England: Judiciary ‘institutionally racist’, report finds

The study, undertaken by the University of Manchester and barrister Keir Monteith KC, found that judicial discrimination was directed particularly towards black court users – be they lawyers, witnesses or defendants.

A survey of 373 legal professionals found that 56 per cent said they had witnessed at least one judge behaving in a racially biased manner towards a defendant, while 52 per cent attested to discrimination in judicial decision-making.

Professor Leslie Thomas KC, who wrote the report’s foreword, said: “Judges need to sit up and listen, because it is a myth that Lady Justice is blind to colour. Our judiciary as an institution is just as racist as our police forces, our education system and our health service – this is something that cannot be ignored for any longer.”

The responses showed that racial discrimination was most frequently directed at Asian and black people, the latter of whom were the worst affected, especially young black male defendants.

Professor Eithne Quinn, the report’s academic lead author, said: “Judges are usually seen – and often see themselves – as neutral arbiters, but this can be far from the truth.

“Our findings show that from their demeanour to their decision-making, judges often play a role in fuelling and normalising the terrible disparities in our legal system. The sooner this is widely realised, the sooner change can be instigated.”

The report calls for the lord chief justice to publicly acknowledge the justice system is institutionally racist. It also calls for ongoing racial bias as well as anti-racist training for judges and for the overhaul of the process of judicial appointments.

Mr Monteith said: “Racism in the justice system has to be acknowledged and fought by those at the highest level, but at the moment there is complete and utter silence – and as a consequence, there is no action to combat racial bias. It is impossible to have diversity and inclusion if the system itself unfairly discriminates.”

The Lord Chief Justice, Lord Burnett of Maldon, said: “The judiciary will look carefully at this report and take it into account when considering how to focus our efforts in the future. Any incidents of racism, harassment, bullying or discrimination are unacceptable and will be dealt with in accordance with the relevant grievance or conduct procedure.”