The Student Room Group

Criminal liability

Hi everyone,

Can a person who has witnessed an incident and only called emergency services after an hour of seeing what took place.. be held liable ?
Reply 1
As a general rule, a bystander is not required to take any action to help somebody else in distress regardless the situation, even if this means that person suffers serious harm or even death - For example, if I witness somebody being beaten up from my window and I do not call 999, I am not liable for their harm, not civilly and definitely not criminally.

However, there are some nuances that need to be considered, some people might have a regulatory duty such as a doctor (the GMC rules state an off-duty doctor must help in an emergency), but, you need to consider the difference between civil liability, regulatory liability, and criminal liability. Some road users might also bear liability over certain situations, but again, this is civil.

Without knowing the scenario you are referencing it is impossible to give an answer, but it is highly likely the answer is no, but if there are some elements of recklessness or maybe negligence then they could be.
Original post by J_A_L_S
As a general rule, a bystander is not required to take any action to help somebody else in distress regardless the situation, even if this means that person suffers serious harm or even death - For example, if I witness somebody being beaten up from my window and I do not call 999, I am not liable for their harm, not civilly and definitely not criminally.

However, there are some nuances that need to be considered, some people might have a regulatory duty such as a doctor (the GMC rules state an off-duty doctor must help in an emergency), but, you need to consider the difference between civil liability, regulatory liability, and criminal liability. Some road users might also bear liability over certain situations, but again, this is civil.

Without knowing the scenario you are referencing it is impossible to give an answer, but it is highly likely the answer is no, but if there are some elements of recklessness or maybe negligence then they could be.


Hi,

Thank you so much for explaining.

here is what I was referencing
At the last minute however, Chris sees what is happening and pushes Rihana out of the way. He was killed instantly.
Pamela is stunned when she realises what she has done, because she never intended to hurt her husband. Rihana meanwhile is shouting at her, so Pamela punches her in the face, causing Rihana to fall and hit her head, knocking her unconscious.
Atif, a witness to these events, and who is a friend of Chris, calls the emergency services but only after half an hour of seeing Rihana lying unconscious on the road
(edited 1 year ago)
Reply 3
Original post by dontworryboo
Hi,

Thank you so much for explaining.

here is what I was referencing
At the last minute however, Chris sees what is happening and pushes Rihana out of the way. He was killed instantly.
Pamela is stunned when she realises what she has done, because she never intended to hurt her husband. Rihana meanwhile is shouting at her, so Pamela punches her in the face, causing Rihana to fall and hit her head, knocking her unconscious.
Atif, a witness to these events, and who is a friend of Chris, calls the emergency services but only after half an hour of seeing Rihana lying unconscious on the road


Ahh okay, so this is a classic problem question then trying to get you to identify who is liable in what way. No, Atif is not criminally liable :smile:
Original post by J_A_L_S
Ahh okay, so this is a classic problem question then trying to get you to identify who is liable in what way. No, Atif is not criminally liable :smile:


yes, thank you!! i have completed it now lol :smile:

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