Small claims criminal damage

amandabeveridge

Before issuing a summons for criminal damage do I need to have the damage repaired and show receipts for work done or can I just show quotes in my claim? 

I can’t afford the works done until the defendant pays. 

How many quotes do I need to show. Would 1 be enough? 

McKneff

Has this person been convicted of criminal damage.

If not  your claim should be named Damage, 
An explanation and photos should be sufficient
Good luck 

McKneff

Sorry, include 2 quotes 

amandabeveridge

McKneff said:

Has this person been convicted of criminal damage.

If not  your claim should be named Damage, 
An explanation and photos should be sufficient
Good luck 

Yes he’s been convicted and given a caution 

powerful_Rogue

amandabeveridge said:

McKneff said:

Has this person been convicted of criminal damage.

If not  your claim should be named Damage, 
An explanation and photos should be sufficient
Good luck 

Yes he’s been convicted and given a caution 

A caution is not a conviction. So no, he has not been convicted.

Sandtree

amandabeveridge said:

Before issuing a summons for criminal damage do I need to have the damage repaired and show receipts for work done or can I just show quotes in my claim? 

I can’t afford the works done until the defendant pays. 

How many quotes do I need to show. Would 1 be enough? 

For various reasons it is better to have paid it, avoids additional issues being found during the work which increases the costs leaving you short. Its possible to use a quote... always nice to have more than one to show its reasonable but no legal requirement for it (interesting judgement on something similar recently)

You will be making a civil claim as such you should be writing to them before with a letter before action to given them a reasonable period to pay you else you will issue a claim. If they dont respond then you can file online and the court will send the claim form to them (not a summons in civil law).

As they were cautioned there has been no admission of guilt etc in the public domain and so you will need to present your evidence that it was them.

How much is the damage?

Alderbank

Sandtree said:

As they were cautioned there has been no admission of guilt...

No. Quite the opposite. A caution means in every case that the offender has admitted the offence
The CPS says:

A simple caution must not be offered to a person who has not admitted to committing the offence

https://www.cps.gov.uk/legal-guidance/cautioning-and-diversion

Manxman_in_exile

amandabeveridge said:

McKneff said:

Has this person been convicted of criminal damage.

If not  your claim should be named Damage, 
An explanation and photos should be sufficient
Good luck 

Yes he’s been convicted and given a caution 

In the other two threads you've started today you say nothing about a conviction.

Although I agree with Alderbank that if the person in question has accepted a caution then they have to all intents and purposes admitted guilt and the caution will appear on a criminal record.

TELLIT01

Also worth considering is the question of whether the person you intend to claim against has the money to pay for the damage.  Little point in throwing good money after bad if they are unable/unwilling to actually pay for the damage.

What is the approximate cost of the repairs?

Sandtree

Alderbank said:

Sandtree said:

As they were cautioned there has been no admission of guilt...

No. Quite the opposite. A caution means in every case that the offender has admitted the offence
The CPS says:

A simple caution must not be offered to a person who has not admitted to committing the offence

https://www.cps.gov.uk/legal-guidance/cautioning-and-diversion

In practice police give cautions to people who have denied the offence too... or at least with the ex they cautioned her even though she denied committing any offence

Inevitably you also get those who will admit to something because doing so gets them a caution and the hassle goes away rather than fighting a minor offence allegation that would be much more disruptive to life. 

DB1904

Sandtree said:

Alderbank said:

Sandtree said:

As they were cautioned there has been no admission of guilt...

No. Quite the opposite. A caution means in every case that the offender has admitted the offence
The CPS says:

A simple caution must not be offered to a person who has not admitted to committing the offence

https://www.cps.gov.uk/legal-guidance/cautioning-and-diversion

In practice police give cautions to people who have denied the offence too... or at least with the ex they cautioned her even though she denied committing any offence

Inevitably you also get those who will admit to something because doing so gets them a caution and the hassle goes away rather than fighting a minor offence allegation that would be much more disruptive to life. 

No, they are not. 

Part of the condition of a caution is a full admission to the offence.