Being Black And Working In The Criminal Justice System
When I began my career in criminal law as a paralegal I did not often see other black professionals. It was rare to see another black legal representative at the police station. I did not encounter many black police officers conducting interviews, or black custody sergeants. Similarly it also struck me when I saw black defence solicitors. My career began 15 years ago at CPS London where I only encountered a handful of black prosecutors in a year whilst working there. I noticed I was often one of the only black faces. When I qualified it was also uncommon to see black court staff especially legal advisors and judges.
Over time, I have seen meaningful shifts, especially in London. There are more black people working in a wider range of roles in police custodies and courts. However, it is still glaring to see the lack of black members of the judiciary.
Those experiences made me understand how representation mattered symbolically to me. When I saw other black people it showed we had an important role to play and instilled confidence we should be there. To me standing firm and in pride highlights the benefits of visibility of black people working in courts and police stations at all levels.
The 2017 ‘Lammy Review’ highlighted systemic racial disparities across arrest, conviction, and sentencing. The review made findings that are of concern to us all including that BME people who are found guilty are more likely to receive custodial sentences than white offenders and are also overrepresented at almost all stages of the criminal justice process.
Wider representation in the criminal justice system is an important part of addressing these issues. When those who prosecute, defend, judge, and police reflect the communities they serve it can strengthen trust and counter racial bias which can affect outcomes.
- According to SRA diversity data, 19% of lawyers are from Black, Asian or minority ethnic (BAME) backgrounds, but only 3% are Black. Solicitors Regulation Authority
- In criminal law firms, BAME representation is higher (32% in criminal law practices) than in corporate practice—yet that does not always translate to senior positions.
- Among partners in major UK law firms, just 90 out of over 13,000 identify as Black.
- In the judiciary, progress is still painfully slow: Black or Black British individuals represent around 1% of judges (court judges and tribunal judges) even as ethnic minority judges more broadly approach 12 %.
Sadly the issues highlighted by the Mcpherson report, Lammy Review and others show how complex the challenges faced by ethnic minorities are.
I have felt that being black can be an extra hurdle to overcome when gaining the trust of clients. I have been asked by police what is it like representing black youths arrested for knife crime. I have noticed split second surprise from court staff when I have said I am the solicitor. The lack of representation at all levels still remains.
Celebrating Black History Month for me is a reminder of the huge steps that have been taken and gives me courage and hope about future progress.
Our theme for this year’s Black History Month of Standing Firm and in pride for me acknowledges that wider representation is vital. Although it is positive that progress has been made the future of criminal justice depends on justice not only in law, but in whose voice is heard, whose face is seen, and whose power is recognised.