Equality and Human Rights Commission

Some activities of criminal and civil justice organisations are what the law calls services. Some, usually if an organisation is a public body or under contract to a public body, are what the law calls public functions.

For example:

If a police officer is giving advice on crime prevention, they are providing a service.

Services also include what other people do, such as court and tribunal staff, and people who work behind the scenes making decisions about how treatment or care should be provided.

Public functions include situations where the police are stopping and searching someone, or arresting a person, or when someone is held in prison or being supervised by offender management services, as well as decisions about priorities for services, such as how many police officers there should be in a particular area. 

It does not usually matter whether what is being done is a service or a public function. This is because, in general, equality law applies in a very similar way to services and to public functions. 

In this guide:

• ‘Service provider’ and ‘criminal or civil justice organisation’ are used to mean any person or organisation who is involved in the criminal or civil justice system, whether what they are doing counts as a service or as a public function.
• ‘Service user’ is used to mean you, or anyone else who is using the services of a criminal or civil justice organisation or who is on the receiving end of a public function. It includes someone who wants to use services (for example, someone who is stopped or put off using a service by unlawful discrimination).
• ‘Service’ includes goods and facilities as well as services, and public functions. 

Public sector organisations and others who deliver services for them or carry out public functions on their behalf may have to have what the law calls ‘due regard to the need to advance equality of opportunity’ between people who have a particular protected characteristic and people who don’t. These are known as the public sector equality duties, and they apply to the protected characteristics of race, disability and sex.

When you are involved with criminal or civil justice organisations which are public sector organisations or others who deliver services for them or carry out public functions on their behalf, you may also have rights under the Human Rights Act 1998. 

You can contact the Equality and Human Rights Commission to find out more about the public sector equality duties and the Human Rights Act.