What are your rights if vandals strike on Mischief Night

It is the night of the year that homeowners fear most, but not many people know of their rights on Mischief Night if vandals strike.

Mischief Night has its origins in the 1830s where pranks such as swapping the shop signs around and throwing cabbage stalks at neighbours would be played. However, these days the night is far more insidious for many, with smashed windows and egg throwing common.

You do have the right to do something about vandalism on Mischief Night and there are a number of steps you can take to try and keep vandals from getting to your property.

The ECHO previously spoke to David Kirwan, senior partner at Kirwan's Solicitors about your rights on Mischief Night. He said that residents do have the right to use physical force to defend themselves or their property, but it should be a last resort.

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Although the law says you can use "reasonable force" to stop a vandal, it does not allow you to carry any bats or instruments that could be deemed to be harmful – and you must act proportionately to the threat.

David told the ECHO: "Mischief Night can cause a great deal of anxiety for residents who are concerned that their property might become the target of vandals, but they should be assured that there are steps that they can take should their vehicles, gardens or homes come under fire.

"There are the usual surveillance measures that they can put in place such as lights and cameras, but if that fails to prevent perpetrators, residents can actually use minimum physical restraint to defend their property or indeed themselves.

"Although this should be the last course of action, if anyone sees their property being damaged, they do have the legal right to remonstrate with the vandal, using reasonable physical force if necessary."

He added: "Before approaching the perpetrator, there are steps the resident must take. First of all, make sure the whole incident is captured on video or smartphone if possible.

"Also, call the police to make sure that the incident has been logged. Finally, those choosing to confront the attacker should take at least one witness with them who could then explain how events unfolded in court if necessary."

Mr Kirwan offered a list of tips for stepping up security on "Mischief Night" and making sure you're prepared to deal with the threat of vandalism:

1. Set up security lights and cameras, making sure that any cameras don't overlook the gardens or windows of neighbouring properties

2. If you already have cameras or lights installed, make sure they're in good working order

3. Do not set up traps such as tripwire, electrical fencing, or anything that could injure a trespasser

4. Ensure there is space on your smartphone and have it ready to film any incidents that might occur

5. If you are going out, leave lights on in your property so that the house doesn't look empty

6. Keep all pets indoors

7. Keep all doors and windows securely locked

8. If possible, park vehicles on your drive rather than on the road

9. Make sure there is a neighbour or another member of your household on hand in case you suddenly need a witness

10. Judge the situation carefully before approaching a vandal. You do have the legal right to use reasonable force, but the law does not allow you to carry any bats or instruments that could be deemed to be harmful – and you must act proportionately to the threat

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