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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?

Heddy
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TylerDurden
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1 Answers1

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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.