Amid growing concerns about cultural insensitivity, courts in the United Kingdom are contemplating the elimination of mandatory wigs for barristers. Several Black barristers have lodged complaints that the traditional headpieces discriminate against Afro-Caribbean hair, prompting a review of court dress by the Bar Council and the judiciary.
In the hallowed halls of UK courts, a centuries-old tradition may be coming to an end. Amidst concerns about cultural insensitivity, courts are considering doing away with the mandatory wigs worn by barristers.
The Bar Council, which represents barristers in England and Wales, has formed a working group to examine court dress in light of protected characteristics. The group's findings are currently under discussion with the judiciary as part of ongoing efforts to enhance equality and diversity within the legal profession.
Several Black barristers have publicly voiced their concerns about the wigs, arguing that they discriminate against Afro-Caribbean hair. Michael Etienne, a barrister with an afro hairstyle, has branded the compulsory wigs as a form of racism and hair discrimination. His case sparked a public debate after he was ordered to wear the headpiece or face disciplinary action.
The wigs, traditionally made of horsehair, are not required in all courtrooms. They have not been compulsory in family, civil, or Supreme Court cases since 2007. However, their continued use in other courtrooms has drawn criticism.
Leslie Thomas KC, a Black legal professional in London, has condemned the wigs as a "ridiculous costume" that perpetuates a "culturally insensitive climate" at the Bar. He believes that the judiciary should do away with all "archaic" court dress, including wing collars, bands, and collarettes.
Rachel Bale, a mixed-race barrister with curly afro hair, has pointed to religious exemptions already in place for Sikhs wearing turbans and Muslims wearing headscarves. She suggests that barristers should be allowed to opt out of wearing wigs for cultural reasons, arguing that wigs are often "not fit for purpose" for naturally Black hairstyles.
The judiciary has acknowledged the ongoing discussions and has welcomed the input of the Bar Council. A decision on the future of mandatory wigs for barristers is expected later this year.
The debate over the wigs has sparked a broader conversation about cultural sensitivity within the UK legal system. Some critics argue that the traditional dress code perpetuates a sense of elitism and exclusion, while others maintain its historical significance and symbolism.
As the judiciary deliberates on the issue, it will face the challenge of balancing respect for tradition with the imperatives of inclusivity and diversity. The outcome of the discussions will have a significant impact on the appearance and culture of UK courts for years to come.
