The Criminal Bar Association (CBA) presents evidence regarding bullying and harassment to an independent review led by Harriet Harman.
- Reports highlight a culture where high standards lead to behaviours dismissing alternative viewpoints.
- The association identifies problems such as harassment and inappropriate conduct justified by the pursuit of a higher purpose.
- CBA recommends mandatory training for barristers on bullying, harassment, and inclusion.
- Proposals include independent mechanisms in chambers for complaints and appointing an ombudsman.
The Criminal Bar Association (CBA) has presented substantial evidence to an independent review led by Harriet Harman, addressing bullying and harassment within the legal profession. The submission highlights a pervasive culture where high standards and intellectual rigour at the bar often lead to intolerant behaviour, where barristers and judges may view their opinions as indisputable, potentially crossing into humiliating conduct.
The CBA has identified that inappropriate conduct is commonly misunderstood as necessary for achieving ‘higher’ objectives, such as ensuring court efficiency or winning cases. This problematic attitude is often most apparent to those who have transitioned from other professional sectors into the bar, who may find the existing culture challenging.
The association reveals that sexual harassment, though perpetrated by a minority, reflects a wider culture of tolerance and fear of repercussions for reporting misconduct. Reputation often precedes these individuals, indicating longstanding issues not adequately addressed. To mitigate these concerns, mandatory training on bullying, harassment, and sexual harassment is suggested for all barristers, alongside training focused on equality, diversity, and inclusion.
To enhance the complaint resolution process, the CBA proposes the implementation of independent mechanisms within chambers. These mechanisms would facilitate more trustworthy handling of complaints, offering a viable alternative to the existing systems. Furthermore, the appointment of an independent ombudsman is recommended to oversee the complaints-handling processes diligently.
Additionally, the CBA suggests reforms to the Judicial Conduct Investigation Office’s procedures, advocating for the three-month timeframe for lodging complaints to be extended. This extension would allow comprehensive evidence gathering related to the accused’s behaviour over time. The association stresses the importance of open justice principles in adjudicating complaints, rejecting proposals for anonymity in disciplinary hearings.
The CBA’s recommendations aim to foster a more supportive and transparent environment at the bar, reducing bullying and harassment.
