Lord Burnett of Maldon, the Lord Chief Justice, said he had “little doubt” that allegations made by female barristers about sexist conduct by male colleagues — including jokes about breasts and misogynistic bullying — reflected a genuine concern that should be addressed.
He said that any such behaviour should be “called out” and that “little tolerance” would be shown towards judges found responsible. Digital recordings of court proceedings could be used to identify perpetrators, he suggested.
Lord Burnett’s comments came during a speech in London, in which he insisted that improving diversity was essential for maintaining public confidence in the law.
He insisted that the judiciary was striving to achieve this through mentoring schemes and other measures, although he warned against the use of targets or quotas. Last week the Evening Standard reported allegations by prominent female barrister Joanna Hardy and the Criminal Bar Association about inappropriate sexist conduct in the criminal bar and judiciary. Ms Hardy warned that male barristers were still making “repetitive jokes about breasts and skirts” as well as behaving as if they were “on a stag do”, while the CBA accused judges of misogyny.
Referring to the claims, Lord Burnett said: “A handful of unnamed judges have been criticised. Any inappropriate conduct is likely to have been captured on a digital recording. This alleged behaviour should be called out and then it will be dealt with either by the leadership judges or within the formal, independent complaints procedure.
“Judges must behave with courtesy and respect ... there will be little tolerance of those few who do not.”
Lord Burnett said that it was a “necessity” for the judiciary to become more diverse to increase the range of life experiences that judges could draw upon in making decisions and create a larger talent pool.
He added that such changes were vital to maintain confidence and willing participation in the justice system.
