The chief executive of HM Courts & Tribunals Service has begun an urgent investigation into how a black barrister was repeatedly mistaken for a defendant in court yesterday.
Criminal and family law barrister Alexandra Wilson explained events on Twitter, saying she believed a light needed to be shone on the issue ‘especially given so many people like me seem to experience the same thing’.
Wilson, of 5SAH Chambers in London, said a security officer asked what her name was so he could find it on the list of defendants. Wilson explained she was a barrister. He apologised and guided her through security. ‘At this point I tried to shrug it off as an innocent mistake,’ she said.
After speaking to her client, she opened the door to the courtroom to discuss the case with the prosecutor who was sitting inside. ‘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, by the way, 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”.’
Wilson walked towards the barrister. ‘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. I, AGAIN, explained that I’m a defence barrister trying to speak to the prosecutor. She looked at me, said “oh right, OK” and continued with what she was doing.
‘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.’
Wilson’s experience prompted widespread outrage from lawyers and, this morning, HMCTS chief executive Kevin Sadler apologised within the thread under her posts.
He said: ‘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 behaviour anyone should expect and certainly does not reflect our values.’
Earlier this year prominent civil liberties solicitor Marcia Willis Stewart said black lawyers continue to be mistaken for the defendant.