—(1) In Schedule 1 to the Magistrates’ Courts Act 1952 (indictable offences triable summarily with the consent of the accused when adult), for paragraph 2 there shall be substituted the following paragraph:
- “2. Offences under section 1(1), 2 and 3 of the Criminal Damage Act 1971”.
