Newsroom University of Manchester

New report uncovers ‘institutional racism’ in the justice system

Tue, 18 Oct 2022 18:00:00 +0100

A new report by experts from The University of Manchester and barrister Keir Monteith KC has raised urgent questions about racial attitudes and practices in the justice system in England and Wales.

Although the judiciary wields enormous power over individuals, its operations are alarmingly underscrutinised, and one area that has remained largely beyond examination is judicial racial bias. draws on a survey of 373 legal professionals.

95% of respondents said that racial bias plays some role in the processes or outcomes of the justice system, and 29% said it played a ‘fundamental role’. A majority of respondents had witnessed one or more judges acting in a racially biased way towards a defendant and in their decision-making.

Racial discrimination by judges is most frequently directed towards Asian and Black people according to the survey, with people from Black communities - lawyers, witnesses, defendants, etc. - by far the most common targets of judicial discrimination. Young Black male defendants were the subgroup most frequently mentioned as targets of judicial bias.

The survey did find that some judges are already acting in ‘antiracist’ ways by being conscious of and knowledgeable about racism, and seeking to mitigate it - however, only a minority of respondents had ever seen a judge act in this way.

Race training is neither compulsory nor provided on a regular basis – only 49% of the respondents who have worked as judicial office holders had received race training in the preceding three years.

The report emerges as serious questions are already being asked about the treatment of ethnic minority people in the justice system. Black barristers are and report experiencing . On top of this, and the found that sentencing outcomes are often harsher for ethnic minority defendants.

Overall, the report suggests that the combination of quantitative and qualitative data presented, substantiated by the kind of reports listed above, amounts to evidence of ‘institutional racism’ in the justice system presided over by judges.

The report is a response to the five-year strategy launched by Lord Chief Justice Lord Burnett of Maldon to enhance equality and diversity in the judiciary, and finds that it does not consider the issue of racism or even mention ‘racial bias’. Researchers found a profound disparity between the conclusions of the strategy - that the justice system is basically fair and that progress has been made - when compared to the widespread views and experiences of the legal professionals surveyed.

In addition, the report is critical of the Equal Treatment Bench Book, the textbook given to all judges on appointment, in terms of its framing of bias and racism, especially its lack of acknowledgement of anti-Black racism in the justice system.

The evidence in the report rings alarm bells about access to fair trials, hearings and tribunals as well as to equal professional development.

“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,” said Keir Monteith KC. “It is impossible to have diversity and inclusion if the system itself unfairly discriminates. There has to be a hard reboot to protect and revitalize the rule of law and civil rights for all citizens - a good start would be to follow the recommendations in our report.”

“Judges need to sit up and listen, because it is a myth that Lady Justice is blind to colour,” said Professor Leslie Thomas KC, who wrote the report’s Foreword. “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.”

“This important report demonstrates that the very low number of Black and minority ethnic judges poses an acute challenge to the credibility and legitimacy of the judiciary,” said Stephanie Needleman from . “It is only by creating a critical mass of diverse judges that we can ensure that our judiciary is reflective of society and begin to combat the racism witnessed by survey respondents.”

“We welcome, and are grateful to have been consulted on, this hard-hitting report,” said former Judge Claire Gilham from the “My whistleblowing about racism was dismissed as me not understanding judicial culture, having come from the wrong background. There is no internal data keeping for equality complaints, which makes it very difficult for the judiciary to provide any evidence to deny the findings of this report. A severe shake-up of the system is needed.”

“Even after 25 years as a Trade Union Official, I am shocked at the practices employed in the appointment and promotion of judges,” said Stuart Fegan from GMB. “The Judiciary is funded with public money, and the practices identified would simply not be tolerated anywhere else in the public sector. I am delighted that Labour have committed to review appointment and promotion procedures if they win the next election in order to ensure that judges are reflective of the public they serve.”

School of Social Sciences celebrate official opening of the Justice Hub

Wed, 20 Nov 2019 16:55:28 +0000

This month, is celebrating the launch of the in its new home, 188 Waterloo Place.

