(1)Subject to subsection (2) below, any person who, without reasonable excuse, wilfully or recklessly destroys or damages any property belonging to another shall be guilty of the offence of vandalism.
(2)It shall not be competent to charge acts which constitute the offence of wilful fire-raising as vandalism under this section.
(3)Any person convicted of the offence of vandalism shall be liable on summary conviction—
(a)in the district court, to imprisonment for a term not exceeding 60 days, or to a fine not exceeding level 3 on the standard scale, or to both;
(b)in the sheriff court—
(i)for a first such offence, to imprisonment for a term not exceeding 3 months, or to a fine not exceeding the prescribed sum (within the meaning of section 225(8) of the M1Criminal Procedure (Scotland) Act 1995), or to both; and
(ii)for any subsequent such offence, to imprisonment for a term not exceeding 6 months, or to the fine mentioned in sub-paragraph (i) above, or to both.
Marginal Citations