sch.1-sec.9-oc.3Graffiti

### sch.1-sec.9-oc.3 Graffiti If the property in question is in a public place, or is visible from a public place, and the destruction or damage is caused by— spraying, writing, drawing, marking or otherwise applying paint or another marking substance; or scratching or etching; the offender commits a crime and is liable to imprisonment for 7 years. The court may— whether or not it imposes any other penalty for the offence, order the offender to perform community service under the Penalties and Sentences Act 1992 , part 5 , division 2 , including for example, removing graffiti from property; and whether or not it imposes any penalty for the offence, order the offender to pay compensation to any person under the Penalties and Sentences Act 1992 , part 3 , division 4 . For the requirement for the court to make a graffiti removal order see the Penalties and Sentences Act 1992 , part 5A and the Youth Justice Act 1992 , part 7 , division 7A . For the discretion of the court to order the forfeiture of a thing used to record, store or transmit an image of, or related to, the commission of the offence see section 469AA . (sch.1-sec.9-oc.3-ssec.1) If the property in question is in a public place, or is visible from a public place, and the destruction or damage is caused by— spraying, writing, drawing, marking or otherwise applying paint or another marking substance; or scratching or etching; the offender commits a crime and is liable to imprisonment for 7 years. (sch.1-sec.9-oc.3-ssec.2) The court may— whether or not it imposes any other penalty for the offence, order the offender to perform community service under the Penalties and Sentences Act 1992 , part 5 , division 2 , including for example, removing graffiti from property; and whether or not it imposes any penalty for the offence, order the offender to pay compensation to any person under the Penalties and Sentences Act 1992 , part 3 , division 4 . For the requirement for the court to make a graffiti removal order see the Penalties and Sentences Act 1992 , part 5A and the Youth Justice Act 1992 , part 7 , division 7A . For the discretion of the court to order the forfeiture of a thing used to record, store or transmit an image of, or related to, the commission of the offence see section 469AA . - (a) spraying, writing, drawing, marking or otherwise applying paint or another marking substance; or - (b) scratching or etching; - (a) whether or not it imposes any other penalty for the offence, order the offender to perform community service under the Penalties and Sentences Act 1992 , part 5 , division 2 , including for example, removing graffiti from property; and - (b) whether or not it imposes any penalty for the offence, order the offender to pay compensation to any person under the Penalties and Sentences Act 1992 , part 3 , division 4 . Note— 1 For the requirement for the court to make a graffiti removal order see the Penalties and Sentences Act 1992 , part 5A and the Youth Justice Act 1992 , part 7 , division 7A . 2 For the discretion of the court to order the forfeiture of a thing used to record, store or transmit an image of, or related to, the commission of the offence see section 469AA . - 1 For the requirement for the court to make a graffiti removal order see the Penalties and Sentences Act 1992 , part 5A and the Youth Justice Act 1992 , part 7 , division 7A . - 2 For the discretion of the court to order the forfeiture of a thing used to record, store or transmit an image of, or related to, the commission of the offence see section 469AA . - 1 For the requirement for the court to make a graffiti removal order see the Penalties and Sentences Act 1992 , part 5A and the Youth Justice Act 1992 , part 7 , division 7A . - 2 For the discretion of the court to order the forfeiture of a thing used to record, store or transmit an image of, or related to, the commission of the offence see section 469AA .