The Justice Hub network began life over 20 years ago as the (LAC), based within the Law School. The past 20 years have seen the arrival of new initiatives and centres, including our Dementia Law Clinic, The Miscarriage of Justice Review Centre and cutting edge teaching and research within our Legal Technology Initiative. Bringing these projects together through the Justice Hub network has given our students a space to lay their foundations with holistic, autonomous and reflective experiences, whilst making real change happen in the community. The official launch event was a chance to celebrate the hard work of students and colleagues throughout the years, whilst focusing on the bright future that lies ahead for our Justice Hub.

The event kicked off with speeches and presentations from staff, students and our guest speaker, Human Rights Barrister Anna Morris. Neil Allen, Law Academic and Barrister, began proceedings with a short history of the Justice Hub, beginning with the founding of the LAC in 1999 to provide free legal advice to those in need. Over the past 20 years, the LAC has grown to include a number of exciting new projects, all aimed at improving access to justice for the vulnerable, marginalised and disadvantaged. Professor Claire McGourlay discussed the difficulties faced by pro bono services following legal aid cuts over the last seven years; Claire praised the students for their commitment against these challenges as our Justice Hub continues to expand to meet increasing demands.

Anna Morris shared stories from her own journey into human rights law, citing the importance of voluntary experience for students seeking a future career in the legal sector. The presentations were wrapped up by three of our student volunteers who spoke about the knowledge and understanding they have gained from working in the Justice Hub alongside clients facing complex, and often sensitive, legal problems.

Outside the Justice Hubs new home at 188 Waterloo Place, Professor April McMahon, Vice President for Teaching and Learning, cut the ribbon across the door as all attendees were invited in to celebrate the evening with a drinks reception and a chance to look around the Hub.

91ֱ�� hosts first conference for justice campaign

Tue, 04 Dec 2018 15:40:00 +0000

The first-ever conference for the Innovation of Justice campaign, which campaigns in defence of people who have been victims of miscarriages of justice, has been hosted by The University of Manchester’s School of Law.

The non-profit campaign was co-founded by Liam Allan, who was falsely accused of rape and exonerated after it was revealed during the court case the police had failed to disclose vital evidence proving innocence. The campaign is also co-founded by Annie Brodie-Akers, a University of Sheffield law student and the President and Chair of the Miscarriage of Justice Awareness Society. The campaign hopes to break down the barriers between victims of miscarriages of justice and those who can change and influence the law. The founders believe that the UK’s criminal justice system needs repair and reform, and aims to campaign in solidarity with people who don't currently have a voice and bring it to the forefront of the government’s mind.

The conference covered a range of topics including issues facing the legal profession, disclosure failings, false allegations and wrongful convictions. Many people who have faced these issues spoke at the event, including Eddie Gilfoyle - who was released in 2010 after being sentenced to 18 years for the murder of his pregnant wife – and Michael O’Brien, one of the wrongfully convicted Cardiff Three, who detailed his struggles in prison and after his release.

Mark George QC also spoke about the increasing number of people unable to appoint a lawyer because of changes to legal aid, and described this as ‘simply unacceptable’.

Liam Allan, the 22-year-old student who was wrongfully charged with 12 counts of rape and sexual assault last year, was also at the conference. His barrister Julia Smart outlined the extraordinary failings of the police and the prosecuting authorities in his case. She spoke of finding herself on the week of his trial with all of the material required to prove beyond a doubt that he was a wholly innocent man, but this had not been previously disclosed to the defence. Liam closed the day with a positive speech about the conference, hope, and achieving the seemingly impossible.

“The School of Law and the Miscarriages of Justice Review Centre are so proud and excited to be hosting the first conference,” said Professor Claire McGourlay from The University of Manchester. “We have all worked incredibly hard to pull it all together, and behind this enthusiasm and dedication is a belief that our criminal justice system needs reform and investment.”

“Our justice system is in crisis and has been for a long time. The public and politicians need to listen and lead change before yet more innocent people end up in prison or suffer what Liam and many offers have.”

“The team behind Innovation of Justice cannot thank The University of Manchester’s School of Law enough for helping us with our first event,” said Annie Brodie-Akers. “Their commitment and dedication to the project is what has made it as successful as it is now. We are proud to host this first event with 91ֱ��, and wish to say a special thanks to them for assisting us in this journey for the past few months.”