3 Hearts
Should the law be consistently applied equally to everyone in society?

Case Studies

Do you think the law is applied in the same way for these groups?
  • Famous people
  • Homeless people
  • Colleagues
  • Politicians
  • Individuals or members of a community with protected characteristics. 
When have you seen practical demonstrations that the law is not applied equally, and what were the reasons for this?

Discussion

The law of the land should be applied without fear or favour. However, while it appears a pretty straightforward question in theory, in practice, things are sometimes not so simple. Some groups will have the law applied towards them in different ways due to the way that the law is drafted or due to other factors that you are obliged to take into account.

For example, in June 2022 the Police, Crime, Sentencing, and Courts (PCSC) Act powers came into force which relate to trespassing on land without consent/unauthorised encampments. Part 4 of the Act amended existing powers previously available under the Criminal Justice and Public Order Act (CJPO) 1994 and added new powers, the most significant legislative change being the introduction of a new summary criminal offence of residing on land without consent in or with a vehicle, together with the power of arrest and right to seize vehicles. The link contains a summary of a legal challenge (14 May 2024) to the use of these powers, in which the High Court has ruled that certain provisions are incompatible with Article 14 of the European Convention on Human Rights (the prohibition on discrimination) when read with Article 8 (the right to private life) as they amount to unjustified discrimination against Gypsies and Travellers.

  • This provides an example of how the same law cannot be applied in the same way to everyone for clear legal reasons.
  • However, other exceptions, waivers or turning the “Nelsonian Blind Eye” to certain criminal acts may not have such a foundation and seem much harder to justify.