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Law Reports - CPS must demonstrate race is a not a factor.

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| February 01, 2007 | COPYRIGHT 2007 Financial Times Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

(From Post Magazine)

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 ...

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