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Been reflecting on recent events and wondering whether we in the legal profession can truly say we are consciously
#antiracist in the way that we preside over, present and defend cases. We often criticise policing but what do we do in court? For example:
[A thread]
#antiracist in the way that we preside over, present and defend cases. We often criticise policing but what do we do in court? For example:
[A thread]
1. I've seen Criminal Behaviour Order applications being made referencing points like the number of times a defendant has been stopped and searched without contemplating the fact that Black people are x40 more likely to be targeted in this way by police: https://www.theguardian.com/law/2019/may/04/stop-and-search-new-row-racial-bias
2. Gang affiliation or association is often the subject of bad character applications even though the Gangs Matrix and categorisation of gang "intelligence" is HEAVILY criticised by very well respected human rights charities https://www.amnesty.org.uk/london-trident-gangs-matrix-metropolitan-police
3. I've seen cases with clients accused of gang association due to being in the back of a YouTube vid/ their older brother or cousin being a gang member/ their having friends associated with gangs. Friends they've made from being in the same school, or living on the same estate
4. I've seen many times, in mags' courts in particular, defendants being reprimanded for looking at the ground or having their hands in their pockets when addressing the court. Without recognition that these are young people intimidated by the pale and stale environment
5. The amount of times a case has been prosecuted on the basis of identification evidence that simply categorises a person as "IC3" (police code for Black) without going into further detail about skin tone shade
6. Use of school records of poor behaviour forming the basis for cross-examination of witnesses & defendants to show propensity towards negative behaviour. Without recognition of the fact that Black children are overpunished in the school system: https://www.independent.co.uk/news/education/education-news/school-racial-bias-black-students-kissing-teeth-teachers-a9279056.html
7. I could go on. If we were truly anti-racist, wouldn't there be more hesitation before even agreeing to make these applications, or to rely on that evidence or observations in criminal cases...?
8. Me again, another one. How many times have we seen a police officer say they've stopped someone (Black) because they can smell cannabis...when the case is nothing to do with drugs. And then we just crack on and use that officer's evidence as though that is acceptable?
9. There's no "fruits of the poisonous tree" doctrine in UK law. So an officer having a weak AF reason to stop someone doesn't prevent their evidence then being used in court.
