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Bullying as a Crime
PLEASE NOTE THAT WHILE LEGAL DUTIES STILL APPLY
GOVERNMENT POLICY AND GUIDANCE PRE-MAY 2010 IS SUBJECT TO
REVIEW
Some bullying incidents may involve a criminal offence or a
civil breach of the law, and some forms of bullying constitute hate
crimes. The Home Office defines a hate crime as
"Any incident, which constitutes a
criminal offence, which is perceived by the victim or any other
person as being motivated by prejudice or hate."
Bullying which focuses on race, nationality or
ethnicity, religion, gender or gender identity, sexuality or
disability, and which involves a criminal offence (such
as physical or sexual assault, or threat of such assault)
should therefore be seen as hate crime. For more information
on hate crimes, visit the
Home Office website
The
Protection from Harassment Act 1997 makes it a criminal offence
to harass (which includes causing alarm or distress) another
person, or put them in fear of violence. Harassment or causing
fear of violence must occur on at least two occasions to constitute
an offence.
A child and their family have the right to take a case to the
police if they feel a criminal offence has been committed. It is
vital that schools are clear in their Behaviour Policy as to
behaviours that could lead to police involvement.