Trick or treaters could face up to 10 years in prison

By Stuart Pemble on Oct 31, 08 05:53 PM in Law

OK, I admit I may have exaggerated slightly but there is (I hope) method in my hyperbole. Of course, if you read this after Halloween it might be too late - you or your kids may already have committed a crime or crimes.

Here's why: trick or treat involves kids demanding something (it tends to be money, chocolate or both round my neck of the woods) from their neighbours. If you don't provide the treat, then a "trick" might be played on you. It's the trick, or the threat of it, which might result in a crime or crimes being committed.

And the risk applies to kids and parents alike. Children over the age of 10 can be guilty of crimes (between 10 and 14, they have to know what they are doing was illegal); and parents or guardians (indeed anyone) can be guilty of aiding, abetting or inciting a crime if, for example, they encourage or persuade someone to commit a crime (even where none is committed). So here are three possible crimes to get you thinking:

Deliberately trick or treating a home or family who you know dislike Halloween (perhaps on religious grounds) could constitute harassment and a possible 6 month jail sentence.

Destroying or damaging someone else's property (admittedly a particularly nasty trick) can amount to criminal damage. In very serious cases - a really, really, nasty trick if you like - you can face imprisonment of up to 10 years, although 3 months and/or a fine of up to £2,500 is more common.

Heck - and I must admit to having missed this lecture at college - "wilfully and wantonly" disturbing someone by ringing their doorbell "without lawful excuse" is also a crime punishable by a fine. So don't ring the door of someone you know doesn't want to play ball.

And if you think that's all a bit extreme, the mind boggles at the possible offences when kids try to raise money for a Guy, bonfire and some fireworks...but that's another story.

A happy Halloween to one and all.