CPS must demonstrate race is a not a factor

Christopher Alder died whilst in police custody. An inquest produced a verdict of unlawful killing, though the subsequent prosecution brought by the Crown Prosecution Service ("CPS") against a number of police officers resulted in their acquittal.

A claim was brought by the deceased's sister alleging that the CPS had discriminated against her on racial grounds, by having both ignored her concerns about the conduct of the prosecution and by treating her with a combination of rudeness and indifference. These allegations were struck out prior to trial, on the basis that the consideration of complaints and concerns about specific matters of evidence could not amount to "treatment" of the complainant for the purposes of the Race Relations Act 1976 as amended.

The claimant appealed and submitted that the ordinary meaning of "to treat" should be applied and that this means "to deal with". It was argued that, whilst a person's legitimate complaints and concerns relating to a particular public authority's functions may be ignored or marginalised for a variety of reasons, if they are ignored because of the claimant's race this constitutes less favourable treatment.

Lord Justice Sedley held that the matter turned on the wording of s19F of the Act. This section excludes from the prohibition on discrimination those decisions of the CPS not to institute or not to continue criminal proceedings. This was held to be a strong indicator that, in respect of all other CPS decisions (including the manner in which it addressed concerns raised by the claimant), inquiry should be made to determine what factors influenced those decisions. It would provide no defence to the CPS that to address the complaint would require the disclosure of its decision-making process in respect of matters within ^s19F. The claim was therefore reinstated.