The Equality Act 2010 creates a duty on public sector entities to have consideration for equality in all decisions they take. Does this bear on prosecutorial offices and their exercises of prosecutorial discretion?
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1 Answer
Yes, decisions must not be contrary to section 149 Equality Act 2010, which defines "Public sector equality duty" to mean:
(1)A public authority must, in the exercise of its functions, have due regard to the need to—
(a)eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act;
(b)advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
(c)foster good relations between persons who share a relevant protected characteristic and persons who do not share it.
...
(7)The relevant protected characteristics are—
age;
disability;
gender reassignment;
pregnancy and maternity;
race;
religion or belief;
sex;
sexual orientation.
(8)A reference to conduct that is prohibited by or under this Act includes a reference to—
(a)a breach of an equality clause or rule;
(b)a breach of a non-discrimination rule.
(9)Schedule 18 (exceptions) has effect.
And as long at the Crown prosecutor exercises discretion by deciding to / not to, for example charge a suspect based on a subjective reading of the evidence etc, and not one of the above protected characteristics, then the prosecutor has complied with the equality duty.
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@Seekinganswers It was only intended as a footnote to supplement s.149's reference to Sch 18. With hindsight, para 3(2) is more appropriate but off the top of my head I can't readily find a usable example, so I've taken it out until (or if) I can.– user35069Aug 15 at 19:01
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Okay but the question still stands. Perhaps it is worth its own question but I really just intended it as a commentary one. Aug 15 at 19:37