Courts told to impose tougher sentences for damaging statues

A court circular document sent to judges and magistrates highlights sentencing changes coming into force this week that the government says close a loophole limiting prosecution of damage to memorials.

Protesters pulling down the Edward Colston statue in Bristol in June 2020 (Image: PA Wire/PA Images)

The change that increases the maximum sentence from three months to 10 years imprisonment is in response to Black Lives Matter protests in 2020.

It also comes after four people, including Rhian Graham who grew up in Norfolk, were cleared of criminal damage after toppling a statue of slave trader Edward Colston in Bristol.

Meanwhile teenage protester Jae Ikhera was given a conditional discharge after admitting daubing a statue of Lord Nelson in the grounds of Norwich Cathedral with black spray paint.

Rhian Colston, who grew up in Norfolk, and was acquitted at Bristol Crown Court after her involvement in the toppling of the Edward Colston statue in Bristol (Image: PA Wire/PA Images)

Norwich Magistrates Court was told she had intended to start a debate about Nelson amid calls for memorials to historical figures linked to slavery to be removed.

Under previous legislation sentencing was limited by the value of the damage caused.

Where the damage was less than £5,000, the maximum sentence that could be handed down was three months in jail and a fine of up to £2,500.

Graffiti has been sprayed onto the Lord Nelson statue in the grounds of Norwich Cathedral (Image: Archant)

But under the new sentencing rules, part of the Police, Crime and Sentencing Bill, courts have been told to increase maximum sentences to 10 years regardless of the costs incurred.

The Home Office said: “Concern has been voiced in parliament and society that the law focuses too heavily on the monetary value of the damage with insufficient consideration given to the emotional or wider distress caused by this type of offending, and as a result, the punishments do not fit the crime.”

The change extends beyond public statues of historical figures to cover commemorative gardens, benches and other objects as well as damage to flowers or wreaths placed at memorials and graves.

Attorney General Suella Braverman has also referred the toppling of the Edward Colston statue to the Court of Appeal (Image: UK Parliament)

Last year Norwich war memorial was vandalised during ‘kill the bill' protests while earlier this month a park bench dedicated to the memory of a much-loved volunteer was vandalised in Holt.

Attorney General Suella Braverman has also referred the toppling of the Edward Colston statue to the Court of Appeal so judges have the chance to "clarify the law for future cases" - without having an impact on the four acquittals.