11:14, September 24 102 0 theguardian.com

2020-09-24 11:14:04
Investigation launched after black barrister mistaken for defendant three times in a day

The head of the courts service in England and Wales has apologised to a black barrister after she was stopped and mistaken for a defendant three times in one day at court.

Kevin Sadler, the acting chief executive of HM Courts and Tribunals Service, has condemned the “totally unacceptable behaviour” and promised to investigate the complaint made by Alexandra Wilson, who specialises in criminal and family cases.

Wilson, whose chambers are near the Old Bailey in the City of London, tweeted this week that she had gone to a court and was repeatedly misidentified as a defendant rather than as a lawyer. She is the author of In Black And White, which highlights the problem of racism in the courts.

Wilson said that she was “absolutely exhausted” after what had happened and that “a light needs to be shone on this”. Her tweets triggered fresh accusations about racism in the courts.

Wilson said she had initially been stopped at the entrance by a security guard and “asked me what my name was so he could ‘find [my] name on the list’ (the list of defendants)”. She thought that might have been an “innocent mistake”.

Then a member of the public, who thought she was a journalist, told her not to go into a courtroom and to wait for the usher to sign her in for her case. She had to explain that she was the barrister.

Inside the courtroom, a barrister or solicitor told her to wait outside and see the usher. Wilson explained that she was a lawyer.

She then approached the prosecutor. Wilson added: “Before I got there the clerk, VERY loudly, told me to leave the courtroom and said the usher would be out shortly. Before I could respond she then asked if I was represented.”

For at least the third time, she had to declare that she was a defence barrister. “This really isn’t ok …” she tweeted. “I don’t expect to have to constantly justify my existence at work.”

In response, Sadler tweeted: “I‘m very sorry about your experience at court yesterday – it is totally unacceptable behaviour and I’m investigating the role of my staff and contractors as a matter of urgency.

“This is not the behaviour anyone should expect and certainly does not reflect our values.”

Amanda Pinto QC, chair of the Bar Council, called the incident “appalling”. She said: “With regret, I fear Alexandra’s experience is not a one-off. Many barristers have to put up with the prejudiced assumptions of others – Alexandra has done so with exemplary grace and patience. I am speaking directly with HMCTS, the senior judiciary and the CPS [Crown Prosecution Service] immediately, urging more to be done to stamp out this behaviour.

“The barristers’ profession is always striving to be more representative of the society it serves. There is more to do to change the perception of the bar, but that is no excuse for the kind of attitudes and remarks described. We are not all white, middle-class men.”

It comes after official figures revealed people from black, Asian and minority ethnic backgrounds are less likely to be successful when applying to become a judge, and only 9% were senior barristers.

Last week a Ministry of Justice report found BAME people “over-represented in applications for judicial appointment” but are “less likely to be successful”.

Industry leaders have called for the legal profession to diversify to better represent the public.

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