§ Dr. TongeTo ask the Secretary of State for the Home Department what plans he has to restrict further the sale of spray paints. [107461]
518W
§ Mr. Charles ClarkeThe Government are concerned about the damaging effects of graffiti on neighbourhoods and there are substantial penalties available under the Criminal Damage Act 1971: where the criminal damage is more than £2,000, the maximum penalty is 10 years imprisonment for those aged 18 or over, and up to two years detention in a Young Offenders Institution for those aged 15–17. However, within the maximum limit sentencing is a matter for the courts to decide in the light of all the circumstances of the case.
The police already have the power to arrest anyone whom they reasonably suspect has committed or is about to commit the offence of criminal damage. Where vandals are found in possession of a paint spray can with the intention of damaging property or already having done so, the criminal law can he brought to bear. We do not have any plans, therefore, to legislate specifically against the sale or carrying of spray paints but, of course, the matter will be kept under review.