Courtesy of the Devon and Cornwall Police
The National Crime Recording standards allow education establishments to deal with low level criminal behaviour within their own school behaviour plans, allowing students to be dealt with appropriately and a positive outcome being achieved for all involved.
Non-crime hate incidents in schools
Behaviour has taken place which although motivated by hostility or prejudice does not amount to a criminal offence. For example, refusing to work with another pupil because they are from a specific national background.
Non-crime incidents involving school-aged children, where the alleged behaviour takes place on school premises, should be referred to the school’s management team to assess the risk and decide on a proportionate response.
The school management team should implement appropriate safeguarding
measures for any children involved, and where appropriate, should ensure that a parent or guardian is notified and present when a child may be questioned.
Key points
Key points:
- This is for crimes between school aged children – so if an adult is involved as either a suspect or victim then the Schools’ Protocol is not appropriate.
- The crime has to have been ‘On school premises during normal school operating times’ and is expected to be strictly adhered to. Note the guidance specifically says it excludes ‘Incidents that occur on school trips or on school transport to and from school’.
- If anyone involved asks the police to record as a crime then we must. We cannot refuse to record the crime, although we can then pass it to the school to deal with as another agency.
- The offence being committed is not a serious or indictable offence. (See Home office Counting Rules for Recorded Crime: Annex B)
Hate crime
A criminal offence has been committed motivated by hostility or prejudice eg an assault motivated by prejudice towards a persons sexual orientation. A hate crime is any criminal offence which is perceived by the victim or any other person to be motivated by a hostility or prejudice based on:
- a person’s race or perceived race any racial group or ethnic background including countries within the UK and Gypsy and Traveller groups a person’s religion or perceived religion any religious group including those who have no faith in a theology
- a person’s sexual orientation or perceived sexual orientation any person’s sexual orientation
- a person’s disability or perceived disability any disability including physical disability, learning disability and mental health or developmental disorders
- a person who is transgender or perceived to be transgender including people who are transsexual, transgender, cross dressers and those who hold a Gender Recognition Certificate under the Gender Recognition Act 2004
