In a recent incident that has sparked conversations about racial bias within the criminal justice system, a prominent black barrister, Stephen Akinsanya, encountered a security guard at a London court who denied him access to the car park, citing that "it's not for defendants." This event, which Akinsanya first discussed in a Criminal Bar Association podcast, titled "Being Black in Criminal Justice – Is the Profession Racist?" has shed light on the persistent racial biases that continue to plague the legal profession, despite efforts to promote diversity and inclusion.
Akinsanya, who was awarded an OBE for his work in raising awareness of youth knife crime, shared a personal story that mirrors the experiences of many black professionals in the legal field. He recalled a similar incident from when he first qualified as a lawyer in 1993, where a security guard at the same court asked him which case he was on trial in, implying that he was the defendant rather than the lawyer. Fast forward to the present day, and the situation has not improved significantly.
The barrister's encounter at the court car park highlights the subtle yet insidious nature of racial bias. While he was dressed in his barrister's attire, the security guard still assumed he was a defendant, a reflection of the pervasive stereotype that black individuals are more likely to be defendants than lawyers. This incident, combined with the lack of progress in increasing the number of black judges, raises important questions about the systemic racism that persists in the criminal justice system.
The statistics on judicial diversity are alarming. Over the past 10 years, the proportion of black judges has barely moved, from 1.4% to 1.6%, which is significantly lower than the 4% of the population in England and Wales. This disparity is even more striking when considering the experiences of black professionals like Akinsanya, who have been turned down for positions despite their qualifications and experience.
The podcast also featured insights from Keir Monteith KC, who co-authored a report that concluded the judiciary was institutionally racist. Monteith criticized the "secret soundings" used to appoint judges, which rely on serving judges' confidential assessments of candidates' suitability. He argued that this process perpetuates bias and undermines the application of merit, as it relies on subjective judgments rather than objective criteria.
The call for change is clear. There needs to be a more transparent and accountable process for appointing judges, with a focus on diversity and inclusion. The legal profession must address the systemic racism that continues to hinder the progress of black professionals, and work towards creating a more equitable and just system for all.
In my opinion, the incident involving Stephen Akinsanya is a stark reminder of the work that still needs to be done to address racial bias in the criminal justice system. It is a call to action for the legal profession to confront its biases and create a more inclusive and equitable future. The time for change is now, and it is up to all of us to ensure that the legal system serves justice for all, regardless of race or background.
