HMCTS Apologises to Young Black Barrister Assumed to be Defendant

Her Majesty's Courts and Tribunals Service (HMCTS) has apologised to a young black barrister after members of staff wrongly assumed he was a defendant.

Luke McLean, who is undertaking pupillage at Garden Court Chambers, was speaking to a member of staff at a London Magistrates' Court last week when he was asked "are you the defendant?"

"I'm wearing a three-piece suit, and you ask things in a different way as a professional than you would as a defendant. I think I was carrying my laptop, too," Mr McLean said.

"But the first thing he responded was, are you the defendant? He didn't ask if I was the barrister, or the probation officer. I could have been anybody. But the first assumption he makes is that I'm the defendant."

Mr McLean noticed that his client's name was omitted from the court list, so he approached an administrative staff member to make enquiries. When he asked about his client's case, that second member of staff asked "have you received a summons?", which again wrongly suggested the junior barrister was the defendant.

An HMCTS spokesman said the organisation was "deeply sorry" for Mr McLean's "unacceptable experience", which comes only a few months after black barrister Alexandra Wilson received a similar reception in court.

Mr McLean said while the incident was "disheartening", it was not rare.

"It happens a lot in different contexts, from court staff to probation offers and list callers," he said.

"The first thing you do in court is go past security, who have a list of all the defendants due to attend court. Many times I've had security ask who I am, looking at the list, and asking where I am on the list. You have list callers shouting the names of defendants, and looking at me.

"There's a preconception that because I'm a young person of colour, I couldn't be the barrister."

HMCTS said it remained "completely committed to playing our part in tackling discrimination".

I would hope the staff members concerned spoke without thought rather than with any malice. As Alexandra Wilson said in the article, it would be sensible for court staff to start future conversations more along the lines of "hello there, how can I help?" instead of wrongly assuming anyone's identity.