Rhyl,,War memorial damaged by 'disgusting' vandals as flowers, plaques and ornaments go missing

This is disgusting but not the first time in Rhyl, and other towns. These brave men died for their country how could anyone do this to their memory? They must be real lowlife trash that is all I can say.

The Courts have these powers, but catching them is the thing!

See https://www.gov.uk/government/publications/police-crime-sentencing-and-courts-bill-2021-factsheets/police-crime-sentencing-and-courts-bill-2021-criminal-damage-to-memorials-factsheet

Increasing the maximum penalty for criminal damage of less than £5,000 to a memorial from 3 months to 10 years imprisonment

1. What are we going to do?

The offense of criminal damage is an either-way offense that attracts a maximum sentence of 10 years’ imprisonment. Where the damage value is less than £5,000, the case must be tried summarily and attracts a maximum sentence of 3 months imprisonment and, or a fine of up to £2,500.

Damage to a memorial is covered by the offense of criminal damage and where the damage value is under £5,000, the court’s powers are restricted as outlined above.

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.

We intend, where there is damage to a memorial, to remove the consideration of monetary damage, which would otherwise, in some cases, determine the venue and limit sentencing powers.

Instead, in cases where a memorial has been damaged, the mode of the trial will not be determined by the monetary value of the damage caused and the maximum sentence of imprisonment will be ten years imprisonment.

2. How are we going to do it?

Section 1(1) of the Criminal Damage Act 1971 creates an offense of destroying or damaging any property belonging to another person, whether intentionally or recklessly, without lawful excuse. This offense attracts a penalty of a term of imprisonment not exceeding ten years.

Where the damage caused to the property does not exceed £5,000 in value, section 22 of the Magistrates’ Courts Act 1980 requires the case to be tried summarily in the magistrates’ court where the maximum sentence available is 3 months imprisonment and/or a fine of up to £2,500.

The proposed change will amend the Magistrates’ Courts Act 1980 so that, where damage or desecration of a memorial occurs and amounts to an offense of criminal damage the court will no longer be constrained in its options where the value involved in monetary terms is assessed to be less than £5,000.

Background There is a widespread belief that the current law does not provide enough powers to allow the court to deal effectively with the desecration of war memorials and other statues. The issue re-emerged during the summer of 2020 when many statues and memorials were damaged causing great concern to the wider public. The government has considered these concerns and proposed, these changes which will mean the courts can now deal effectively with damage caused to memorials.

3. Frequently Asked Questions   3.1 Why has this law been introduced? 

There has been widespread upset about the damage and desecration of memorials with a recent spate over the summer of 2020. It has long been considered that the law is not sufficiently robust in this area. Incidences of damage and desecration of memorials are typical of low monetary value, but very often carry a high sentimental and emotional impact. As the law previously stood, courts were obliged to try such cases summarily where the value of the damage was assessed as being less than £5,000, which, in turn, meant the full range of sentencing powers was not available.

3.2 What is classed as a memorial? 

The Bill defines a ‘memorial’ as a building or other structure, or any other thing that is erected or installed on land (or in or on any building or other structure on land). A memorial can include a moveable object, a garden or any other thing planted or grown on land. At least one of the memorial’s purposes is to commemorate an individual or animal; whether living or deceased or capable of being identified; or an event or a series of events (such as an armed conflict).

3.3 Will the changes cover damage to items laid on a memorial, such as wreaths and flowers? 

Flowers or a wreath that are placed at a structure, such as a gravestone or The Cenotaph, for the purposes of commemoration (as defined), albeit temporarily, would be treated in the same way as the memorial itself.

Residents have called for action after flowers and ornaments disappeared from a war memorial in Rhyl. Some have demanded more is done to protect the memorials at Rhyl Remembrance Gardens after flowers, plaques, and ornaments went missing over the weekend.

Richard Kendrick, Rhyl's Poppy Appeal organizer for the Royal British Legion, said he was shocked to discover the Rhyl site had been ransacked. It comes just a year after vandals scrawled swastikas and anti-Semitic slurs on statues at the site.

The latest incident has sparked fresh calls for monitoring at the site. Mr. Kendrick told North Wales Live: "After seeing more damage to the gardens again, I think it's time we have CCTV.

"This isn't the first time. This is a place to come and remember our fallen, a place to pay our respect.

"So many people come because family members have given the ultimate sacrifice. I just can't understand why anyone would cause damage here. Do they not understand what the gardens are?"

Richard Kendrick said flowers were removed from the grave of Flight Lieutenant Geraint Roberts (Image: Richard Kendrick)

Flowers were ripped out of the pond at the memorial garden (Image: Richard Kendrick)

Others on social media backed Mr. Kendrick's calls for action. One person wrote: "That’s disgusting, why can’t people just leave things alone and let the garden of remembrance alone too? It’s there for people who have fought for the country and around the United Kingdom to remember and honor them not to be trashed etc.

"Hope they catch whoever has done this it’s not on it’s not fair and not fair for people to take up their time to make the gardens look nice n respectful." One mother wrote: "We were so upset when we went on Friday, the container from our son's memorial pot and silk poppies were gone and his flowers in the vases thrown away."

From...https://www.dailypost.co.uk/news/north-wales-news/rhyl-war-memorial-damaged-disgusting-24584523