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Courts head apologises after Black barrister mistaken for defendant three times in a day

The Canary by The Canary
24 September 2020
in News, UK
Reading Time: 4 mins read
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The acting head of the UK’s court service has apologised after a Black barrister was mistaken for a defendant three times in one day.

Alexandra Wilson, a criminal and family barrister and author of In Black And White, tweeted that she was “absolutely exhausted” after staff at the court repeatedly failed to recognise she worked in the legal profession.

Her tweets quickly went viral, drawing accusations of racism within the UK’s court system.

Kevin Sadler, the acting chief executive of Her Majesty’s Courts and Tribunals Service apologised to Wilson and said it was “totally unacceptable behaviour” and he would be investigating the role of his staff in the incident.

I thought I’d explain what happened today because I’m absolutely exhausted and tbh I think a light needs to be shone on this. Especially given so many people like me seem to experience the same thing.

— Alexandra Wilson (@EssexBarrister) September 23, 2020

Wilson said when she arrived at court on Wednesday the security officer first asked for her name so he could find it on the list of defendants.

“I explained I was a barrister. He apologised and guided me through security,” she said.

“At this point I tried to shrug it off as an innocent mistake.”

After meeting with her client, she then tried to enter the courtroom to discuss the case with the prosecutor.

In just 3 months I’ll be defending and prosecuting in the Courts of England and Wales. I’m 24. I’m mixed-race. I’m from Essex. I’m not posh. I worked hard and NEVER listened when people said the Bar wasn’t for people like me. THIS is what a barrister looks like. pic.twitter.com/f5CHh1nji5

— Alexandra Wilson (@EssexBarrister) January 4, 2019

She said: “At the door a member of the public told me not to go into the courtroom. I asked why and she said because it’s a court, only lawyers can go in. She said I was a journalist.

“The usher (the one person who recognised I was a barrister today) said to ignore her and to head on in.

“As I opened the door, a solicitor/barrister said I needed to wait outside court and said the usher (who, btw, was next to me) would come outside and sign me in and the court would call me in for my case. I explained I’m a barrister. She looked embarrassed and said “oh. I see.

“She turned back around and I walked towards the prosecutor, ready to have our conversation. 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.

Thankfully, the prosecutor and I were eventually able to have our conversation and the case proceeded smoothly.

This really isn’t ok though.

I don’t expect to have to constantly justify my existence at work.

— Alexandra Wilson (@EssexBarrister) September 23, 2020

“I, AGAIN, explained that I am a defence barrister trying to speak to the prosecutor. She looked at me, said “oh right, ok” and continued with what she was doing.”

Following the incidents, Wilson said she has lodged a formal complaint: “This really isn’t ok though. I don’t expect to have to constantly justify my existence at work.”

Sadler responded to Wilson’s twitter thread and said: “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.”

Hello Ms Wilson, 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 1/2

— Kevin Sadler (@CEOofHMCTS) September 24, 2020

It comes after official figures revealed people from Black, Asian and minority ethnic (BAME) backgrounds are less likely to be successful when applying to become a judge, and only 9% are 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.

Tags: racism
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