Supporting Chinese Students Studying in the UK: Common Criminal Risks and How to Respond to an Investigation

Most Chinese students in the UK will never encounter the criminal justice system. However, each year an unfortunate minority will find themselves involved in criminal investigations, often with no intention of breaking the law.

Many offences in the UK differ significantly from what students may be familiar with in China. There are also different legal systems in England and Wales, Scotland and Northern Ireland. Behaviour that may seem normal, customary, or insignificant in the Chinese culture can in some circumstances amount to a criminal offence.

In addition to criminal penalties, allegations of misconduct can trigger university disciplinary proceedings. Most universities require students to comply with standards of conduct both on and off campus. Serious misconduct can result in suspension, expulsion, restrictions on future studies, and potential immigration consequences for international students.

This article highlights some of the most common risks and explains what to do if the police contact you.

Common Criminal Risks 

1. Controlling or Coercive Behaviour in Relationships

Many students are unaware that is a criminal offence in the UK to use controlling or coercive behaviour within intimate or family relationships.

The offence focuses on a pattern of behaviour rather than a single incident.

Examples may include:

• Tracking a partner's location.
• Demanding access to a partner's phone.
• Reading messages without permission.
• Preventing a partner from seeing friends.
• Controlling spending or finances.
• Repeatedly threatening self-harm to force compliance.
• Using intimidation, humiliation or threats to control someone's behaviour.

This behaviour may be viewed by the person carrying it out as care, concern, or normal conduct that occurs in a relationship.

However, UK law places significant emphasis on the impact such behaviour has on the partner or family member, and whether it would have caused them to fear violence would be used against them or have a detrimental effect on their day-to-day activities. 

2. Sharing Intimate Images

Many students use WeChat, WhatsApp, Telegram, Snapchat and other messaging platforms.

A common misunderstanding is that an image can be shared freely if it was originally sent voluntarily by the person depicted. This is incorrect.

You may commit a criminal offence if you:

• Share intimate photographs without consent.
• Forward sexual images after a relationship ends.
• Threaten to distribute intimate images.
• Upload intimate material to social media.
• Share intimate material in group chats.

A common scenario is where a couple exchange intimate photographs during a relationship. After an argument or break-up, one person sends the images to friends or a WeChat group.

Many students also mistakenly believe the photo now belongs to them and so they are free to do with it what they wish however, under UK law, distributing intimate images without consent can amount to a criminal offence.

Additionally, if any person shown in the image is under 18, this could amount to a far more serious offence involving indecent images of children.

3. Assault and Violence

Many students think assault requires serious injury. In fact, even minor conduct may amount to an offence where it is unlawful (i.e. not acting in self-defence), including:

• Pushing.
• Slapping.
• Grabbing someone's arm.
• Throwing objects.
• Spitting.
• Choking.

Assault allegations frequently arise from relationship disputes and break downs, nightclub incidents, arguments in student accommodation, and alcohol-related disagreements.

A person does not need to suffer visible injury for an assault offence to be committed.

4. Harassment and Stalking

Harassment and stalking is repeated unwanted contact or behaviour which can become a criminal offence.

Examples include:

• Sending large numbers of messages.
• Contacting someone after being told to stop.
• Repeatedly visiting a person's accommodation.
• Monitoring social media activity.
• Creating new accounts after being blocked.
• Following or watching someone

Some students may view persistent contact as an attempt at reconciliation however, UK authorities may instead regard repeated unwanted attention as harassment or stalking.

This is particularly common following the breakdown of a relationship.

5. Drug Offences

Drug laws in the UK are strict. Students should not assume that social acceptance among other students means conduct is legal.

Potential drugs offences include:

• Possession of controlled drugs.
• Possession of drugs with intent to supply
• Supplying drugs.

Many students are surprised to learn that giving drugs to a friend for free can still be treated as supplying drugs.

University accommodation providers frequently cooperate with police investigations where drugs are discovered.

Drug offence may also happen when helping a friend or a stranger (normally with a pay) to transport or carry a parcel in their luggage.

6. Fraud and Financial Crime

Fraud investigations involving international students often arise from students:

• Allowing others to use their bank accounts.
• Exchanging currency in cash or an unofficial channel. 
• Receiving unexplained payments.
• Transferring money on behalf of strangers.
• Participating in cryptocurrency schemes.
• Selling bank account access.

Some students are recruited through social media, friendship groups, or online advertisements.

They may be offered money to receive funds, move funds between accounts, withdraw cash, transfer cryptocurrency.

A student may believe they are involved in legitimate transactions or earning easy money whereas, in reality, they may be facilitating money laundering.

The consequences can be severe, even if the student did not fully understand the source of the funds.

7. Offensive Communications and Online Behaviour

It can amount to criminal offences in the UK to send communications which are indecent, offensive, threatening, false, or which encourage self-harm, and which are intended to cause distress or anxiety. This includes emails, social media platforms, messaging apps and forums, Students should be cautious before sending online message which could fall into any of these categories, especially where they are sent in anger.

Deleting messages does not necessarily prevent recovery by investigators.

University Disciplinary Proceedings

Many students incorrectly believe that a university can only act after a criminal conviction. Universities can investigate conduct independently and may commence disciplinary proceedings where the conduct alleged is contrary to student conduct rules or harms the university's reputation. 

If the disciplinary proceedings find the conduct breaches conduct rules or harms the university's reputation, the university can issue a formal warning, suspend the student, or in some circumstances, expel the student.

If expelled, this can have serious consequences for the student's immigration status.

What To Do If Contacted by the Police

Being contacted by the police does not mean court proceedings will necessarily follow, and many investigations end without charge. However, the matter should be taken seriously, and it should not be assumed the police will not investigate thoroughly, even if you believe the allegations to be without merit.

If arrested or invited to attend a voluntary interview you should ask for a lawyer and obtain legal advice before attending the interview or answering questions. 

It is also important that you do not delete messages, destroy documents, ask witnesses not to speak to police/provide false accounts, as this could result in further criminal offences being committed.

Summary

Most Chinese students in the UK never encounter criminal proceedings. However, misunderstandings about relationships, online communications, privacy, foreign exchange, money transfers, and drug laws can create unexpected legal risks.

It should be remembered: UK law may criminalise conduct that appears minor or private; Online behaviour can have real-world legal consequences; A criminal investigation can also trigger university disciplinary action; Never allow others to use your bank account; Never share intimate images without consent; and, seek legal advice immediately if contacted by the police and ask for a lawyer if arrested

Howard Kennedy's Business Crime and Regulatory team regularly advises education providers on safeguarding, international students and their families on all aspects of criminal investigations, from advising at the police station through to representation in criminal proceedings and at trial. Our expertise in UK criminal law and experience in Chinese commercial and cultural practices enables us to assist clients caught up in criminal or university investigations.