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is anti climb paint legal? can you use it at home?

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is anti climb paint legal? can you use it at home?

Post by falkor » Sat Jan 17, 2015 6:17 pm

[ external image ]
Pensioner whose life was 'made hell' by local children is charged... because his anti-vandal paint ruined yobs' clothes

By Liz Hull for the Daily Mail Published: 22:02, 16 January 2015
A pensioner who says local children made his life 'hell' put anti-vandal paint on his garden fence to stop them climbing on it and throwing stones at his windows.
Robert Brown also reported the youngsters to police and was delighted when officers came round to speak to him.

He assumed it was to take details of his plight – and was shocked to learn he was being prosecuted for criminal damage because the children had got the paint over their clothes.
Their mother alleged that almost £4,000 worth of furniture and carpets had been ruined by the youngsters treading the paint, which does not dry and leaves surfaces slippery, into her house.
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Re: is anti climb paint legal? can you use it at home?

Post by tonkertoy » Sat Jan 17, 2015 6:29 pm

My understanding of this Anti Climb Paint is that you need to display Warning Signs, Warning Anyone who might try to climb onto your property that you have taken measures to prevent persons from climbing on your property !
A bit like CCTV warning signs are displayed when you have CCTV on your property or in a public place (council systems).

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Re: is anti climb paint legal? can you use it at home?

Post by powdermonkey » Sat Jan 17, 2015 9:59 pm

From what I can gather from a quick internet search, under the Occupier's Liability Act 1984, householders have a duty of care to anyone on their property if they are entitled to be there or not. So you can put anti clamber paint on fences etc with the following caveats :

1. It must be no lower than a height at which a passer by could accidentally come into contact (Thames Valley Police recommend no lower than 2 meters from the ground).

2. There must be clear warning signs displayed where the paint is used.

3. The signs must be worded in a way that a reasonably young person can understand them.

Use of the signs should protect the householder from being sued in a civil court. I'd argue that as the children were trespassing then it's a civil matter and thus no need for police involvement. The law regarding criminal damage states "without lawful excuse" so I'd argue that he had "lawful excuse" in view of the on-going problems, had no intention of damaging their clothes and could not foresee it being spread onto sofas etc . However, as he doesn't appear to have abided by the advice regarding signs and 2 metres, I think he's left himself open to civil action. Whether the brats families can afford to take him to court is another matter and I'd be getting legal advice if I could counter sue for trespass.
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Re: is anti climb paint legal? can you use it at home?

Post by JimmyRiddle » Sun Jan 18, 2015 7:06 am

This is basically the argument of criminal damage being reasonable in order to prevent crime.

Like when the rozzers are chasing you and smash your car windows to drag you out. Reasonable as they are locking you up and preventing dangerous driving.

I don't think there is a particular law on this type of criminal damage just case law I guess.

Also, if the wording is "Intentionally damages or destroys property or is reckless as to whether damage is caused"... How has he been either reckless or how has it been his intention to damage property? He has been preserving his own.

This stupid country protects everyone but the victim!
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Re: is anti climb paint legal? can you use it at home?

Post by the dark lord » Mon Feb 02, 2015 10:17 pm

JimmyRiddle wrote:This is basically the argument of criminal damage being reasonable in order to prevent crime.

Like when the rozzers are chasing you and smash your car windows to drag you out. Reasonable as they are locking you up and preventing dangerous driving.

I don't think there is a particular law on this type of criminal damage just case law I guess.

Also, if the wording is "Intentionally damages or destroys property or is reckless as to whether damage is caused"... How has he been either reckless or how has it been his intention to damage property? He has been preserving his own.

This stupid country protects everyone but the victim!

IF and its a big IF this is as reported and IF I was him, i would take it to trial and put my self at the mercy of the MADgistrates (spelling intentional given how they seem to sentence ), I would not be accepting any sort of caution, RJ or FPN.

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