Judgment Approved by the court for handing down. R (Bridges) -v- CC South Wales & ors Impact Assessment since April 2017. The focus of Mr Squires’s submissions before us was on the point that the PSED is a continuing duty and, submits Mr Squires, there is a continuing breach of it. 169. This has always been part of the Appellant’s case: see para. 92 of the Statement of Facts and Grounds, where it was made clear that the PSED is “an ongoing obligation.” 170. The reasons of the Divisional Court for rejecting this ground of challenge were set out at [153]-[158] of its judgment. 171. At [153] the Divisional Court said: “In our view, on the facts of this case there is an air of unreality about the Claimant's contention. There is no suggestion that as at April 2017 when the AFR Locate trial commenced, SWP either recognised or ought to have recognised that the software it had licensed might operate in a way that was indirectly discriminatory. Indeed, even now there is no firm evidence that the software does produce results that suggest indirect discrimination. Rather, the Claimant's case rests on what is said by Dr Anil Jain, an expert witness. In his first statement dated 30th September 2018, Dr Jain commented to the effect that the accuracy of AFR systems generally could depend on the dataset used to ‘train’ the system. He did not, however, make any specific comment about the dataset used by SWP or about the accuracy of the NeoFace Watch software that SWP has licensed. Dr Jain went no further than to say that if SWP did not know the contents of the dataset used to train its system ‘it would be difficult for SWP to confirm whether the technology is in fact biased’. The opposite is, of course, also true.” 172. At [156]-[158] the Divisional Court said the following: “156. Thus, SWP may now, in light of the investigation undertaken to date by Mr. Edgell, wish to consider whether further investigation should be done into whether the NeoFace Watch software may produce discriminatory impacts. When deciding whether or not this is necessary it will be appropriate for SWP to take account that whenever AFR Locate is used there is an important failsafe: no step is taken against any member of the public unless an officer (the systems operator) has reviewed the potential match generated by the software and reached his own opinion that there is a match between the member of the public and the watchlist face. 157. Yet this possibility of future action does not make good the argument that to date, SWP has failed to comply with the duty under section 149(1) of the Equality Act 2010. Our conclusion is that SWP did have the due regard required when in April 2017 it commenced the trial of AFR Locate. At that time,