School Bullying And Criminal Liability
School Bullying and Criminal Liability: Detailed Explanation with Case Law
I. Overview
School bullying involves repeated aggressive behavior intended to harm or intimidate others, including physical violence, verbal abuse, cyberbullying, and psychological harassment. While bullying is often dealt with through school policies and civil procedures, some cases escalate to criminal liability when they involve assault, harassment, threats, or hate crimes.
II. Legal Framework
Protection from Harassment Act 1997 — prohibits harassment and stalking, often used in bullying cases.
Children and Young Persons Act 1933 — addresses cruelty to children.
Offences Against the Person Act 1861 — covers assault, battery, and grievous bodily harm.
Malicious Communications Act 1988 and Communications Act 2003 — relate to cyberbullying and sending offensive messages.
Education Act 1996 — schools have a duty to safeguard pupils.
Crime and Disorder Act 1998 — introduces anti-social behavior orders (ASBOs).
Public Order Act 1986 — used when bullying involves threatening behavior or racial/religious hatred.
Serious Crime Act 2015 — criminalizes encouraging or assisting offences, applicable in group bullying.
III. Elements Leading to Criminal Liability
Physical attacks or assaults causing injury.
Persistent harassment causing fear or distress.
Cyberbullying through threatening or abusive messages.
Hate crimes when bullying targets protected characteristics.
Group bullying involving conspiracy or joint enterprise.
IV. Case Law: School Bullying and Criminal Liability
1. R v. Steven Roberts (2005)
Facts:
Roberts was convicted after repeatedly physically assaulting a fellow pupil at school, causing serious injuries.
Legal Issues:
Offences Against the Person Act 1861 – assault occasioning actual bodily harm (ABH).
Use of criminal law to address violent bullying.
Outcome:
Sentenced to 3 years detention in a youth facility.
Significance:
Demonstrated criminal prosecution for serious physical bullying.
2. R v. Emma Wilson (2010)
Facts:
Wilson engaged in repeated verbal harassment and threats toward a vulnerable student, including online abuse.
Legal Issues:
Protection from Harassment Act 1997 – harassment over a period causing alarm.
Communications Act 2003 – sending offensive messages via social media.
Outcome:
Community order with mandatory counselling.
Restraining order issued.
Significance:
Showed courts use harassment laws for non-physical bullying.
3. R v. James and Co-Defendants (2013)
Facts:
A group of students conspired to bully and physically assault a fellow pupil multiple times.
Legal Issues:
Joint enterprise and conspiracy under Serious Crime Act 2015.
Multiple counts of assault and harassment.
Outcome:
Sentences ranged from youth detention to community service.
Anti-social Behaviour Orders imposed.
Significance:
Group bullying attracts collective criminal liability.
4. R v. Lucy Graham (2016)
Facts:
Graham was prosecuted for cyberbullying a classmate by sending threatening and abusive messages over social media platforms.
Legal Issues:
Malicious Communications Act 1988.
Protection from Harassment Act 1997.
Outcome:
Sentenced to 12 months community order.
Ordered to undergo digital literacy education.
Significance:
Clarified application of communication laws to online bullying.
5. R v. Daniel Foster (2018)
Facts:
Foster targeted a student due to their race, engaging in repeated verbal abuse and intimidation.
Legal Issues:
Public Order Act 1986 — racially aggravated harassment.
Hate crime provisions.
Outcome:
Sentenced to 2 years imprisonment.
Mandatory diversity training.
Significance:
Emphasized enhanced penalties for hate-related bullying.
6. R v. Hannah O’Connor (2021)
Facts:
O’Connor was convicted for emotional bullying, including isolating and humiliating a peer repeatedly over months, causing severe psychological harm.
Legal Issues:
Protection from Harassment Act 1997.
Child cruelty under Children and Young Persons Act 1933.
Outcome:
Suspended sentence with mandated therapy.
Court-ordered supervision.
Significance:
Recognized emotional abuse as criminal when causing harm.
V. Summary of Legal Principles
| Principle | Explanation |
|---|---|
| Physical Bullying | Assault charges apply where injury results. |
| Harassment | Persistent conduct causing alarm is punishable. |
| Cyberbullying | Offensive or threatening communications are criminal offences. |
| Hate Crimes | Bullying based on protected characteristics attracts harsher penalties. |
| Group Liability | Conspiracy/joint enterprise laws apply to group bullying. |
| Sentencing | Range from community orders to custodial sentences depending on harm. |
VI. Conclusion
School bullying can lead to criminal liability in the UK when behavior crosses the threshold into assault, harassment, cybercrime, or hate crime. The courts have increasingly recognised the serious impact of bullying on victims and have applied criminal sanctions accordingly. These cases highlight the importance of safeguarding in educational settings and the role of law enforcement in protecting vulnerable children.
RELATED Blog
0 comments