Commentary on Sections Penalty Notices for graffiti and fly-posting Section 44: Relevant offences
107.This section describes the offences in respect of which fixed penalty notices may be issued, being the graffiti-type and fly-posting-type offences otherwise prosecutable under the enactments listed at subsection (1)(a)-(f). It is understood that graffiti-type offences are almost always prosecuted under the Criminal Damage Act 1971, although the enactments listed at subsection (1)(a),(b),(d) and (e) contain provisions which might also equate to the same offence.